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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Payment Integrity) Bill 2019
No. , 2019
(Social Services)
A Bill for an Act to amend the law relating to social
security and veterans' entitlements, and for related
purposes
No. , 2019
Social Services Legislation Amendment (Payment Integrity) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Enhanced residency requirements for pensioners
4
Part 1--Main amendments
4
Social Security Act 1991
4
Part 2--Contingent amendments
8
New Skilled Regional Visas (Consequential Amendments) Act 2019
8
Schedule 2--Stopping the payment of pension supplement after
6 weeks overseas
9
Social Security Act 1991
9
Veterans' Entitlements Act 1986
14
Schedule 3--Liquid assets test waiting period
17
Social Security Act 1991
17
No. , 2019
Social Services Legislation Amendment (Payment Integrity) Bill 2019
1
A Bill for an Act to amend the law relating to social
1
security and veterans' entitlements, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Social Services Legislation Amendment (Payment
6
Integrity) Act 2019.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Social Services Legislation Amendment (Payment Integrity) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
As follows:
(a) if this Act receives the Royal Assent on
or before 1 December 2019--1 January
2020;
(b) if this Act receives the Royal Assent
after 1 December 2019--the first
1 January or 1 July to occur after the end
of the period of 1 month beginning on
the day this Act receives the Royal
Assent.
3. Schedule 1,
Part 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
the New Skilled Regional Visas
(Consequential Amendments) Act 2019.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
4. Schedules 2
and 3
As follows:
(a) if this Act receives the Royal Assent on
or before 1 December 2019--1 January
2020;
(b) if this Act receives the Royal Assent
after 1 December 2019--the first
1 January or 1 July to occur after the end
of the period of 1 month beginning on
the day this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
No. , 2019
Social Services Legislation Amendment (Payment Integrity) Bill 2019
3
(2) Any information in column 3 of the table is not part of this Act.
1
Information may be inserted in this column, or information in it
2
may be edited, in any published version of this Act.
3
3 Schedules
4
Legislation that is specified in a Schedule to this Act is amended or
5
repealed as set out in the applicable items in the Schedule
6
concerned, and any other item in a Schedule to this Act has effect
7
according to its terms.
8
Schedule 1 Enhanced residency requirements for pensioners
Part 1 Main amendments
4
Social Services Legislation Amendment (Payment Integrity) Bill 2019
No. , 2019
Schedule 1--Enhanced residency
1
requirements for pensioners
2
Part 1--Main amendments
3
Social Security Act 1991
4
1 Paragraph 43(1)(a)
5
Repeal the paragraph, substitute:
6
(a) the person meets the qualifying residency requirements under
7
section 43A;
8
2 Subsection 43(1) (note 1)
9
Repeal the note.
10
3 Subsection 43(1) (note 2)
11
Omit "Note 2", substitute "Note".
12
4 At the end of Subdivision A of Division 1 of Part 2.2
13
Add:
14
43A Qualifying residency requirements
15
(1) A person meets the qualifying residency requirements under this
16
section if the person has, at any time, been an Australian resident
17
for a continuous period (the residency period) of at least:
18
(a) if the person satisfies subsection (2) or (3)--10 years; and
19
(b) otherwise--15 years.
20
(2) The person satisfies this subsection if at least 5 years of the
21
residency period occurred:
22
(a) while the person was at least 16; and
23
(b) before the person reached pension age.
24
(3) The person satisfies this subsection if the following conditions are
25
met for a period that exceeds, or for 2 or more periods that in the
26
aggregate exceed, 5 years (whether or not the period or periods
27
occur during the residency period):
28
Enhanced residency requirements for pensioners Schedule 1
Main amendments Part 1
No. , 2019
Social Services Legislation Amendment (Payment Integrity) Bill 2019
5
(a) the person was not receiving a payment of any of the
1
following during the period or periods:
2
(i) austudy payment or an AUSTUDY allowance;
3
(ii) newstart allowance, a job search allowance under this
4
Act as previously in force or the 1947 Act, or an
5
unemployment benefit under the 1947 Act;
6
(iii) youth allowance or a youth training allowance;
7
(iv) special benefit under this Act or a special benefit under
8
the 1947 Act;
9
(b) the person was at least 16 during the period or periods;
10
(c) the person was an Australian resident during the period or
11
periods.
