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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Transition Mobility Allowance to the
National Disability Insurance Scheme)
Bill 2016
No. , 2016
(Social Services)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2016
Social Services Legislation Amendment (Transition Mobility Allowance
to the National Disability Insurance Scheme) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments of mobility allowance provisions
3
Social Security Act 1991
3
Social Security (Administration) Act 1999
7
Part 2--Cessation of mobility allowance
10
Farm Household Support Act 2014
10
Income Tax Assessment Act 1997
10
National Disability Insurance Scheme Legislation Amendment Act
2013
10
Social Security Act 1991
10
Social Security (Administration) Act 1999
12
No. , 2016
Social Services Legislation Amendment (Transition Mobility Allowance
to the National Disability Insurance Scheme) Bill 2016
1
A Bill for an Act to amend the law relating to social
1
security, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Social Services Legislation Amendment (Transition
5
Mobility Allowance to the National Disability Insurance Scheme)
6
Act 2016.
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
2
Social Services Legislation Amendment (Transition Mobility Allowance
to the National Disability Insurance Scheme) Bill 2016
No. , 2016
1
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
The first 1 January or 1 July to occur after
the day this Act receives the Royal Assent.
3. Schedule 1,
Part 2
1 July 2020.
1 July 2020
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
Amendments of mobility allowance provisions Part 1
No. , 2016
Social Services Legislation Amendment (Transition Mobility Allowance
to the National Disability Insurance Scheme) Bill 2016
3
Schedule 1--Amendments
1
Part 1--Amendments of mobility allowance
2
provisions
3
Social Security Act 1991
4
1 Section 19 (definition of handicapped person)
5
Repeal the definition.
6
2 Subsection 23(1) (definition of handicapped person)
7
Repeal the definition.
8
3 Subsection 1035(1)
9
After "A person is qualified for a mobility allowance at the rate
10
specified in subsection 1044(1) if the person", insert "is aged 16 or over
11
and under 65, the person".
12
4 Subparagraph 1035(1)(a)(i)
13
Repeal the subparagraph, substitute:
14
(i) the person has a physical or mental disability and the
15
Secretary is of the opinion that the disability is either
16
permanent or likely to last for at least 12 months;
17
5 Subparagraph 1035(1)(b)(i)
18
Repeal the subparagraph, substitute:
19
(i) the person has a physical or mental disability and the
20
Secretary is of the opinion that the disability is either
21
permanent or likely to last for at least 12 months;
22
6 Paragraphs 1035(1)(c) to (f)
23
Repeal the paragraphs.
24
7 Subparagraph 1035(1)(g)(i)
25
Repeal the subparagraph, substitute:
26
Schedule 1 Amendments
Part 1 Amendments of mobility allowance provisions
4
Social Services Legislation Amendment (Transition Mobility Allowance
to the National Disability Insurance Scheme) Bill 2016
No. , 2016
(i) the person has a physical or mental disability and the
1
Secretary is of the opinion that the disability is either
2
permanent or likely to last for at least 12 months;
3
8 Subparagraph 1035(1)(g)(iii)
4
Omit "any 2 or more of".
5
9 Sub-subparagraph 1035(1)(g)(iii)(C)
6
Repeal the sub-subparagraph.
7
10 Subparagraph 1035(1)(g)(iv)
8
Omit "resident; or", substitute "resident.".
9
11 Paragraph 1035(1)(h)
10
Repeal the paragraph.
11
12 Paragraph 1035(2)(b)
12
Omit "training; or", substitute "training.".
13
13 Paragraphs 1035(2)(c) to (e)
14
Repeal the paragraphs.
15
14 Subsection 1035(3) (definition of vocational rehabilitation
16
program)
17
Repeal the definition.
18
15 Subsection 1035(3) (definition of voluntary work)
19
Repeal the definition.
20
16 Paragraph 1035A(1)(a)
21
Repeal the paragraph, substitute:
22
(a) the person is aged 16 or over and under 65; and
23
(aa) the person has a physical or mental disability and the
24
Secretary is of the opinion that the disability is either
25
permanent or likely to last for at least 12 months; and
26
Amendments Schedule 1
Amendments of mobility allowance provisions Part 1
No. , 2016
Social Services Legislation Amendment (Transition Mobility Allowance
to the National Disability Insurance Scheme) Bill 2016
5
17 Paragraphs 1035A(3)(b) to (d)
1
Repeal the paragraphs, substitute:
2
(b) the person is working for at least 15 hours per week on wages
3
that are at or above the relevant minimum wage; and
4
(c) the person is required to travel to and from the person's home
5
for the purpose of performing the work.
