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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Ending Carbon Tax Compensation) Bill
2017
No. , 2017
(Social Services)
A Bill for an Act to amend the law relating to social
security, veterans' entitlements, military
rehabilitation and compensation and farm
household support, and for related purposes
No. , 2017
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Energy supplement under the social security law
3
Social Security Act 1991
3
Part 2--Energy supplement under the Farm Household
Support Act
20
Farm Household Support Act 2014
20
Part 3--Energy supplement under the Veterans' Entitlements
Act
21
Veterans' Entitlements Act 1986
21
Part 4--Energy supplement under the Military Rehabilitation
and Compensation Act
27
Military Rehabilitation and Compensation Act 2004
27
Part 5--Other amendments
29
Budget Savings (Omnibus) Act 2016
29
Veterans' Entitlements Act 1986
29
No. , 2017
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
1
A Bill for an Act to amend the law relating to social
1
security, veterans' entitlements, military
2
rehabilitation and compensation and farm
3
household support, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Social Services Legislation Amendment (Ending
7
Carbon Tax Compensation) Act 2017.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
No. , 2017
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
20 September 2017.
20 September
2017
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments Schedule 1
Energy supplement under the social security law Part 1
No. , 2017
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
3
Schedule 1--Amendments
1
Part 1--Energy supplement under the social security
2
law
3
Social Security Act 1991
4
1 Subsection 17(8) (formula)
5
Repeal the formula, substitute:
6
Pension
Ordinary
Maximum
2
supplement
free area
basic rate
component
limit
52
7
2 Subsection 17(8) (definition of energy supplement
8
component)
9
Repeal the definition.
10
3 Application provision
11
The amendments of subsection 17(8) of the Social Security Act 1991
12
made by this Part apply in relation to lump sum preclusion periods
13
beginning on or after the commencement of this item.
14
4 After section 21
15
Insert:
16
22 Transitional energy supplement person
17
(1) A person becomes a transitional energy supplement person on
18
19 September 2016 if on that day:
19
(a) the person was receiving an income support payment where
20
energy supplement was used to work out the rate of that
21
payment; or
22
(b) energy supplement was payable to the person under
23
section 1061UA; or
24
Schedule 1 Amendments
Part 1 Energy supplement under the social security law
4
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
No. , 2017
(c) subsection 62B(2) of the Veterans' Entitlements Act applied
1
in relation to the person; or
2
(d) energy supplement was payable to the person under
3
section 118PA of the Veterans' Entitlements Act; or
4
(e) under the scheme referred to in section 117 of the Veterans'
5
Entitlements Act, the Commonwealth was liable to pay the
6
person energy supplement for the person's clean energy
7
underlying payment; or
8
(f) subsection 238A(1) of the Military Rehabilitation and
9
Compensation Act applied in relation to the person; or
10
(g) under the scheme referred to in section 258 of the Military
11
Rehabilitation and Compensation Act, the Commonwealth
12
was liable to pay the person energy supplement for the
13
person's clean energy underlying payment; or
14
(h) the person was receiving a payment under the ABSTUDY
15
scheme (also known as the Aboriginal Study Assistance
16
Scheme) that included an amount identified as living
17
allowance and the person qualified for an energy supplement
18
under that scheme.
19
(2) A person ceases to be a transitional energy supplement person on
20
a day on or after 20 September 2016 (and can never again become
21
a transitional energy supplement person) if none of
22
paragraphs (1)(a) to (h) apply to the person on that day.
23
Note:
Subsections (3) to (7) set out certain situations in which a person will
24
be taken to be receiving a payment on a day and therefore this
25
subsection will not apply to the person on that day.
26
Nil rate of social security payment
27
(3) If:
28
(a) before 19 September 2016 a person was receiving a social
29
security payment at a rate greater than nil and energy
30
supplement was used to work out that rate; and
31
(b) on a day (the nil rate day) on or after 19 September 2016 the
32
rate of that social security payment is nil and energy
33
supplement is used to work out that rate; and
34
(c) on the day before that rate became nil, the person was
35
receiving that social security payment at a rate greater than
36
Amendments Schedule 1
Energy supplement under the social security law Part 1
No. , 2017
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
5
nil and energy supplement was used to work out that rate;
1
and
2
(d) the person is qualified for that social security payment on the
3
nil rate day; and
4
(e) the person's social security payment is not cancelled on the
5
nil rate day;
6
then, for the purposes of this section, paragraph (1)(a) is taken to
7
apply to the person on the nil rate day.
8
Suspension of social security payment
9
(4) If:
10
(a) before 19 September 2016 a person was receiving a social
11
security payment at a rate greater than nil and energy
12
supplement was used to work out that rate; and
13
(b) on a day (the suspension day) on or after 19 September 2016
14
that social security payment is suspended; and
15
(c) on the day before that suspension took effect, the person was
16
receiving that social security payment at a rate greater than
17
nil and energy supplement was used to work out that rate;
18
and
19
(d) the person is qualified for that social security payment on the
20
suspension day;
21
then, for the purposes of this section, paragraph (1)(a) is taken to
22
apply to the person on the suspension day.