12
(4) A person is taken to have not been receiving a payment during a
13
period for the purposes of paragraph (3)(a) if an assurance of
14
support was in force for the person for the period.
15
Note:
For assurance of support, see subsection 23(1).
16
5 Paragraph 94(1)(e)
17
Omit "either".
18
6 Subparagraph 94(1)(e)(ii)
19
Repeal the subparagraph, substitute:
20
(ii) meets the qualifying residency requirements under
21
section 95A; or
22
(iia) has a qualifying residence exemption for a disability
23
support pension; or
24
7 Subsection 94(1) (note 1)
25
Omit ", qualifying Australian residence".
26
8 Subparagraph 95(1)(c)(ii)
27
Repeal the subparagraph, substitute:
28
(ii) meets the qualifying residency requirements under
29
section 95A; or
30
9 Subsection 95(1) (note)
31
Omit "and qualifying Australian residence".
32
Schedule 1 Enhanced residency requirements for pensioners
Part 1 Main amendments
6
Social Services Legislation Amendment (Payment Integrity) Bill 2019
No. , 2019
10 After section 95
1
Insert:
2
95A Qualifying residency requirements
3
(1) A person meets the qualifying residency requirements under this
4
section if the person has, at any time, been an Australian resident
5
for a continuous period (the residency period) of at least:
6
(a) if the person satisfies subsection (2) or (3)--10 years; and
7
(b) otherwise--15 years.
8
(2) The person satisfies this subsection if at least 5 years of the
9
residency period occurred:
10
(a) while the person was at least 16; and
11
(b) before the person reached pension age.
12
(3) The person satisfies this subsection if the following conditions are
13
met for a period that exceeds, or for 2 or more periods that in the
14
aggregate exceed, 5 years (whether or not the period or periods
15
occur during the residency period):
16
(a) the person was not receiving a payment of any of the
17
following during the period or periods:
18
(i) austudy payment or an AUSTUDY allowance;
19
(ii) newstart allowance, a job search allowance under this
20
Act as previously in force or the 1947 Act, or an
21
unemployment benefit under the 1947 Act;
22
(iii) youth allowance or a youth training allowance;
23
(iv) special benefit under this Act or a special benefit under
24
the 1947 Act;
25
(b) the person was at least 16 during the period or periods;
26
(c) the person was an Australian resident during the period or
27
periods.
28
(4) A person is taken to have not been receiving a payment during a
29
period for the purposes of paragraph (3)(a) if an assurance of
30
support was in force for the person for the period.
31
Note:
For assurance of support, see subsection 23(1).
32
Enhanced residency requirements for pensioners Schedule 1
Main amendments Part 1
No. , 2019
Social Services Legislation Amendment (Payment Integrity) Bill 2019
7
11 Application provisions
1
(1)
The amendments made by this Part apply (subject to subitem (2)) in
2
relation to a claim made by a person for an age pension or a disability
3
support pension if:
4
(a) the claim is made on or after the commencement of this item;
5
or
6
(b) all of the following apply:
7
(i) the claim is made before that commencement;
8
(ii) the person does not qualify for the relevant pension at or
9
after the time the claim is made but before that
10
commencement;
11
(iii) the Secretary determines the claim on or after that
12
commencement.
13
(2)
The amendments made by this Part do not apply in relation to a claim
14
made (whether before or after the commencement of this item) by a
15
person for an age pension or a disability support pension if the person
16
received a payment of the relevant pension at any time before that
17
commencement.
18
Schedule 1 Enhanced residency requirements for pensioners
Part 2 Contingent amendments
8
Social Services Legislation Amendment (Payment Integrity) Bill 2019
No. , 2019
Part 2--Contingent amendments
1
New Skilled Regional Visas (Consequential Amendments)
2
Act 2019
3
12 Paragraph 31(2)(d) of Schedule 1
4
After "paragraph 43(1A)(d)", insert ", 43A(1)(a) or (b) or 95A(1)(a) or
5
(b)".