6
18 Paragraphs 1035A(6)(b) to (d)
7
Repeal the paragraphs, substitute:
8
(b) the person is working for at least 15 hours per week on wages
9
that are at or above the relevant minimum wage; and
10
(c) the person is required to travel to and from the person's home
11
for the purpose of performing the work.
12
19 Section 1038 (heading)
13
Repeal the heading, substitute:
14
1038 Mobility allowance not payable if person is an NDIS
15
participant or a former NDIS participant
16
20 Section 1038
17
Before "A", insert "(1)".
18
21 At the end of section 1038
19
Add:
20
(2) A mobility allowance is not payable to a person (and can never
21
again become payable to the person) if the person ceases to be an
22
NDIS participant.
23
22 Subsection 1039AA(4)
24
Repeal the subsection, substitute:
25
(4) Subsection (1) does not apply to a person whose physical or mental
26
disability arose while the person was in Australia.
27
23 At the end of subsection 1044(1A)
28
Add:
29
Schedule 1 Amendments
Part 1 Amendments of mobility allowance provisions
6
Social Services Legislation Amendment (Transition Mobility Allowance
to the National Disability Insurance Scheme) Bill 2016
No. , 2016
Note:
The rate of mobility allowance is indexed annually in line with CPI
1
increases (see sections 1191 to 1194).
2
24 Subsections 1044(2) and (3)
3
Repeal the subsections.
4
25 Section 1044A
5
Repeal the section.
6
26 Division 3 of Part 2.21
7
Repeal the Division.
8
27 Subparagraph 1046(1)(b)(i)
9
Omit ", vocational training or voluntary work", substitute "or vocational
10
training".
11
28 Subparagraph 1046(1)(b)(ii)
12
Omit "any 2 or more of".
13
29 Sub-subparagraph 1046(1)(b)(ii)(C)
14
Repeal the sub-subparagraph.
15
30 Subparagraph 1046(2)(b)(iii)
16
Omit "Act; or", substitute "Act.".
17
31 Subparagraphs 1046(2)(b)(iv) to (vi)
18
Repeal the subparagraphs.
19
32 Subparagraph 1046(2B)(b)(iia)
20
Omit "Act; or", substitute "Act.".
21
33 Subparagraph 1046(2B)(b)(iii)
22
Repeal the subparagraph.
23
34 Subsection 1046(3)
24
Omit "12", substitute "4".
25
Amendments Schedule 1
Amendments of mobility allowance provisions Part 1
No. , 2016
Social Services Legislation Amendment (Transition Mobility Allowance
to the National Disability Insurance Scheme) Bill 2016
7
35 Subsection 1046(6) (definition of vocational rehabilitation
1
program)
2
Repeal the definition.
3
36 Subsection 1046(6) (definition of voluntary work)
4
Repeal the definition.
5
37 Subsection 1061A(1) (note 1)
6
Omit "Division 3 of Part 2.21 deals with mobility allowance advance
7
and".
8
38 Subsection 1222(2) (table item 9)
9
Repeal the item.
10
39 Section 1224D
11
Repeal the section.
12
40 Section 1230B
13
Omit "1224D,".
14
Social Security (Administration) Act 1999
15
41 Section 123TC (paragraph (u) of the definition of category
16
I welfare payment)
17
Repeal the paragraph.
18
42 Section 123TC (paragraph (l) of the definition of category
19
Q welfare payment)
20
Repeal the paragraph.
21
43 Subsection 124PD(1) (subparagraph (a)(xix) of the
22
definition of restrictable payment)
23
Repeal the subparagraph.
24
Schedule 1 Amendments
Part 1 Amendments of mobility allowance provisions
8
Social Services Legislation Amendment (Transition Mobility Allowance
to the National Disability Insurance Scheme) Bill 2016
No. , 2016
44 Application and saving provisions
1
(1)
The amendments of sections 1035 and 1035A of the Social Security Act
2
1991 made by this Part apply in relation to a claim for a mobility
3
allowance that is made on or after the commencement of this item
4
(except a claim where qualification for a mobility allowance is worked
5
out in respect of a day occurring before that commencement).
6
(2)
Subsection 1038(2) of the Social Security Act 1991, as added by this
7
Part, applies in relation to a person who ceases to be an NDIS
8
participant on or after the commencement of this item.