23
Portability
24
(5) If:
25
(a) on 19 September 2016 a person was receiving an income
26
support payment at a rate greater than nil; and
27
(b) the person is absent from Australia on 19 September 2016;
28
and
29
(c) the person returns to Australia, where the period of that
30
absence has exceeded 6 weeks; and
31
(d) the person's income support payment is payable to the person
32
on the day before the person returned to Australia;
33
then, for the purposes of this section, paragraph (1)(a) is taken to
34
apply to the person on each day that occurs in the period beginning
35
Schedule 1 Amendments
Part 1 Energy supplement under the social security law
6
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
No. , 2017
on 19 September 2016 and ending at the end of the day before the
1
person returned to Australia.
2
(6) If:
3
(a) on 19 September 2016 a person was receiving an income
4
support payment at a rate greater than nil and energy
5
supplement was used to work out that rate; and
6
(b) the person leaves Australia on a day on or after 20 September
7
2016 and, on the day before so leaving, the person was
8
receiving the income support payment at a rate greater than
9
nil and energy supplement was used to work out that rate;
10
and
11
(c) the person returns to Australia, where the period of that
12
absence has exceeded 6 weeks; and
13
(d) the person's income support payment is payable to the person
14
on the day before the person returned to Australia;
15
then, for the purposes of this section, paragraph (1)(a) is taken to
16
apply to the person on each day that occurs in the period beginning
17
on the day after the end of that 6-week period of absence and
18
ending at the end of the day before the person returned to
19
Australia.
20
Seniors health card
21
(7) If:
22
(a) a person makes a claim for a seniors health card under the
23
Administration Act or the Veterans' Entitlements Act:
24
(i) within the 6-week period mentioned in
25
subsection 1061U(4) or (8) of this Act, in circumstances
26
where paragraphs 1061U(4)(a) to (d) or (8)(a) to (d) of
27
this Act apply; or
28
(ii) within the 6-week period mentioned in
29
subsection 118P(1C) or (1G) of the Veterans'
30
Entitlements Act, in circumstances where paragraphs
31
118P(1C)(a) to (d) or (1G)(a) to (d) of that Act apply;
32
and
33
(b) the person's claim is granted and the person becomes the
34
holder of a seniors health card;
35
then, for the purposes of this section, paragraph (1)(a) is taken to
36
apply to the person on each day that occurs in the period:
37
Amendments Schedule 1
Energy supplement under the social security law Part 1
No. , 2017
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
7
(c) beginning on the cessation day mentioned in
1
paragraph 1061U(4)(c) or (8)(c) of this Act or
2
paragraph 118P(1C)(c) or (1G)(c) of the Veterans'
3
Entitlements Act; and
4
(d) ending at the end of the day before the person becomes the
5
holder of the seniors health card.
6
5 Subsection 23(1)
7
Insert:
8
transitional energy supplement person: see section 22.
9
6 Section 915
10
Repeal the section, substitute:
11
915 When quarterly energy supplement is payable
12
(1) Quarterly energy supplement is payable to a person for each day
13
for which an election by the person under subsection 915A(1) is in
14
force in relation to a social security payment the person is
15
receiving.
16
Note:
Section 918 may affect the person's qualification for quarterly energy
17
supplement.
18
(2) Quarterly energy supplement is payable to a person for each day
19
for which an election by the person under subsection 1061VA(1) is
20
in force in relation to a social security payment the person is
21
receiving, but only if energy supplement is used to work out the
22
rate of that social security payment on that day.
23
Note:
Section 918 may affect the person's qualification for quarterly energy
24
supplement.
25
7 Paragraph 915A(1)(a)
26
After "a social security payment", insert "(the main payment)".
27
8 Subsection 915A(1) (note)
28
Omit "would", substitute "may".
29
Schedule 1 Amendments
Part 1 Energy supplement under the social security law
8
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
No. , 2017
9 Subsection 915A(3)
1
Repeal the subsection, substitute:
2
(3) An election ceases to be in force if, disregarding the election,
3
energy supplement would cease to be used to work out the rate of a
4
social security payment of the person.
5
10 Application and saving provisions
6
(1)
The repeal and substitution of section 915 of the Social Security Act
7
1991 made by this Part applies in relation to working out whether
8
quarterly energy supplement is payable to a person for a day on or after
9
the commencement of this item.
10
(2)
The repeal and substitution of section 915 of the Social Security Act
11
1991 made by this Part does not affect the validity of an election made
12
under subsection 915A(1) or 1061VA(1) of that Act before the
13
commencement of this item.
14
(3)
Subsection 915A(3) of the Social Security Act 1991, as substituted by
15
this Part, applies on and after the commencement of this item in relation
16
to elections made before, on or after that commencement.