6
Stopping the payment of pension supplement after 6 weeks overseas Schedule 2
No. , 2019
Social Services Legislation Amendment (Payment Integrity) Bill 2019
9
Schedule 2--Stopping the payment of pension
1
supplement after 6 weeks overseas
2
3
Social Security Act 1991
4
1 Subsection 23(1) (definition of pension supplement
5
amount)
6
After "the amount", insert "(if any)".
7
2 Point 1064-A1 (method statement, step 1A)
8
After "pension supplement", insert "(if any)".
9
3 Points 1064-BA1 and 1064-BA2
10
Repeal the points, substitute:
11
Pension supplement
12
1064-BA1 A pension supplement amount is to be added to the person's
13
maximum basic rate if the person is residing in Australia and:
14
(a) is in Australia; or
15
(b) is temporarily absent from Australia and has been so for a
16
continuous period not exceeding 6 weeks.
17
1064-BA2 The person's pension supplement amount is:
18
(a) if an election by the person under subsection 1061VA(1) is in
19
force--the amount worked out under point 1064-BA4; and
20
(b) otherwise--the amount worked out under point 1064-BA3.
21
4 Point 1064-BA3 (heading)
22
Repeal the heading, substitute:
23
Amount if no election in force
24
5 Point 1064-BA4 (heading)
25
Repeal the heading, substitute:
26
Schedule 2 Stopping the payment of pension supplement after 6 weeks overseas
10
Social Services Legislation Amendment (Payment Integrity) Bill 2019
No. , 2019
Amount if election in force
1
6 Point 1064-BA5
2
Repeal the point.
3
7 Point 1065-A1 (method statement, step 2A)
4
After "pension supplement", insert "(if any)".
5
8 Points 1065-BA1 and 1065-BA2
6
Repeal the points, substitute:
7
Pension supplement
8
1065-BA1 A pension supplement amount is to be added to the person's
9
maximum basic rate if the person is residing in Australia and:
10
(a) is in Australia; or
11
(b) is temporarily absent from Australia and has been so for a
12
continuous period not exceeding 6 weeks.
13
1065-BA2 The person's pension supplement amount is:
14
(a) if an election by the person under subsection 1061VA(1) is in
15
force--the amount worked out under point 1065-BA4; and
16
(b) otherwise--the amount worked out under point 1065-BA3.
17
9 Point 1065-BA3 (heading)
18
Repeal the heading, substitute:
19
Amount if no election in force
20
10 Point 1065-BA4 (heading)
21
Repeal the heading, substitute:
22
Amount if election in force
23
11 Point 1065-BA5
24
Repeal the point.
25
12 Point 1066-A1 (method statement, step 1A)
26
After "pension supplement", insert "(if any)".
27
Stopping the payment of pension supplement after 6 weeks overseas Schedule 2
No. , 2019
Social Services Legislation Amendment (Payment Integrity) Bill 2019
11
13 Points 1066-BA1 and 1066-BA2
1
Repeal the points, substitute:
2
Pension supplement
3
1066-BA1 A pension supplement amount is to be added to the person's
4
maximum basic rate if the person is residing in Australia and:
5
(a) is in Australia; or
6
(b) is temporarily absent from Australia and has been so for a
7
continuous period not exceeding 6 weeks.
8
1066-BA2 The person's pension supplement amount is:
9
(a) if an election by the person under subsection 1061VA(1) is in
10
force--the amount worked out under point 1066-BA4; and
11
(b) otherwise--the amount worked out under point 1066-BA3.
12
14 Point 1066-BA3 (heading)
13
Repeal the heading, substitute:
14
Amount if no election in force
15
15 Point 1066-BA4 (heading)
16
Repeal the heading, substitute:
17
Amount if election in force
18
16 Point 1066-BA5
19
Repeal the point.
20
17 Point 1068A-A1 (method statement, step 1A)
21
After "pension supplement", insert "(if any)".
