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This is a Bill, not an Act. For current law, see the Acts databases.
SOCIAL SECURITY LEGISLATION AMENDMENT (FAIR INCENTIVES TO WORK) BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Legislation Amendment
(Fair Incentives to Work) Bill 2012
No. , 2012
(Education, Employment and Workplace Relations)
A Bill for an Act to amend the Social Security Act
1991, and for related purposes
i Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Parenting payment transitional arrangements
3
Social Security Act 1991
3
Schedule 2--Liquid assets waiting period
4
Social Security Act 1991
4
Schedule 3--Termination payments
6
Social Security Act 1991
6
Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012 No. , 2012
1
A Bill for an Act to amend the Social Security Act
1
1991, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Social Security Legislation
5
Amendment (Fair Incentives to Work) Act 2012.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012 No. ,
2012
Commencement information
Column 1
Column 2
Column 3
Provision(s)
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
1 January 2013.
1 January 2013
3. Schedule 2
1 July 2013.
1 July 2013
4. Schedule 3
The day after 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
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Parenting payment transitional arrangements Schedule 1
Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012 No. , 2012
3
Schedule 1--Parenting payment transitional
1
arrangements
2
3
Social Security Act 1991
4
1 Subsection 23(1) (definition of subject to participation
5
requirements)
6
Omit "or 500F(1)(f) or (2)(f)".
7
2 Subsection 23(1) (note at the end of the definition of
8
subject to participation requirements)
9
Repeal the note.
10
3 Paragraph 500(1)(a)
11
Omit "sections 500D and 500F to 500H", substitute "section 500D".
12
4 Subsection 500D(3) (not including the note)
13
Repeal the subsection.
14
5 Subdivision AA of Division 1 of Part 2.10
15
Repeal the Subdivision.
16
6 Paragraph 729(2)(bc)
17
Omit "or 500F(1)(f) or (2)(f)".
18
7 Application provision
19
The amendments made by items 3, 4 and 5 apply for the purposes of
20
working out whether a person is qualified for parenting payment for a
21
day that is on or after 1 January 2013.
22
23
Schedule 2 Liquid assets waiting period
4 Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012 No. ,
2012
Schedule 2--Liquid assets waiting period
1
2
Social Security Act 1991
3
1 Subsection 14A(1) (paragraph (a) of the definition of
4
maximum reserve)
5
Omit "$2,500", substitute "$5,000".
6
2 Subsection 14A(1) (paragraph (b) of the definition of
7
maximum reserve)
8
Omit "$5,000", substitute "$10,000".
9
3 Subsection 14A(1) (note at the end of the definition of
10
maximum reserve)
11
Repeal the note.
12
4 Subsections 14A(6A) and (6B)
13
Repeal the subsections.
14
5 Subsection 14A(7)
15
Repeal the subsection, substitute:
16
(7) For the purposes of Division 3A of Part 3 of the Administration
17
Act, a person is in severe financial hardship if the value of the
18
person's liquid assets does not exceed:
19
(a) if the person is not a member of a couple and does not have a
20
dependent child--$2,500; or
21
(b) in any other case--$5,000.
22
6 Application provision
23
The amendments made by this Schedule (other than item 5) apply in
24
relation to a person who makes a claim for a social security payment on
25
or after 1 July 2013.
26
7 Transitional provision
27
(1)
This item applies to a person if:
28
Liquid assets waiting period Schedule 2
Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012 No. , 2012
5
(a) the person is subject to a liquid assets test waiting period (the
1
original waiting period) on 1 July 2013 in relation to a claim;
2
and
3
(b) the original waiting period started on a day (the start day)
4
before 1 July 2013.
5
Original waiting period ends on 30 June 2013
6
(2)
If, assuming the amendments made by this Schedule had been in force
7
on the start day:
8
(a) the person would not have been subject to a liquid assets test
9
waiting period in relation to the claim; or
10
(b) the original waiting period would have ended before 1 July
11
2013;
12
then the original waiting period is taken to end on 30 June 2013.