17
11 Point 1064-A1 (at the end of step 1B of the method
18
statement)
19
Add:
20
Note:
This step does not apply to certain persons: see point
21
1064-A3.
22
12 Section 1064 (at the end of Module A of the Pension Rate
23
Calculator A)
24
Add:
25
Energy supplement
26
1064-A3 Step 1B of the method statement in point 1064-A1 does not apply
27
in relation to a person on a day on or after the commencement of
28
this point unless the person is a transitional energy supplement
29
person on that day.
30
Note:
For transitional energy supplement person see section 22.
31
Amendments Schedule 1
Energy supplement under the social security law Part 1
No. , 2017
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
9
1064-A4 Point 1064-A3 does not limit section 918.
1
13 Point 1064-C1 (note)
2
Omit "Note", substitute "Note 1".
3
14 At the end of point 1064-C1
4
Add:
5
Note 2:
For certain persons, energy supplement is not to be so added: see point
6
1064-A3.
7
15 Point 1065-A1 (at the end of step 3 of the method
8
statement)
9
Add:
10
Note:
This step does not apply to certain persons: see point
11
1065-A2.
12
16 Section 1065 (at the end of Module A of the Pension Rate
13
Calculator B)
14
Add:
15
Energy supplement
16
1065-A2 Step 3 of the method statement in point 1065-A1 does not apply in
17
relation to a person on a day on or after the commencement of this
18
point unless the person is a transitional energy supplement person
19
on that day.
20
Note:
For transitional energy supplement person see section 22.
21
1065-A3 Point 1065-A2 does not limit section 918.
22
17 Point 1065-C1 (note)
23
Omit "Note", substitute "Note 1".
24
18 At the end of point 1065-C1
25
Add:
26
Note 2:
For certain persons, energy supplement is not to be so added: see point
27
1065-A2.
28
Schedule 1 Amendments
Part 1 Energy supplement under the social security law
10
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
No. , 2017
19 Point 1066-A1 (at the end of step 2 of the method
1
statement)
2
Add:
3
Note:
This step does not apply to certain persons: see point
4
1066-A3.
5
20 Section 1066 (at the end of Module A of the Pension Rate
6
Calculator C)
7
Add:
8
Energy supplement
9
1066-A3 Step 2 of the method statement in point 1066-A1 does not apply in
10
relation to a person on a day on or after the commencement of this
11
point unless the person is a transitional energy supplement person
12
on that day.
13
Note:
For transitional energy supplement person see section 22.
14
1066-A4 Point 1066-A3 does not limit section 918.
15
21 Point 1066-C1 (note)
16
Omit "Note", substitute "Note 1".
17
22 At the end of point 1066-C1
18
Add:
19
Note 2:
For certain persons, energy supplement is not to be so added: see point
20
1066-A3.
21
23 Point 1066A-A1 (at the end of step 1A of the method
22
statement)
23
Add:
24
Note:
This step does not apply to certain persons: see point
25
1066A-A3.
26
24 Section 1066A (at the end of Module A of the Pension Rate
27
Calculator D)
28
Add:
29
Amendments Schedule 1
Energy supplement under the social security law Part 1
No. , 2017
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
11
Energy supplement
1
1066A-A3 Step 1A of the method statement in point 1066A-A1 does not
2
apply in relation to a person on a day on or after the
3
commencement of this point unless the person is a transitional
4
energy supplement person on that day.
5
Note:
For transitional energy supplement person see section 22.
6
1066A-A4 Point 1066A-A3 does not limit section 918.
7
25 Point 1066A-BA1 (note)
8
Omit "Note", substitute "Note 1".
9
26 At the end of point 1066A-BA1
10
Add:
11
Note 2:
For certain persons, energy supplement is not to be so added: see point
12
1066A-A3.
13
27 Point 1066B-A1 (at the end of step 2A of the method
14
statement)
15
Add:
16
Note:
This step does not apply to certain persons: see point
17
1066B-A2.
18
28 Section 1066B (at the end of Module A of the Pension Rate
19
Calculator E)
20
Add:
21
Energy supplement
22
1066B-A2 Step 2A of the method statement in point 1066B-A1 does not apply
23
in relation to a person on a day on or after the commencement of
24
this point unless the person is a transitional energy supplement
25
person on that day.
26
Note:
For transitional energy supplement person see section 22.
27
1066B-A3 Point 1066B-A2 does not limit section 918.
28
Schedule 1 Amendments
Part 1 Energy supplement under the social security law
12
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
No. , 2017
29 Point 1066B-BA1 (note)
1
Omit "Note", substitute "Note 1".
2
30 At the end of point 1066B-BA1
3
Add:
4
Note 2:
For certain persons, energy supplement is not to be so added: see point
5
1066B-A2.