22
18 Points 1068A-BA1 and 1068A-BA2
23
Repeal the points, substitute:
24
Pension supplement
25
1068A-BA1
A pension supplement amount is to be added to the person's
26
maximum basic rate if the person is residing in Australia and:
27
(a) is in Australia; or
28
Schedule 2 Stopping the payment of pension supplement after 6 weeks overseas
12
Social Services Legislation Amendment (Payment Integrity) Bill 2019
No. , 2019
(b) is temporarily absent from Australia and has been so for a
1
continuous period not exceeding 6 weeks.
2
1068A-BA2
The person's pension supplement amount is:
3
(a) if the person has reached pension age:
4
(i) if an election by the person under
5
subsection 1061VA(1) is in force--the amount worked
6
out under point 1068A-BA4; and
7
(ii) otherwise--the amount worked out under point
8
1068A-BA3; and
9
(b) if the person has not reached pension age--the amount
10
worked out under point 1068A-BA5.
11
19 Point 1068A-BA3 (heading)
12
Repeal the heading, substitute:
13
Amount if person of pension age and no election in force
14
20 Point 1068A-BA4 (heading)
15
Repeal the heading, substitute:
16
Amount if person of pension age and election in force
17
21 Point 1068A-BA5 (heading)
18
Repeal the heading, substitute:
19
Amount if person has not reached pension age
20
22 Point 1068A-BA5
21
Omit "If the person is not covered by point 1068A-BA2, the", substitute
22
"The".
23
23 After section 1216
24
Insert:
25
1216A Rate of payment may be affected during absence from
26
Australia
27
A reference in this Division to a person's right to continue to be
28
paid a payment not being affected merely by the person's absence
29
Stopping the payment of pension supplement after 6 weeks overseas Schedule 2
No. , 2019
Social Services Legislation Amendment (Payment Integrity) Bill 2019
13
does not imply that the person's rate of payment cannot be affected
1
because of the absence.
2
Note:
A person's rate of payment is worked out in accordance with the
3
relevant Rate Calculator in Chapter 3.
4
24 Subclause 147(3) of Schedule 1A (method statement)
5
Repeal the method statement, substitute:
6
Method statement
7
Work out the amount that would be the pension MBR
8
(described using the abbreviation used in Part 3.16 for the
9
amount) on 20 September 2009, if the Social Security
10
and Other Legislation Amendment (Pension Reform and
11
Other 2009 Budget Measures) Act 2009 had not been
12
enacted, for a person who is not a member of a couple:
13
(a)
assuming that section 1195 did not apply on
14
20 September 2009; and
15
(b)
taking account of indexation under Part 3.16 on
16
that day.
17
25 Subclause 147(4) of Schedule 1A (method statement)
18
Repeal the method statement, substitute:
19
Method statement
20
Work out the amount that would be the pension MBR
21
(described using the abbreviation used in Part 3.16 for the
22
amount) on 20 September 2009, if the Social Security
23
and Other Legislation Amendment (Pension Reform and
24
Other 2009 Budget Measures) Act 2009 had not been
25
enacted, for a person who is a member of a couple (but
26
not a member of an illness separated couple or respite
27
care couple and not partnered (partner in gaol)):
28
(a)
assuming that section 1195 did not apply on
29
20 September 2009; and
30
Schedule 2 Stopping the payment of pension supplement after 6 weeks overseas
14
Social Services Legislation Amendment (Payment Integrity) Bill 2019
No. , 2019
(b)
taking account of indexation under Part 3.16 on
1
that day.
2
26 Application provision
3
The amendments of the Social Security Act 1991 made by this Schedule
4
apply in relation to a temporary or permanent absence from Australia
5
for a period that begins before, on or after the day this item commences.
6
Veterans' Entitlements Act 1986
7
27 Subsection 5Q(1) (definition of pension supplement
8
amount)
9
After "the amount", insert "(if any)".
10
28 After subsection 58K(1)
11
Insert:
12
(1A) However, the reference in subsection (1) to a person's right to
13
continue to be paid a pension or supplement not being affected by
14
the fact that the person leaves Australia does not imply that the
15
person's rate of payment cannot be affected because of the absence
16
from Australia.
17
Note:
A person's rate of payment is worked out in accordance with the Rate
18
Calculator.