13
Original waiting period ends on or after 1 July 2013
14
(3)
If, assuming the amendments made by this Schedule had been in force
15
on the start day, the original waiting period would not have ended
16
before 1 July 2013, then the original waiting period ends on the day
17
worked out under the Social Security Act 1991 (as amended by this
18
Schedule).
19
Definition
20
(4)
In this item:
21
liquid assets test waiting period means a liquid assets test waiting
22
period under Part 2.11, 2.11A, 2.12 or 2.14 of the Social Security Act
23
1991.
24
25
Schedule 3 Termination payments
6 Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012 No. ,
2012
Schedule 3--Termination payments
1
2
Social Security Act 1991
3
1 Point 1064-F14 (definition of period to which the payment
4
relates)
5
Omit "redundancy" (wherever occurring), substitute "termination".
6
2 Point 1064-F14 (definition of termination payment)
7
Repeal the definition, substitute:
8
termination payment includes:
9
(a) a redundancy payment; and
10
(b) a leave payment relating to a person's employment that has
11
been terminated; and
12
(c) any other payment that is connected with the termination of a
13
person's employment.
14
3 Point 1066A-G14 (definition of period to which the payment
15
relates)
16
Omit "redundancy" (wherever occurring), substitute "termination".
17
4 Point 1066A-G14 (definition of termination payment)
18
Repeal the definition, substitute:
19
termination payment includes:
20
(a) a redundancy payment; and
21
(b) a leave payment relating to a person's employment that has
22
been terminated; and
23
(c) any other payment that is connected with the termination of a
24
person's employment.
25
5 Point 1067G-H19 (definition of period to which the payment
26
relates)
27
Omit "redundancy" (wherever occurring), substitute "termination".
28
6 Point 1067G-H19 (definition of termination payment)
29
Repeal the definition, substitute:
30
Termination payments Schedule 3
Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012 No. , 2012
7
termination payment includes:
1
(a) a redundancy payment; and
2
(b) a leave payment relating to a person's employment that has
3
been terminated; and
4
(c) any other payment that is connected with the termination of a
5
person's employment.
6
7 Point 1067L-D15 (definition of period to which the payment
7
relates)
8
Omit "redundancy" (wherever occurring), substitute "termination".
9
8 Point 1067L-D15 (definition of termination payment)
10
Repeal the definition, substitute:
11
termination payment includes:
12
(a) a redundancy payment; and
13
(b) a leave payment relating to a person's employment that has
14
been terminated; and
15
(c) any other payment that is connected with the termination of a
16
person's employment.
17
9 Point 1068-G7AQ (definition of period to which the payment
18
relates)
19
Omit "redundancy" (wherever occurring), substitute "termination".
20
10 Point 1068-G7AQ (definition of termination payment)
21
Repeal the definition, substitute:
22
termination payment includes:
23
(a) a redundancy payment; and
24
(b) a leave payment relating to a person's employment that has
25
been terminated; and
26
(c) any other payment that is connected with the termination of a
27
person's employment.
28
11 Point 1068A-E12 (definition of period to which the
29
payment relates)
30
Omit "redundancy" (wherever occurring), substitute "termination".
31
Schedule 3 Termination payments
8 Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012 No. ,
2012
12 Point 1068A-E12 (definition of termination payment)
1
Repeal the definition, substitute:
2
termination payment includes:
3
(a) a redundancy payment; and
4
(b) a leave payment relating to a person's employment that has
5
been terminated; and
6
(c) any other payment that is connected with the termination of a
7
person's employment.
8
13 Point 1068B-D18 (definition of period to which the
9
payment relates)
10
Omit "redundancy" (wherever occurring), substitute "termination".
11
14 Point 1068B-D18 (definition of termination payment)
12
Repeal the definition, substitute:
13
termination payment includes:
14
(a) a redundancy payment; and
15
(b) a leave payment relating to a person's employment that has
16
been terminated; and
17
(c) any other payment that is connected with the termination of a
18
person's employment.
19
15 Application
20
The amendments made by this Schedule apply in relation to payments
21
made on or after the commencement of this Schedule.
22