6
31 Point 1067G-A1 (at the end of step 1A of the method
7
statement)
8
Add:
9
Note:
This step does not apply to certain persons: see point
10
1067G-A2.
11
32 Section 1067G (at the end of Module A of the Youth
12
Allowance Rate Calculator)
13
Add:
14
Energy supplement
15
1067G-A2 Step 1A of the method statement in point 1067G-A1 does not
16
apply in relation to a person on a day on or after the
17
commencement of this point unless the person is a transitional
18
energy supplement person on that day.
19
Note:
For transitional energy supplement person see section 22.
20
1067G-A3 Point 1067G-A2 does not limit section 918.
21
33 Point 1067G-BA1 (note)
22
Omit "Note", substitute "Note 1".
23
34 At the end of point 1067G-BA1
24
Add:
25
Note 2:
For certain persons, energy supplement is not to be so added: see point
26
1067G-A2.
27
Amendments Schedule 1
Energy supplement under the social security law Part 1
No. , 2017
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
13
35 After point 1067G-H26B
1
Insert:
2
1067G-H26C If step 1A of the method statement in point 1067G-A1 does not
3
apply in relation to the person:
4
(a) if paragraph 1067G-H26(a) applies to the person's partner--
5
for the purposes of that paragraph, disregard step 1A of the
6
method statement in point 1067G-A1; or
7
(b) if paragraph 1067G-H26(b) applies to the person's partner--
8
for the purposes of that paragraph, disregard step 1B of the
9
method statement in point 1068-A1.
10
1067G-H26D If step 1A of the method statement in point 1067G-A1 applies
11
in relation to the person:
12
(a) if paragraph 1067G-H26(a) applies to the person's partner--
13
for the purposes of that paragraph, assume step 1A of the
14
method statement in point 1067G-A1 applies; or
15
(b) if paragraph 1067G-H26(b) applies to the person's partner--
16
for the purposes of that paragraph, assume step 1B of the
17
method statement in point 1068-A1 applies; or
18
(c) if paragraph 1067G-H26(c) applies to the person's partner
19
and, apart from this point, the energy supplement Module of
20
the Rate Calculator used to calculate the partner's social
21
security benefit would not apply--for the purposes of that
22
paragraph, assume that Module applies.
23
36 Point 1067L-A1 (at the end of step 1B of the method
24
statement)
25
Add:
26
Note:
This step does not apply to certain persons: see point
27
1067L-A2.
28
37 Section 1067L (at the end of Module A of the Austudy
29
Payment Rate Calculator)
30
Add:
31
Schedule 1 Amendments
Part 1 Energy supplement under the social security law
14
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
No. , 2017
Energy supplement
1
1067L-A2 Step 1B of the method statement in point 1067L-A1 does not apply
2
in relation to a person on a day on or after the commencement of
3
this point unless the person is a transitional energy supplement
4
person on that day.
5
Note:
For transitional energy supplement person see section 22.
6
1067L-A3 Point 1067L-A2 does not limit section 918.
7
38 Point 1067L-BB1 (note)
8
Omit "Note", substitute "Note 1".
9
39 At the end of point 1067L-BB1
10
Add:
11
Note 2:
For certain persons, energy supplement is not to be so added: see point
12
1067L-A2.
13
40 After point 1067L-D25B
14
Insert:
15
1067L-D25C
If step 1B of the method statement in point 1067L-A1 does not
16
apply in relation to the person:
17
(a) if paragraph 1067L-D25(a) applies to the person's partner--
18
for the purposes of that paragraph, disregard step 1A of the
19
method statement in point 1067G-A1; or
20
(b) if paragraph 1067L-D25(b) applies to the person's partner--
21
for the purposes of that paragraph, disregard step 1B of the
22
method statement in point 1068-A1.
23
1067L-D25D
If step 1B of the method statement in point 1067L-A1 applies
24
in relation to the person:
25
(a) if paragraph 1067L-D25(a) applies to the person's partner--
26
for the purposes of that paragraph, assume step 1A of the
27
method statement in point 1067G-A1 applies; or
28
(b) if paragraph 1067L-D25(b) applies to the person's partner--
29
for the purposes of that paragraph, assume step 1B of the
30
method statement in point 1068-A1 applies; or
31
(c) if paragraph 1067L-D25(c) applies to the person's partner
32
and, apart from this point, the energy supplement Module of
33
Amendments Schedule 1
Energy supplement under the social security law Part 1
No. , 2017
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
15
the Rate Calculator used to calculate the partner's social
1
security benefit would not apply--for the purposes of that
2
paragraph, assume that Module applies.
3
41 Point 1068-A1 (at the end of step 1B of the method
4
statement)
5
Add:
6
Note:
This step does not apply to certain persons: see point
7
1068-A2.
8
42 Section 1068 (at the end of Module A of the Benefit Rate
9
Calculator B)
10
Add:
11
Energy supplement
12
1068-A2 Step 1B of the method statement in point 1068-A1 does not apply
13
in relation to a person on a day on or after the commencement of
14
this point unless the person is a transitional energy supplement
15
person on that day.
