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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Legislation Amendment
(Public Housing Tenants' Support) Bill
2013
No. , 2013
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend the social security law
and the family assistance law, and for related
purposes
i Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013 No.
, 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Part 1--Social Security (Administration) Act 1999
3
Part 2--A New Tax System (Family Assistance)
(Administration) Act 1999
16
Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013 No. ,
2013 1
A Bill for an Act to amend the social security law
1
and the family assistance law, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Social Security Legislation
6
Amendment (Public Housing Tenants' Support) Act 2013.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
2 Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013
No. , 2013
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Amendments Schedule 1
Social Security (Administration) Act 1999 Part 1
Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013 No. ,
2013 3
Schedule 1
--
Amendments
1
Part 1
--
Social Security (Administration) Act 1999
2
1 Paragraph 60(2)(a)
3
Omit "and 238", substitute ", 238 and 238A".
4
2 After paragraph 60(2)(aa)
5
Insert:
6
(ab) Schedule 6 to this Act; and
7
3 Paragraph 123TH(1)(h)
8
Repeal the paragraph, substitute:
9
(h) household utilities;
10
4 After subsection 123YA(2)
11
Insert:
12
(2A) For the purposes of subsection (2), if:
13
(a) there is in force a request by a public housing lessor:
14
(i) under Schedule 6 to this Act for a deduction from a
15
divertible welfare payment to the first person; or
16
(ii) under Schedule 1 to the Family Assistance
17
Administration Act for a deduction from a payment of
18
family tax benefit payable to the first person; and
19
(b) because of the request, the Secretary would make such a
20
deduction under the relevant Schedule were the first person
21
not subject to income management;
22
it is appropriate for the Secretary to take action under Subdivision
23
B of this Division to facilitate payment to the lessor of an amount,
24
not greater than the deduction the Secretary would make, to meet
25
the first person's unmet priority need of housing indicated by the
26
request.
27
5 After section 238
28
Insert:
29
Schedule 1 Amendments
Part 1 Social Security (Administration) Act 1999
4 Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013
No. , 2013
238A Deductions and payments to public housing lessors
1
Schedule 6 has effect.
2
6 Subclause 1(1) of Schedule 1
3
Insert:
4
divertible welfare payment has the meaning given by clause 2 of
5
Schedule 6.
6
7 Subclause 1(1) of Schedule 1
7
Insert:
8
household utilities includes:
9
(a) electricity; and
10
(b) gas; and
11
(c) water; and
12
(d) sewerage; and
13
(e) garbage collection; and
14
(f) fixed-line telephone.
15
8 Subclause 1(1) of Schedule 1
16
Insert:
17
public housing lessor has the meaning given by clause 3 of
18
Schedule 6.
19
9 At the end of the Act
20
Add:
21
Schedule 6--Deductions for payment for
22
public housing
23
Note:
See section 238A.
24
Amendments Schedule 1
Social Security (Administration) Act 1999 Part 1
Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013 No. ,
2013 5
Part 1--Introduction
1
2
1 Objects of this Schedule
3
(1) The main object of this Schedule is to reduce the risk of persons
4
who receive certain welfare payments and lease public housing
5
becoming homeless because they are evicted from or abandon that
6
housing for failure to make payments required by their leases.
7
(2) This Schedule seeks to achieve this object by providing for
8
deductions to be made from the welfare payments and paid to
9
lessors after they have taken other reasonable action (consistent
10
with fair processes for managing public housing) to recover arrears
11
for rent or household utilities.
12
2 What is a divertible welfare payment?
13
(1) A divertible welfare payment is a payment that:
14
(a) is payable (except as an advance) to a particular person at a
15
particular time; and
16
(b) is of a kind specified under subclause (2).
17
(2) The Minister may by legislative instrument specify one or more of
18
the following for the purposes of paragraph (1)(b):
19
(a) one or more kinds of social security benefit;
20
(b) one or more kinds of social security pension;
21
(c) one or more kinds of social security periodic payment that
22
are neither a social security benefit nor a social security
23
pension;
24
(d) one or more kinds of payment under the scheme known as
25
the ABSTUDY scheme that include an amount identified as
26
living allowance.
27
3 What is a public housing lessor?
28
(1) A public housing lessor is a person or authority specified under
29
subclause (2).
30
Note:
A State or Territory is a person: see section 2C of the Acts
31
Interpretation Act 1901.