9
(3)
The amendments of section 1039AA and of subsections 1046(1), (2)
10
and (2B) of the Social Security Act 1991 made by this Part apply in
11
relation to a person whose claim for a mobility allowance was granted
12
on the basis of the person qualifying for a mobility allowance under
13
section 1035 or 1035A of that Act (as amended by this Part).
14
(4)
The amendment of subsection 1046(3) of the Social Security Act 1991
15
made by this Part applies in relation to a person to whom section 1046
16
of that Act applies on or after the commencement of this item (whether
17
the person's claim for the mobility allowance was made before, on or
18
after that commencement).
19
(5)
Despite the amendments made by this Part, sections 1044, 1044A and
20
1045 of the Social Security Act 1991, as in force immediately before the
21
commencement of this item, continue to apply on and after that
22
commencement in relation to a person who qualified for a mobility
23
allowance advance under section 1045 of that Act before that
24
commencement. However, the person cannot become qualified for a
25
mobility allowance advance on or after that commencement.
26
(6)
Despite the amendments made by this Part, Chapter 5 of the Social
27
Security Act 1991, as in force immediately before the commencement of
28
this item, continues to apply on and after that commencement in relation
29
to a payment of mobility allowance advance made before, on or after
30
that commencement.
31
(7)
Despite the amendments made by this Part, Parts 3B and 3D of the
32
Social Security (Administration) Act 1999, as in force immediately
33
before the commencement of this item, continue to apply on and after
34
Amendments Schedule 1
Amendments of mobility allowance provisions Part 1
No. , 2016
Social Services Legislation Amendment (Transition Mobility Allowance
to the National Disability Insurance Scheme) Bill 2016
9
that commencement in relation to a payment of mobility allowance
1
advance made before, on or after that commencement.
2
Schedule 1 Amendments
Part 2 Cessation of mobility allowance
10
Social Services Legislation Amendment (Transition Mobility Allowance
to the National Disability Insurance Scheme) Bill 2016
No. , 2016
Part 2--Cessation of mobility allowance
1
Farm Household Support Act 2014
2
45 Paragraph 94(g)
3
Repeal the paragraph.
4
Income Tax Assessment Act 1997
5
46 Section 52-10 (table item 18.1)
6
Repeal the item.
7
47 Section 52-40 (table item 18)
8
Repeal the item.
9
National Disability Insurance Scheme Legislation
10
Amendment Act 2013
11
48 Item 17 of Schedule 2
12
Repeal the item.
13
Social Security Act 1991
14
49 Paragraph 7(6AA)(b)
15
Omit "mobility allowance,".
16
50 Section 19
17
Repeal the section.
18
51 Subsection 23(1) (definition of gainful employment)
19
Repeal the definition.
20
52 Subsection 23(1) (paragraph (j) of the definition of newly
21
arrived resident's waiting period)
22
Repeal the paragraph.
23
Amendments Schedule 1
Cessation of mobility allowance Part 2
No. , 2016
Social Services Legislation Amendment (Transition Mobility Allowance
to the National Disability Insurance Scheme) Bill 2016
11
53 Subsection 23(1) (definition of sheltered employment)
1
Repeal the definition.
2
54 Subsection 23(1) (definition of vocational training)
3
Repeal the definition, substitute:
4
vocational training includes training for a profession or
5
occupation.
6
55 Subsection 23(1) (paragraph (n) of the definition of waiting
7
period)
8
Repeal the paragraph.
9
56 Sections 32 and 33
10
Repeal the sections.
11
57 Part 2.21
12
Repeal the Part.
13
58 Subsection 1061ZK(7)
14
Repeal the subsection.
15
59 Section 1158
16
Omit ", a carer allowance or a mobility allowance", substitute "or a
17
carer allowance".
18
60 Section 1190 (table items 57 and 58)
19
Repeal the items.
20
61 Subsection 1191(1) (table items 34 and 34A)
21
Repeal the items.
22
62 Section 1217 (table item 22)
23
Repeal the item.
24
Schedule 1 Amendments
Part 2 Cessation of mobility allowance
12
Social Services Legislation Amendment (Transition Mobility Allowance
to the National Disability Insurance Scheme) Bill 2016
No. , 2016
Social Security (Administration) Act 1999
1
63 Subsection 15(5) (paragraph (b) of the definition of
2
supplementary payment)
3
Omit "pension; or", substitute "pension.".