16
Note:
For transitional energy supplement person see section 22.
17
1068-A3 Point 1068-A2 does not limit section 918.
18
43 Point 1068-C1 (note)
19
Omit "Note", substitute "Note 1".
20
44 At the end of point 1068-C1
21
Add:
22
Note 2:
For certain persons, energy supplement is not to be so added: see point
23
1068-A2.
24
45 After point 1068-G9B
25
Insert:
26
1068-G9C If step 1B of the method statement in point 1068-A1 does not apply
27
in relation to the person:
28
Schedule 1 Amendments
Part 1 Energy supplement under the social security law
16
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
No. , 2017
(a) if paragraph 1068-G9(a) applies to the person's partner--for
1
the purposes of that paragraph, disregard step 1A of the
2
method statement in point 1067G-A1; or
3
(b) if paragraph 1068-G9(b) applies to the person's partner--for
4
the purposes of that paragraph, disregard step 1B of the
5
method statement in point 1068-A1.
6
1068-G9D If step 1B of the method statement in point 1068-A1 applies in
7
relation to the person:
8
(a) if paragraph 1068-G9(a) applies to the person's partner--for
9
the purposes of that paragraph, assume step 1A of the method
10
statement in point 1067G-A1 applies; or
11
(b) if paragraph 1068-G9(b) applies to the person's partner--for
12
the purposes of that paragraph, assume step 1B of the method
13
statement in point 1068-A1 applies; or
14
(c) if paragraph 1068-G9(c) applies to the person's partner and,
15
apart from this point, the energy supplement Module of the
16
Rate Calculator used to calculate the partner's social security
17
benefit would not apply--for the purposes of that paragraph,
18
assume that Module applies.
19
46 Point 1068A-A1 (at the end of step 1B of the method
20
statement)
21
Add:
22
Note:
This step does not apply to certain persons: see point
23
1068A-A2.
24
47 Section 1068A (at the end of Module A of the Pension PP
25
(Single) Rate Calculator)
26
Add:
27
Energy supplement
28
1068A-A2 Step 1B of the method statement in point 1068A-A1 does not apply
29
in relation to a person on a day on or after the commencement of
30
this point unless the person is a transitional energy supplement
31
person on that day.
32
Note:
For transitional energy supplement person see section 22.
33
Amendments Schedule 1
Energy supplement under the social security law Part 1
No. , 2017
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
17
1068A-A3 Point 1068A-A2 does not limit section 918.
1
48 Point 1068A-BB1 (note)
2
Omit "Note", substitute "Note 1".
3
49 At the end of point 1068A-BB1
4
Add:
5
Note 2:
For certain persons, energy supplement is not to be so added: see point
6
1068A-A2.
7
50 Point 1068B-A2 (at the end of step 2B of the method
8
statement)
9
Add:
10
Note:
This step does not apply to certain persons: see point
11
1068B-A4.
12
51 Point 1068B-A3 (at the end of step 2B of the method
13
statement)
14
Add:
15
Note:
This step does not apply to certain persons: see point
16
1068B-A4.
17
52 Section 1068B (at the end of Module A of the Benefit PP
18
(Partnered) Rate Calculator)
19
Add:
20
Energy supplement
21
1068B-A4 Step 2B of the method statement in point 1068B-A2 or 1068B-A3
22
does not apply in relation to a person on a day on or after the
23
commencement of this point unless the person is a transitional
24
energy supplement person on that day.
25
Note:
For transitional energy supplement person see section 22.
26
1068B-A5 Point 1068B-A4 does not limit section 918.
27
Schedule 1 Amendments
Part 1 Energy supplement under the social security law
18
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
No. , 2017
53 After point 1068B-D22B
1
Insert:
2
1068B-D22C
If step 2B of the method statement in point 1068B-A2 or
3
1068B-A3 does not apply in relation to the person:
4
(a) if paragraph 1068B-D22(a) applies to the person's partner--
5
for the purposes of that paragraph, disregard step 1A of the
6
method statement in point 1067G-A1; or
7
(b) if paragraph 1068B-D22(b) applies to the person's partner--
8
for the purposes of that paragraph, disregard step 1B of the
9
method statement in point 1068-A1.
10
1068B-D22D If step 2B of the method statement in point 1068B-A2 or
11
1068B-A3 applies in relation to the person:
12
(a) if paragraph 1068B-D22(a) applies to the person's partner--
13
for the purposes of that paragraph, assume step 1A of the
14
method statement in point 1067G-A1 applies; or
15
(b) if paragraph 1068B-D22(b) applies to the person's partner--
16
for the purposes of that paragraph, assume step 1B of the
17
method statement in point 1068-A1 applies; or
18
(c) if paragraph 1068B-D22(c) applies to the person's partner
19
and, apart from this point, the energy supplement Module of
20
the Rate Calculator used to calculate the partner's social
21
security benefit would not apply--for the purposes of that
22
paragraph, assume that Module applies.