32
Schedule 1 Amendments
Part 1 Social Security (Administration) Act 1999
6 Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013
No. , 2013
(2) The Minister may by legislative instrument specify any of the
1
following as a public housing lessor:
2
(a) a State or Territory;
3
(b) an authority of a State or Territory;
4
(c) a person.
5
(3) The Minister may specify a person (including a State or Territory)
6
or authority under subclause (2) only if the Minister is satisfied
7
that:
8
(a) there is an appropriate process for reviewing decisions made
9
by the person or authority, or by an officer or employee of
10
the person or authority, relating to amounts due and payable,
11
under leases of accommodation by the person or authority to
12
other persons, for rent or household utilities; and
13
(b) the person or authority has appropriate processes that the
14
person or authority, and officers and employees of the person
15
or authority, follow in dealing with matters relating to leases
16
of accommodation by the person or authority to other
17
persons.
18
(4) In deciding whether the Minister is satisfied as mentioned in
19
paragraph (3)(a), the Minister must have regard to the following:
20
(a) the cost of the review process to applicants;
21
(b) the timeliness of the review process;
22
(c) whether the review process provides that applicants are
23
entitled to be represented and heard;
24
(d) the degree of independence of the review process;
25
(e) whether the review process provides for the use of the
26
services of an interpreter.
27
(5) In deciding whether the Minister is satisfied as mentioned in
28
paragraph (3)(b), the Minister must have regard to the following:
29
(a) the transparency of the processes for making decisions on the
30
matters mentioned in paragraph (3)(b);
31
(b) the extent to which those processes provide for lessees'
32
individual circumstances to be taken into account in making
33
such decisions;
34
(c) the processes for informing lessees under leases described in
35
paragraph (3)(b) of their rights and responsibilities and of
36
Amendments Schedule 1
Social Security (Administration) Act 1999 Part 1
Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013 No. ,
2013 7
services available to support them in dealing with matters
1
relating to the leases;
2
(d) the processes for taking reasonable action to recover amounts
3
due and payable under leases described in paragraph (3)(b).
4
(6) Subclauses (4) and (5) do not limit the matters to which the
5
Minister may have regard.
6
Note:
The Minister may revoke a legislative instrument specifying a person
7
or authority as a public housing lessor if the Minister ceases to be
8
satisfied of the matters in subclause (3): see subsections 33(3) and
9
(3AA) of the Acts Interpretation Act 1901.
10
4 This Schedule binds the Crown
11
This Schedule binds the Crown in each of its capacities.
12
Part 2--Deductions from divertible welfare
13
payments
14
15
5 Request by public housing lessor for deduction
16
(1) A public housing lessor may request the Secretary to make a
17
deduction from a divertible welfare payment payable to a person
18
who, under a written lease, leases accommodation for the person
19
from the lessor, if:
20
(a) both conditions in clause 6 are met; or
21
(b) both conditions in clause 7 are met.
22
(2) For the purposes of subclause (1), it does not matter:
23
(a) whether the lease was entered into before, on or after the
24
commencement of this clause; or
25
(b) whether the person is the only lessee or a joint lessee of the
26
accommodation; or
27
(c) whether or not the accommodation is also accommodation
28
for others.
29
Schedule 1 Amendments
Part 1 Social Security (Administration) Act 1999
8 Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013
No. , 2013
Content of request
1
(3) The request must specify the maximum amount to be deducted
2
from the divertible welfare payment. That amount must not be
3
more than:
4
(a) if the request is made because the conditions in clause 6 are
5
met--the amount described in subclause 6(1); or
6
(b) if the request is made because the conditions in clause 7 are
7
met--the amount that is payable under the lease for rent and
8
household utilities for the period to which the divertible
9
welfare payment relates.
10
(4) The public housing lessor may amend the request to specify a
11
different maximum amount to be deducted from the divertible
12
welfare payment if:
13
(a) after the request was made, the rate at which amounts are
14
payable under the lease for rent and household utilities
15
changes; and
16
(b) before making the amendment, the lessor:
17
(i) has taken reasonable action to inform the person that the
18
lessor proposes to amend the specification in one or
19
more requests of the maximum amount to be deducted;
20
and
21
(ii) has given the person a reasonable opportunity to make
22
representations to the lessor about the proposal.