4
64 Subsection 15(5) (paragraph (i) of the definition of
5
supplementary payment)
6
Repeal the paragraph.
7
65 At the end of subparagraph 63(3)(a)(vi)
8
Add "or".
9
66 Subparagraph 63(3)(a)(vii)
10
Repeal the subparagraph.
11
67 Section 123TC (paragraph (h) of the definition of category
12
I welfare payment)
13
Repeal the paragraph.
14
68 Section 123TC (paragraph (c) of the definition of category
15
Q welfare payment)
16
Repeal the paragraph.
17
69 Subsection 124PD(1) (subparagraph (a)(xiii) of the
18
definition of restrictable payment)
19
Repeal the subparagraph.
20
70 Subsection 240B(2)
21
Omit "1061ZK(7) or".
22
71 Subclause 1(1) of Schedule 1 (paragraph (g) of the
23
definition of social security periodic payment)
24
Repeal the paragraph.
25
Amendments Schedule 1
Cessation of mobility allowance Part 2
No. , 2016
Social Services Legislation Amendment (Transition Mobility Allowance
to the National Disability Insurance Scheme) Bill 2016
13
72 Saving and transitional provisions
1
(1)
Despite the amendments made by this Part, subsection 7(6AA) of the
2
Social Security Act 1991, as in force immediately before the
3
commencement of this item, continues to apply on and after that
4
commencement in relation to working out whether a person has a
5
qualifying residence exemption for a mobility allowance before that
6
commencement.
7
(2)
Despite the amendments made by this Part, Part 2.21 of the Social
8
Security Act 1991, as in force immediately before the commencement of
9
this item, continues to apply on and after that commencement in relation
10
to working out qualification for, or the rate of, a mobility allowance in
11
respect of days occurring before that commencement.
12
(3)
If, immediately before the commencement of this item, the period a
13
person continued to be qualified for a mobility allowance under
14
section 1046 of the Social Security Act 1991 had not ended, then,
15
despite that section, the person's qualification for the mobility
16
allowance is taken to end at the end of the day before that
17
commencement.
18
(4)
Despite the amendments made by this Part, section 1158 of the Social
19
Security Act 1991, as in force immediately before the commencement of
20
this item, continues to apply on and after that commencement in relation
21
to days occurring before that commencement.
22
(5)
Despite the amendments made by this Part, Chapter 5 of the Social
23
Security Act 1991, as in force immediately before the commencement of
24
this item, continues to apply on and after that commencement in relation
25
to a payment of mobility allowance made before, on or after that
26
commencement.
27
(6)
Despite the amendments made by this Part, Part 3 of the Social Security
28
(Administration) Act 1999, as in force immediately before the
29
commencement of this item, continues to apply on and after that
30
commencement in relation to the following:
31
(a) the making of claims for mobility allowance in respect of
32
days occurring before that commencement;
33
(b) making payments of mobility allowance in respect of days
34
occurring before that commencement;
35
Schedule 1 Amendments
Part 2 Cessation of mobility allowance
14
Social Services Legislation Amendment (Transition Mobility Allowance
to the National Disability Insurance Scheme) Bill 2016
No. , 2016
(c) determinations made under that Part before, on or after that
1
commencement in relation to mobility allowance.
2
(7)
Despite the amendments made by this Part, sections 63 and 64 of the
3
Social Security (Administration) Act 1999, as in force immediately
4
before the commencement of this item, continue to apply on and after
5
that commencement in relation to a person claiming mobility allowance
6
before, on or after that commencement.
7
(8)
Despite the amendments made by this Part, Parts 3B and 3D of the
8
Social Security (Administration) Act 1999, as in force immediately
9
before the commencement of this item, continue to apply on and after
10
that commencement in relation to a payment of mobility allowance
11
made before, on or after that commencement.
12
(9)
Despite the amendments made by this Part, Parts 4 and 4A of the Social
13
Security (Administration) Act 1999, as in force immediately before the
14
commencement of this item, continue to apply on and after that
15
commencement in relation to a decision under the social security law, in
16
relation to mobility allowance, made before, on or after that
17
commencement.
18
(10)
Despite the amendments made by this Part, item 18.1 of the table in
19
section 52-10 of the Income Tax Assessment Act 1997, as in force
20
immediately before the commencement of this item, continues to apply
21
on and after that commencement in relation to a payment of mobility
22
allowance made before, on or after that commencement.
23