19
29 Subclause 31(3) of Schedule 5 (method statement)
20
Repeal the method statement, substitute:
21
Method statement
22
Work out the amount that would have been the pension
23
MBR (within the meaning of Division 18 of Part IIIB) on
24
20 September 2009, if the Veterans' Affairs and Other
25
Legislation Amendment (Pension Reform) Act 2009 had
26
not been enacted, for a person who is not a member of a
27
couple:
28
(a)
assuming that section 59EA did not apply on
29
20 September 2009; and
30
Stopping the payment of pension supplement after 6 weeks overseas Schedule 2
No. , 2019
Social Services Legislation Amendment (Payment Integrity) Bill 2019
15
(b)
taking account of indexation under Division 18 of
1
Part IIIB on that day.
2
30 Subclause 31(4) of Schedule 5 (method statement)
3
Repeal the method statement, substitute:
4
Method statement
5
Work out the amount that would have been the pension
6
MBR (within the meaning of Division 18 of Part IIIB) on
7
20 September 2009, if the Veterans' Affairs and Other
8
Legislation Amendment (Pension Reform) Act 2009 had
9
not been enacted, for a member of a couple (other than an
10
illness separated couple or a respite care couple):
11
(a)
assuming that section 59EA did not apply on
12
20 September 2009; and
13
(b)
taking account of indexation under Division 18 of
14
Part IIIB on that day.
15
31 Subpoint SCH6-A1(2) of Schedule 6 (method statement,
16
step 1A)
17
After "pension supplement", insert "(if any)".
18
32 Subpoint SCH6-A1(3) of Schedule 6 (method statement,
19
step 2A)
20
After "pension supplement", insert "(if any)".
21
33 Subpoint SCH6-A1(6) of Schedule 6 (method statement,
22
step 1A)
23
After "pension supplement", insert "(if any)".
24
34 Points SCH6-BA1 and SCH6-BA2 of Schedule 6
25
Repeal the points, substitute:
26
Schedule 2 Stopping the payment of pension supplement after 6 weeks overseas
16
Social Services Legislation Amendment (Payment Integrity) Bill 2019
No. , 2019
Pension supplement
1
SCH6-BA1 A pension supplement amount is to be added to the person's
2
maximum basic rate if the person is residing in Australia and:
3
(a) is in Australia; or
4
(b) is temporarily absent from Australia and has been so for a
5
continuous period not exceeding 6 weeks.
6
SCH6-BA2 The person's pension supplement amount is:
7
(a) if an election by the person under subsection 60A(1) is in
8
force--the amount worked out under point SCH6-BA4; and
9
(b) otherwise--the amount worked out under point SCH6-BA3.
10
35 Point SCH6-BA3 of Schedule 6 (heading)
11
Repeal the heading, substitute:
12
Amount if no election in force
13
36 Point SCH6-BA4 of Schedule 6 (heading)
14
Repeal the heading, substitute:
15
Amount if election in force
16
37 Point SCH6-BA5 of Schedule 6
17
Repeal the point.
18
38 Application provision
19
The amendments of the Veterans' Entitlements Act 1986 made by this
20
Schedule apply in relation to a temporary or permanent absence from
21
Australia for a period that begins before, on or after the day this item
22
commences.
23
Liquid assets test waiting period Schedule 3
No. , 2019
Social Services Legislation Amendment (Payment Integrity) Bill 2019
17
Schedule 3--Liquid assets test waiting period
1
2
Social Security Act 1991
3
1 Paragraphs 549C(1)(a) and (b)
4
Omit "13" (wherever occurring), substitute "26".
5
2 Paragraphs 575C(1)(a) and (b)
6
Omit "13" (wherever occurring), substitute "26".
7
3 Subsection 598(2B)
8
Omit "13" (wherever occurring), substitute "26".
9
4 Subsection 676(3B)
10
Omit "13" (wherever occurring), substitute "26".
11
5 Application provision
12
The amendments made by this Schedule apply in relation to claims for a
13
youth allowance, an austudy payment, a newstart allowance, a jobseeker
14
payment or sickness allowance made on or after the commencement of
15
this item.
16