23
Way of giving requests and amendments
24
(5) To be effective, the request, and any amendment of the request,
25
must be given to the Secretary in a way approved by the Secretary.
26
The Secretary may approve a way of giving requests and the same
27
or a different way of giving amendments.
28
Combining requests or amendments
29
(6) To avoid doubt:
30
(a) 2 or more requests relating to different divertible welfare
31
payments payable to the person may be given to the
32
Secretary at the same time, in the same communication; and
33
(b) 2 or more amendments of different requests relating to the
34
person may be given to the Secretary at the same time, in the
35
same communication.
36
Amendments Schedule 1
Social Security (Administration) Act 1999 Part 1
Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013 No. ,
2013 9
6 Request because of amount unpaid for rent or utilities
1
(1) The first condition for making a request is that, under the lease,
2
there is due and payable by the person to the public housing lessor
3
an amount that:
4
(a) is only for rent and/or household utilities; and
5
(b) exceeds the minimum prescribed for the person under
6
subclause (2).
7
(2) The Minister may by legislative instrument prescribe minima for
8
persons for the purposes of paragraph (1)(b). The instrument may
9
prescribe a minimum either by specifying it or by specifying a
10
method for working it out.
11
Note:
The instrument may specify different minima for different classes of
12
persons: see subsection 33(3A) of the Acts Interpretation Act 1901.
13
(3) The second condition is that the public housing lessor has taken
14
reasonable action to recover the amount described in subclause (1).
15
(4) For the purposes of subclause (3), a public housing lessor is taken
16
not to have taken reasonable action to recover the amount
17
described in subclause (1) unless:
18
(a) the lessor has given the person written notice demanding
19
payment of some or all of the amount within a specified
20
period that is reasonable; and
21
(b) that period has passed without the demand being met; and
22
(c) the lessor has taken reasonable action to inform the person
23
of:
24
(i) financial counselling services, and other services
25
relating to the lease, that are or may be available to the
26
person; and
27
(ii) the person's rights to review of decisions of the lessor or
28
its officers or employees relating to amounts due and
29
payable under the lease; and
30
(d) the lessor:
31
(i) has taken reasonable action to inform the person that the
32
lessor proposes to make one or more requests under
33
clause 5 because of the amount; and
34
(ii) has given the person a reasonable opportunity to make
35
representations to the lessor about the proposal.
36
Schedule 1 Amendments
Part 1 Social Security (Administration) Act 1999
10 Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013
No. , 2013
Note:
Even if the conditions in paragraphs (4)(a) to (d) are all met, it may in
1
some cases be necessary for something more to have been done before
2
it is true to say that the lessor has taken reasonable action to recover
3
the amount described in subclause (1).
4
7 Request after arrears for rent and utilities have been paid
5
(1) The first condition is that the public housing lessor:
6
(a) has taken reasonable action to inform the person that the
7
lessor proposes to make one or more requests under clause 5
8
because of this clause; and
9
(b) has given the person a reasonable opportunity to make
10
representations to the lessor about the proposal.
11
(2) The second condition is that the request is made at the time the
12
public housing lessor gives a notice under subclause 10(4) to the
13
Secretary of the happening and time of an event that:
14
(a) is described in paragraph 10(1)(d); and
15
(b) caused another request made by the public housing lessor in
16
relation to the person to cease to be in force.
17
Note:
Under paragraph 10(1)(d), a request made because more than the
18
minimum amount for rent and/or household utilities was due and
19
payable by the person to the lessor ceases to be in force when no
20
amount for rent or household utilities is due and payable by the person
21
to the lessor.
22
8 Making a deduction as requested
23
(1) The Secretary may make a deduction, from a divertible welfare
24
payment payable to a person, in accordance with a request that the
25
Secretary is satisfied has been made, and is in force, under this
26
Part.
27
Note:
Clause 10 explains when a request made under clause 5 ceases to be in
28
force.
29
When a deduction must not be made
30
(2) However, the Secretary must not make a deduction if the person:
31
(a) is subject to the income management regime (within the
32
meaning of section 123TC); or
33
(b) is covered by a determination under subclause (3).
34
Note:
Even though the Secretary must not make a deduction if the person is
35
subject to the income management regime, the request for the
36
Amendments Schedule 1
Social Security (Administration) Act 1999 Part 1
Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013 No. ,
2013 11
deduction may affect what the Secretary does under that regime in
1
relation to the person: see subsection 123YA(2).