23
54 Point 1068B-DB1 (note)
24
Omit "Note", substitute "Note 1".
25
55 At the end of point 1068B-DB1
26
Add:
27
Note 2:
For certain persons, energy supplement is not to be so added: see point
28
1068B-A4.
29
56 Point 1071A-2A
30
Repeal the point, substitute:
31
Amendments Schedule 1
Energy supplement under the social security law Part 1
No. , 2017
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
19
Working out allowable income
1
1071A-2A For the purposes of step 2 of the method statement in point
2
1071A-1 or 1071A-2, disregard steps 1A, 1B, 2 and 3 of the
3
method statement in point 1068-A1.
4
57 Application provision
5
The repeal and substitution of point 1071A-2A of the Social Security
6
Act 1991 made by this Part applies in relation to working out if a person
7
is qualified for a health care card on a day on or after the
8
commencement of this item (whether or not the person held such a card
9
immediately before that commencement).
10
Schedule 1 Amendments
Part 2 Energy supplement under the Farm Household Support Act
20
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
No. , 2017
Part 2--Energy supplement under the Farm
1
Household Support Act
2
Farm Household Support Act 2014
3
58 At the end of section 58 (before the note)
4
Add:
5
Note 1:
Energy supplement does not apply to certain persons: see point
6
1068-A2 of the Social Security Act.
7
59 Section 58 (note)
8
Omit "Note", substitute "Note 2".
9
60 At the end of section 62 (before the note)
10
Add:
11
Note 1:
Energy supplement does not apply to certain persons: see point
12
1067G-A2 of the Social Security Act.
13
61 Section 62 (note)
14
Omit "Note", substitute "Note 2".
15
Amendments Schedule 1
Energy supplement under the Veterans' Entitlements Act Part 3
No. , 2017
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
21
Part 3--Energy supplement under the Veterans'
1
Entitlements Act
2
Veterans' Entitlements Act 1986
3
62 Paragraph 59Q(7)(b) (formula)
4
Repeal the formula, substitute:
5
52
Compensation part of lump sum
Ordinary
Maximum
Point SCH6-BA3
2
free area
basic rate
amount
limit
6
63 Paragraph 59Q(7)(b) (definition of point SCH6-BB3
7
amount)
8
Repeal the definition.
9
64 Application provision
10
The amendments of paragraph 59Q(7)(b) of the Veterans' Entitlements
11
Act 1986 made by this Part apply in relation to lump sum preclusion
12
periods beginning on or after the commencement of this item.
13
65 Subsection 62A(1) (note)
14
Omit "Note", substitute "Note 1".
15
66 At the end of subsection 62A(1)
16
Add:
17
Note 2:
Subsection (4) sets out a limitation on subsection (1) applying.
18
67 At the end of section 62A
19
Add:
20
Limitation
21
(4) Subsection (1) applies to a person on a day on or after the
22
commencement of this subsection only if the person is a
23
transitional energy supplement person on that day.
24
Schedule 1 Amendments
Part 3 Energy supplement under the Veterans' Entitlements Act
22
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
No. , 2017
Note:
For subsection (1) to apply to the person on a day, the person needs to
1
satisfy paragraphs (1)(a) to (d) on that day.
2
(5) For the purposes of this section, a person becomes a transitional
3
energy supplement person on 19 September 2016 if on that day:
4
(a) paragraphs (1)(a) to (d) applied in relation to the person; or
5
(b) subsection 83A(1) of the Military Rehabilitation and
6
Compensation Act 2004 applied in relation to the person; or
7
(c) subsection 209A(1) of the Military Rehabilitation and
8
Compensation Act 2004 applied in relation to the person.
9
(6) For the purposes of this section, a person ceases to be a
10
transitional energy supplement person on a day on or after
11
20 September 2016 (and can never again become a transitional
12
energy supplement person) if none of paragraphs (5)(a) to (c) apply
13
to the person on that day.
14
68 Subsection 62B(1) (note)
15
Omit "Note", substitute "Note 1".
16
69 At the end of subsection 62B(1)
17
Add:
18
Note 2:
Subsection (4) sets out a limitation on subsection (1) applying.
19
70 At the end of section 62B
20
Add:
21
Limitation
22
(4) Subsection (1) applies to a person on a day on or after the
23
commencement of this subsection only if the person is a
24
transitional energy supplement person (within the meaning of the
25
Social Security Act 1991) on that day.
26
Note:
For subsection (1) to apply to the person on a day, the person needs to
27
satisfy paragraphs (1)(a) to (d) on that day.
28
71 At the end of subsection 62D(1)
29
Add:
30
Note 3:
Sections 62A and 62B do not apply to certain persons: see
31
subsections 62A(4) and 62B(4).