2
(3) The Minister may by legislative instrument determine that
3
deductions must not be made from divertible welfare payments
4
payable to specified persons.
5
Note:
For specification by class, see subsection 13(3) of the Legislative
6
Instruments Act 2003.
7
Notifying when a deduction is not made
8
(4) If the Secretary does not make a deduction in accordance with a
9
request made by a public housing lessor, the Secretary may notify
10
the lessor of that fact.
11
9 Maximum amount of deduction
12
(1) The amount the Secretary may deduct, from a divertible welfare
13
payment payable to a person, in accordance with a request cannot
14
exceed:
15
(a) the amount specified in the request as the maximum amount
16
to be deducted from the payment; or
17
(b) the amount of the payment apart from this Schedule; or
18
(c) 35% of what would be the amount of the payment apart from
19
any law of the Commonwealth (including this Schedule) that
20
provides for a deduction from the payment, except:
21
(i) Division 3A of Part 3 of this Act; and
22
(ii) section 1231 of the 1991 Act; or
23
(d) if the divertible welfare payment is a kind of payment under
24
the scheme known as the ABSTUDY scheme that includes an
25
amount identified as living allowance--35% of what is
26
known as the basic component of that allowance.
27
(2) To reduce the amounts of divertible welfare payments for the
28
purposes of paragraph (1)(c), the Minister may by legislative
29
instrument specify provisions of the social security law that are to
30
be disregarded for the purposes of that paragraph. The instrument
31
has effect according to its terms.
32
Schedule 1 Amendments
Part 1 Social Security (Administration) Act 1999
12 Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013
No. , 2013
10 When a request for a deduction ceases to be in force
1
When a request ceases to be in force
2
(1) A request under subclause 5(1) for a deduction from any divertible
3
welfare payment payable to a person ceases to be in force when
4
one of the following events happens:
5
(a) the request is revoked;
6
(b) the person ceases to lease accommodation for the person
7
from the public housing lessor;
8
(c) the lessor of accommodation for the person ceases to be a
9
public housing lessor;
10
(d) if the request was made because the conditions in clause 6
11
were met--no amount is due and payable by the person to the
12
public housing lessor under the lease for rent or household
13
utilities;
14
(e) if the request was made because the conditions in clause 7
15
were met--the 12 months beginning on the day the request
16
was given to the Secretary end.
17
Revoking a request
18
(2) The public housing lessor may revoke the request by giving notice
19
of the revocation to the Secretary in a way approved by the
20
Secretary.
21
(3) To avoid doubt, notice of revocation of 2 or more requests relating
22
to different divertible welfare payments payable to a person may be
23
given to the Secretary at the same time, in the same
24
communication.
25
Notice of circumstances causing request to cease to be in force
26
(4) If an event described in paragraph (1)(b) or (d) happens and causes
27
a request to cease to be in force, the public housing lessor must as
28
soon as practicable give notice to the Secretary, in a way approved
29
by the Secretary, of the happening and time of the event.
30
Amendments Schedule 1
Social Security (Administration) Act 1999 Part 1
Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013 No. ,
2013 13
Part 3--Treatment of amounts deducted
1
2
11 Application
3
This Part applies if under Part 2 an amount is deducted, from a
4
divertible welfare payment payable to a person, in accordance with
5
a request made by a public housing lessor.
6
12 Secretary must pay amount to public housing lessor
7
The Secretary must pay the amount to the public housing lessor.
8
13 Person's liability to public housing lessor reduced
9
(1) If the amount is paid to the public housing lessor, the person's
10
liability to the public housing lessor is reduced by that amount.
11
(2) This clause applies to a liability under a lease even if the amount of
12
the liability is not yet due and payable.
13
14 Person taken to be paid amount deducted
14
(1) The person is taken to be paid the amount deducted, at the time of
15
the divertible welfare payment.
16
(2) Subclause (1) has effect for the purposes of all laws of the
17
Commonwealth except any law of the Commonwealth specified by
18
the Minister by legislative instrument for the purposes of this
19
subclause.
20
(3) To avoid doubt, subclause (1) has effect whether or not the amount
21
was paid to the public housing lessor.
22
Part 4--Overpayments to public housing lessors
23
24
15 Payment exceeding deduction
25
(1) This clause applies if:
26
Schedule 1 Amendments
Part 1 Social Security (Administration) Act 1999
14 Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013
No. , 2013
(a) an amount is paid to a public housing lessor purportedly
1
under Part 3 in connection with a deduction properly made
2
under Part 2; and
3
(b) the amount paid exceeds the deduction.
4
(2) The excess is a debt due to the Commonwealth by the public
5
housing lessor.
6
16 Payment equal to excessive deduction
7
(1) This clause applies if:
8
(a) under Part 3 a public housing lessor is paid the amount of a
9
deduction from a divertible welfare payment payable to a
10
person; and
11
(b) the deduction exceeded the amount (which may be a nil
12
amount) that should have been deducted under Part 2 from
13
the divertible welfare payment; and
14
(c) the Secretary is satisfied that:
15
(i) the person has requested the lessor to pay the person an
16
amount equal to the excess in connection with the
17
deduction; and
18
(ii) the lessor has refused to pay the person the whole of
19
that amount.
20
(2) The difference between the excess and the amount (if any) the
21
public housing lessor paid the person in connection with the
22
deduction is a debt due to the Commonwealth by the lessor.
23
(3) The Secretary must pay the person an amount equal to the
24
difference, whether or not the Commonwealth recovers the debt.
25
(4) However, the Secretary must not pay the person an amount equal
26
to so much (if any) of the difference as is attributable to the
27
divertible welfare payment being greater than the amount of the
28
relevant payment properly payable to the person at the time of the
29
divertible welfare payment.
30
(5) The person is taken not to have been paid an amount that was paid
31
to the person under subclause (3).
32
Note:
Subclause (5) is to prevent double counting, because the person is
33
taken to have been paid the deduction (see clause 14).
34
Amendments Schedule 1
Social Security (Administration) Act 1999 Part 1
Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013 No. ,
2013 15
(6) Subclause (5) has effect for the purposes of all laws of the
1
Commonwealth except:
2
(a) this clause; and
3
(b) any law of the Commonwealth specified by the Minister by
4
legislative instrument for the purposes of subclause 14(2).
5
17 Setting off payments under Part 3 against debts under this Part
6
The Secretary may set off an amount payable to a public housing
7
lessor under Part 3 against a debt due to the Commonwealth by the
8
lessor under this Part.
9
18 Overpayment does not reduce person's liability to public housing
10
lessor
11
Clause 13 does not apply (and is taken never to have applied) to
12
reduce a person's liability to a public housing lessor by so much of
13
an amount paid to the lessor as gives rise under this Part to a debt
14
due to the Commonwealth by the lessor.
15
Part 5--Miscellaneous
16
17
19 Fees
18
(1) The Secretary may charge public housing lessors fees for either or
19
both of the following:
20
(a) deducting amounts under Part 2 in accordance with requests
21
made by the lessors;
22
(b) paying the lessors amounts under Part 3.
23
(2) The fees must not be such as to amount to taxation.
24
20 Relationship with Chapter 5 of the 1991 Act
25
(1) Section 1223 of the 1991 Act does not apply to a payment under
26
clause 12 of this Schedule to a public housing lessor so as to give
27
rise to a debt due by the lessor to the Commonwealth.
28
(2) Chapter 5 of the 1991 Act does not apply to a debt due by a public
29
housing lessor to the Commonwealth under Part 4 of this Schedule.
30
Schedule 1 Amendments
Part 2 A New Tax System (Family Assistance) (Administration) Act 1999
16 Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013
No. , 2013
Part 2
--
A New Tax System (Family Assistance)
1
(Administration) Act 1999
2
10 Subsection 3(1)
3
Insert:
4
household utilities includes:
5
(a) electricity; and
6
(b) gas; and
7
(c) water; and
8
(d) sewerage; and
9
(e) garbage collection; and
10
(f) fixed-line telephone.
11
11 Subsection 3(1)
12
Insert:
13
public housing lessor has the meaning given by clause 2 of
14
Schedule 1.
15
12 Subsections 23(6) and 24(4)
16
Omit "and sections 225 and 226", substitute ", sections 225, 226 and
17
228A and Schedule 1".
18
13 After paragraph 66(2)(f)
19
Insert:
20
(fa) section 228A and Schedule 1 (about deductions from family
21
tax benefit to pay for public housing); and
22
14 After section 228
23
Insert:
24
228A Payment of deductions to public housing lessors
25
Schedule 1 has effect.