32
Amendments Schedule 1
Energy supplement under the Veterans' Entitlements Act Part 3
No. , 2017
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
23
72 At the end of subsection 62E(1) (before the note)
1
Add ", but only if energy supplement is used to work out the rate of that
2
service pension on that day".
3
73 Paragraph 62E(6)(a)
4
Repeal the paragraph, substitute:
5
(a) quarterly energy supplement for service pension that a person
6
is receiving is payable to the person for a day; and
7
74 Paragraph 62E(6)(c)
8
After "paragraph 4(5)(a)", insert "of Schedule 6".
9
75 Application provision
10
The amendments of section 62E of the Veterans' Entitlements Act 1986
11
made by this Part apply in relation to working out whether quarterly
12
energy supplement is payable to a person for a day on or after the
13
commencement of this item.
14
76 After subsection 118P(2)
15
Insert:
16
(2A) Subject to subsection (2C), subsection (2) applies to a person on or
17
after the commencement of this subsection only if, on
18
19 September 2016, energy supplement was payable to the person
19
under section 118PA.
20
Note:
For subsection (2) to apply to the person on a day on or after that
21
commencement, the person needs to satisfy paragraphs (2)(a) to (d) on
22
that day.
23
(2B) Subject to subsection (2C), if:
24
(a) energy supplement was payable to a person under
25
section 118PA on 19 September 2016; and
26
(b) energy supplement ceases to be payable to the person under
27
that section on or after 20 September 2016;
28
then subsection (2) of this section does not apply, and never again
29
applies, to the person from:
30
(c) if the cessation occurred before the commencement of this
31
subsection--the start of the day this subsection commences;
32
or
33
Schedule 1 Amendments
Part 3 Energy supplement under the Veterans' Entitlements Act
24
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
No. , 2017
(d) if the cessation occurred on or after the commencement of
1
this subsection--the start of the day of that cessation.
2
(2C) If:
3
(a) on 19 September 2016 a person was receiving an income
4
support payment (within the meaning of the Social Security
5
Act 1991) where energy supplement was used to work out the
6
rate of that payment; and
7
(b) on a day (the cessation day) on or after the commencement
8
of this subsection the person ceases to be in receipt of any
9
income support payment (within the meaning of the Social
10
Security Act 1991); and
11
(c) on the day before the cessation day the person was receiving
12
an income support payment (within the meaning of the Social
13
Security Act 1991) where energy supplement was used to
14
work out the rate of that payment; and
15
(d) the person is the holder of a gold card on the cessation day;
16
the person can become eligible for energy supplement under
17
subsection (2) because of being the holder of that card.
18
77 Subclause 4(1) of Schedule 6 (note 1)
19
Omit "an election by the person under subsection 60A(1) is in force",
20
substitute "quarterly energy supplement for service pension is payable
21
to the person".
22
78 Paragraph 4(5)(b) of Schedule 6
23
Repeal the paragraph, substitute:
24
(b) quarterly energy supplement for service pension is payable to
25
the person;
26
79 Subclause 4(5) of Schedule 6
27
Omit "were the election not in force", substitute "were quarterly energy
28
supplement for service pension not payable to the person".
29
80 Subclause 4(5) of Schedule 6 (note)
30
Repeal the note, substitute:
31
Note:
Subsection 62E(6) sets out when a reduction in the instalment of the
32
person's quarterly energy supplement is not to occur.
33
Amendments Schedule 1
Energy supplement under the Veterans' Entitlements Act Part 3
No. , 2017
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
25
81 Subpoint SCH6-A1(2) of Schedule 6 (at the end of step 1B
1
of the method statement)
2
Add:
3
Note:
This step does not apply to certain persons: see point
4
SCH6-A10. Section 65A may also affect whether the
5
amount obtained in this step is added.
6
82 Subpoint SCH6-A1(2) of Schedule 6 (note at the end of
7
step 4 of the method statement)
8
Repeal the note.
9
83 Subpoint SCH6-A1(3) of Schedule 6 (at the end of step 2B
10
of the method statement)
11
Add:
12
Note:
This step does not apply to certain persons: see point
13
SCH6-A10. Section 65A may also affect whether the
14
amount obtained in this step is added.
15
84 Subpoint SCH6-A1(3) of Schedule 6 (note at the end of
16
step 4 of the method statement)
17
Repeal the note.
18
85 Part 2 of Schedule 6 (at the end of Module A of the Rate
19
Calculator)
20
Add:
21
Energy supplement
22
SCH6-A10 Step 1B of the method statement in subpoint SCH6-A1(2), or step
23
2B of the method statement in subpoint SCH6-A1(3), does not
24
apply in relation to a person on a day on or after the
25
commencement of this point unless the person is a transitional
26
energy supplement person (within the meaning of the Social
27
Security Act 1991) on that day.
28
SCH6-A11 Point SCH6-A10 does not limit section 65A.