26
15 At the end of the Act
27
Add:
28
Amendments Schedule 1
A New Tax System (Family Assistance) (Administration) Act 1999 Part 2
Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013 No. ,
2013 17
Schedule 1--Deductions for payment for
1
public housing
2
Note:
See section 228A.
3
Part 1--Introduction
4
5
1 Objects of this Schedule
6
(1) The main object of this Schedule is to reduce the risk of individuals
7
who receive family tax benefit and lease public housing becoming
8
homeless because they are evicted from or abandon that housing
9
for failure to make payments required by their leases.
10
(2) This Schedule seeks to achieve this object by providing for
11
deductions to be made from payments of family tax benefit and
12
paid to lessors after they have taken other reasonable action
13
(consistent with fair processes for managing public housing) to
14
recover arrears for rent or household utilities.
15
2 What is a public housing lessor?
16
A person or authority is a public housing lessor if the person or
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authority is a public housing lessor for the purposes of the Social
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Security (Administration) Act 1999.
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3 This Schedule binds the Crown
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This Schedule binds the Crown in each of its capacities.
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Part 2--Deductions from family tax benefit
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payments
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4 Request by public housing lessor for deduction
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(1) A public housing lessor may request the Secretary to make a
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deduction from a particular payment (whether an instalment or
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other payment) of family tax benefit payable to an individual who,
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under a written lease, leases accommodation for the individual
1
from the lessor, if:
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(a) both conditions in clause 5 are met; or
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(b) both conditions in clause 6 are met.
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(2) For the purposes of subclause (1), it does not matter:
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(a) whether the lease was entered into before, on or after the
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commencement of this clause; or
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(b) whether the individual is the only lessee or a joint lessee of
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the accommodation; or
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(c) whether or not the accommodation is also accommodation
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for others.
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Content of request
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(3) The request must specify the maximum amount to be deducted
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from the payment of family tax benefit. That amount must not be
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more than:
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(a) if the request is made because the conditions in clause 5 are
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met--the amount described in subclause 5(1); or
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(b) if the request is made because the conditions in clause 6 are
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met--the amount that is payable under the lease for rent and
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household utilities for the period to which the payment
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relates.
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(4) The public housing lessor may amend the request to specify a
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different maximum amount to be deducted from the payment if:
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(a) after the request was made, the rate at which amounts are
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payable under the lease for rent and household utilities
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changes; and
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(b) before making the amendment, the lessor:
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(i) has taken reasonable action to inform the individual that
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the lessor proposes to amend the specification in one or
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more requests of the maximum amount to be deducted;
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and
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(ii) has given the individual a reasonable opportunity to
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make representations to the lessor about the proposal.
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Way of giving requests and amendments
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(5) To be effective, the request, and any amendment of the request,
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must be given to the Secretary in a way approved by the Secretary.
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The Secretary may approve a way of giving requests and the same
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or a different way of giving amendments.
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Combining requests or amendments
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(6) To avoid doubt:
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(a) 2 or more requests relating to different payments of family
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tax benefit payable to the individual may be given to the
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Secretary at the same time, in the same communication; and
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(b) 2 or more amendments of different requests relating to the
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individual may be given to the Secretary at the same time, in
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the same communication.
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5 Request because of amount unpaid for rent or utilities
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(1) The first condition for making a request is that, under the lease,
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there is due and payable by the individual to the public housing
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lessor an amount that:
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(a) is only for rent and/or household utilities; and
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(b) exceeds the minimum prescribed for the individual under
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subclause 6(2) of Schedule 6 to the Social Security
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(Administration) Act 1999.
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(2) The second condition is that the public housing lessor has taken
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reasonable action to recover the amount described in subclause (1).
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(3) For the purposes of subclause (2), a public housing lessor is taken
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not to have taken reasonable action to recover the amount
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described in subclause (1) unless:
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(a) the lessor has given the individual written notice demanding
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payment of some or all of the amount within a specified
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period that is reasonable; and
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(b) that period has passed without the demand being met; and
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(c) the lessor has taken reasonable action to inform the
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individual of:
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(i) financial counselling services, and other services
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relating to the lease, that are or may be available to the
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individual; and
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(ii) the individual's rights to review of decisions of the
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lessor or its officers or employees relating to amounts
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due and payable under the lease; and
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(d) the lessor:
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(i) has taken reasonable action to inform the individual that
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the lessor proposes to make one or more requests under
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clause 4 because of the amount; and
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(ii) has given the individual a reasonable opportunity to
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make representations to the lessor about the proposal.
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Note:
Even if the conditions in paragraphs (3)(a) to (d) are all met, it may in
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some cases be necessary for something more to have been done before
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it is true to say that the lessor has taken reasonable action to recover
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the amount described in subclause (1).
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6 Request after arrears for rent and utilities have been paid
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(1) The first condition is that the public housing lessor:
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(a) has taken reasonable action to inform the individual that the
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lessor proposes to make one or more requests under clause 5
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because of this clause; and
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(b) has given the individual a reasonable opportunity to make
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representations to the lessor about the proposal.
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(2) The second condition is that the request is made at the time the
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public housing lessor gives a notice under subclause 9(4) to the
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Secretary of the happening and time of an event that:
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(a) is described in paragraph 9(1)(d); and
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(b) caused another request made by the public housing lessor in
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relation to the person to cease to be in force.
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Note:
Under paragraph 9(1)(d), a request made because more than the
27
minimum amount for rent and/or household utilities was due and
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payable by the individual to the lessor ceases to be in force when no
29
amount for rent or household utilities is due and payable by the
30
individual to the lessor.
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7 Making a deduction as requested
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(1) The Secretary may make a deduction, from a payment (whether an
33
instalment or other payment) of family tax benefit payable to an
34
individual, in accordance with a request that the Secretary is
35
satisfied has been made, and is in force, under this Part.
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Note:
Clause 9 explains when a request made under clause 4 ceases to be in
1
force.
2
When a deduction must not be made
3
(2) However, the Secretary must not make a deduction if:
4
(a) the individual:
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(i) is subject to the income management regime (within the
6
meaning of section 123TC of the Social Security
7
(Administration) Act 1999); or
8
(ii) is covered by a determination under subclause 8(3) of
9
Schedule 6 to that Act; or
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(b) the payment of family tax benefit is of a kind specified under
11
subclause (3) of this clause.
12
Note:
Even though the Secretary must not make a deduction if the individual
13
is subject to the income management regime, the request for the
14
deduction may affect what the Secretary does under that regime in
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relation to the individual: see subsection 123YA(2) of the Social
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Security (Administration) Act 1999.
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(3) The Minister may by legislative instrument specify kinds of
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payments of family tax benefit from which deductions must not be
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made.
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Notifying when a deduction is not made
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(4) If the Secretary does not make a deduction in accordance with a
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request made by a public housing lessor, the Secretary may notify
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the lessor of that fact.
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8 Maximum amount of deduction
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(1) The amount the Secretary may deduct, from a payment of family
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tax benefit payable to an individual, in accordance with a request
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cannot exceed any of the following:
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(a) the amount specified in the request as the maximum amount
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to be deducted from the payment;
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(b) the amount of the payment remaining after all deductions (if
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any) specifically authorised by a law of the Commonwealth
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other than this Part;
33
(c) 35% of the payment (taking account of any reduction of the
34
payment by a deduction under section 84 or a set-off under
35
section 84A).
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(2) To reduce the amounts of payments of family tax benefit for the
1
purposes of paragraph (1)(c), the Minister may by legislative
2
instrument specify provisions of the family assistance law that are
3
to be disregarded for the purposes of that paragraph. The
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instrument has effect according to its terms.
5
9 When a request for a deduction ceases to be in force
6
When a request ceases to be in force
7
(1) A request under subclause 4(1) for a deduction from a payment of
8
family tax benefit payable to an individual ceases to be in force
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when one of the following events happens:
10
(a) the request is revoked;
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(b) the individual ceases to lease accommodation for the
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individual from the public housing lessor;
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(c) the lessor of accommodation for the individual ceases to be a
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public housing lessor;
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(d) if the request was made because the conditions in clause 5
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were met--no amount is due and payable by the individual to
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the public housing lessor under the lease;
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(e) if the request was made because the conditions in clause 6
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were met--the 12 months beginning on the day the request
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was given to the Secretary end.
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Revoking a request
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(2) The public housing lessor may revoke the request by giving notice
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of the revocation to the Secretary in a way approved by the
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Secretary.