29
Schedule 1 Amendments
Part 3 Energy supplement under the Veterans' Entitlements Act
26
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
No. , 2017
86 Point SCH6-BB1 of Schedule 6 (note)
1
Omit "Note", substitute "Note 1".
2
87 At the end of point SCH6-BB1 of Schedule 6
3
Add:
4
Note 2:
For certain persons, energy supplement is not to be so added: see point
5
SCH6-A10.
6
Amendments Schedule 1
Energy supplement under the Military Rehabilitation and Compensation Act Part 4
No. , 2017
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
27
Part 4--Energy supplement under the Military
1
Rehabilitation and Compensation Act
2
Military Rehabilitation and Compensation Act 2004
3
88 Subsection 83A(1) (note)
4
Omit "Section 424L may affect", substitute "Subsection (4) sets out a
5
limitation on subsection (1) applying. Section 424L may also affect".
6
89 At the end of section 83A
7
Add:
8
Limitation
9
(4) Subsection (1) applies to a person on a day on or after the
10
commencement of this subsection only if the person is a
11
transitional energy supplement person on that day.
12
Note:
For subsection (1) to apply to the person on a day, the person needs to
13
satisfy paragraphs (1)(a), (b) and (c) on that day.
14
(5) For the purposes of this section, a person becomes a transitional
15
energy supplement person on 19 September 2016 if on that day:
16
(a) paragraphs (1)(a), (b) and (c) applied in relation to the
17
person; or
18
(b) subsection 209A(1) applied in relation to the person; or
19
(c) subsection 62A(2) of the Veterans' Entitlements Act 1986
20
applied in relation to the person.
21
(6) For the purposes of this section, a person ceases to be a
22
transitional energy supplement person on a day on or after
23
20 September 2016 (and can never again become a transitional
24
energy supplement person) if none of paragraphs (5)(a) to (c) apply
25
to the person on that day.
26
90 Subsection 209A(1) (note)
27
Omit "Section 424L may affect", substitute "Subsection (3) sets out a
28
limitation on subsection (1) applying. Section 424L may also affect".
29
Schedule 1 Amendments
Part 4 Energy supplement under the Military Rehabilitation and Compensation Act
28
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
No. , 2017
91 At the end of section 209A
1
Add:
2
Limitation
3
(3) Subsection (1) applies to a person on a day on or after the
4
commencement of this subsection only if the person is a
5
transitional energy supplement person on that day.
6
Note:
For subsection (1) to apply to the person on a day, the person needs to
7
satisfy paragraphs (1)(a), (b) and (c) on that day.
8
(4) For the purposes of this section, a person becomes a transitional
9
energy supplement person on 19 September 2016 if on that day:
10
(a) paragraphs (1)(a), (b) and (c) applied in relation to the
11
person; or
12
(b) subsection 83A(1) applied in relation to the person; or
13
(c) subsection 62A(2) of the Veterans' Entitlements Act 1986
14
applied in relation to the person.
15
(5) For the purposes of this section, a person ceases to be a
16
transitional energy supplement person on a day on or after
17
20 September 2016 (and can never again become a transitional
18
energy supplement person) if none of paragraphs (4)(a) to (c) apply
19
to the person on that day.
20
92 Subsection 238A(1) (note)
21
Omit "Section 424L may affect", substitute "Subsection (4) sets out a
22
limitation on subsection (1) applying. Section 424L may also affect".
23
93 At the end of section 238A
24
Add:
25
Limitation
26
(4) Subsection (1) applies to a person on a day on or after the
27
commencement of this subsection only if the person is a
28
transitional energy supplement person (within the meaning of the
29
Social Security Act 1991) on that day.
30
Note:
For subsection (1) to apply to the person on a day, the person needs to
31
satisfy paragraphs (1)(a), (b) and (c) on that day.
32
Amendments Schedule 1
Other amendments Part 5
No. , 2017
Social Services Legislation Amendment (Ending Carbon Tax
Compensation) Bill 2017
29
Part 5--Other amendments
1
Budget Savings (Omnibus) Act 2016
2
94 At the end of item 38 of Schedule 21
3
Add:
4
; and (i) for the purposes of section 22 of the Social Security Act
5
1991, paragraph 22(1)(a) of that Act is taken to apply to the
6
person on each day that occurs in the period beginning on
7
19 September 2016 and ending at the end of the day before
8
the person became the holder of the seniors health card.
9
95 At the end of item 107 of Schedule 21
10
Add:
11
; and (i) for the purposes of section 22 of the Social Security Act
12
1991, paragraph 22(1)(a) of that Act is taken to apply to the
13
person on each day that occurs in the period beginning on
14
19 September 2016 and ending at the end of the day before
15
the person became the holder of the seniors health card.
16
Veterans' Entitlements Act 1986
17
96 Paragraph 118P(4)(d)
18
After "seniors health card", insert "or a gold card".
19