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(3) To avoid doubt, notice of revocation of 2 or more requests relating
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to different payments of family tax benefit payable to an individual
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may be given to the Secretary at the same time, in the same
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communication.
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Notice of circumstances causing request to cease to be in force
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(4) If an event described in paragraph (1)(b) or (d) happens and causes
31
a request to cease to be in force, the public housing lessor must as
32
soon as practicable give notice to the Secretary, in a way approved
33
by the Secretary, of the happening and time of the event.
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Part 3--Treatment of amounts deducted
1
2
10 Application
3
This Part applies if under Part 2 an amount is deducted, from a
4
payment of family tax benefit payable to an individual, in
5
accordance with a request made by a public housing lessor.
6
11 Secretary must pay amount to public housing lessor
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The Secretary must pay the amount to the public housing lessor.
8
12 Individual's liability to public housing lessor reduced
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(1) If the amount is paid to the public housing lessor, the individual's
10
liability to the public housing lessor is reduced by that amount.
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(2) This clause applies to a liability under a lease even if the amount of
12
the liability is not yet due and payable.
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13 Individual taken to be paid amount deducted
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(1) The individual is taken to be paid the amount deducted, when the
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payment of family tax benefit is paid to the individual (or would be
16
paid apart from the deduction).
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(2) Subclause (1) has effect for the purposes of all laws of the
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Commonwealth except any law of the Commonwealth specified by
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the Minister by legislative instrument for the purposes of this
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subclause.
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(3) To avoid doubt, subclause (1) has effect whether or not the amount
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was paid to the public housing lessor.
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Part 4--Overpayments to public housing lessors
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14 Payment exceeding deduction
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(1) This clause applies if:
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(a) an amount is paid to a public housing lessor purportedly
1
under Part 3 in connection with a deduction properly made
2
under Part 2; and
3
(b) the amount paid exceeds the deduction.
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(2) The excess is a debt due to the Commonwealth by the public
5
housing lessor.
6
15 Payment equal to excessive deduction
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(1) This clause applies if:
8
(a) under Part 3 a public housing lessor is paid the amount of a
9
deduction from a payment of family tax benefit payable to an
10
individual; and
11
(b) the deduction exceeded the amount (which may be a nil
12
amount) that should have been deducted under Part 2 from
13
the payment of family tax benefit; and
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(c) the Secretary is satisfied that:
15
(i) the individual has requested the lessor to pay the
16
individual an amount equal to the excess in connection
17
with the deduction; and
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(ii) the lessor has refused to pay the individual the whole of
19
that amount.
20
(2) The difference between the excess and the amount (if any) the
21
public housing lessor paid the individual in connection with the
22
deduction is a debt due to the Commonwealth by the lessor.
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(3) The Secretary must pay the individual an amount equal to the
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difference, whether or not the Commonwealth recovers the debt.
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(4) However, the Secretary must not pay the individual an amount
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equal to so much (if any) of the difference as is attributable to the
27
amount of the payment of family tax benefit being greater than the
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amount of family tax benefit properly payable to the individual at
29
the time of the payment.
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(5) The individual is taken not to have been paid an amount that was
31
paid to the individual under subclause (3).
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Note:
Subclause (5) is to prevent double counting, because the individual is
33
taken to have been paid the deduction (see clause 13).
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(6) Subclause (5) has effect for the purposes of all laws of the
1
Commonwealth except:
2
(a) this clause; and
3
(b) any law of the Commonwealth specified by the Minister by
4
legislative instrument for the purposes of subclause 13(2).
5
16 Setting off payments under Part 3 against debts under this Part
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The Secretary may set off an amount payable to a public housing
7
lessor under Part 3 against a debt due to the Commonwealth by the
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lessor under this Part.
9
17 Overpayment does not reduce individual's liability to public
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housing lessor
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Clause 12 does not apply (and is taken never to have applied) to
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reduce an individual's liability to a public housing lessor by so
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much of an amount paid to the lessor as gives rise under this Part to
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a debt due to the Commonwealth by the lessor.
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Part 5--Fees
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17
18 Fees
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(1) The Secretary may charge public housing lessors fees for either or
19
both of the following:
20
(a) deducting amounts under Part 2 in accordance with requests
21
made by the lessors;
22
(b) paying the lessors amounts under Part 3.
23
(2) The fees must not be such as to amount to taxation.
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