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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Miscellaneous Measures) Bill 2015
No. , 2015
(Social Services)
A Bill for an Act to amend the law relating to
family assistance and social security, and for
related purposes
No. , 2015
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Special benefit
3
Social Security Act 1991
3
Schedule 2--Family tax benefit
4
A New Tax System (Family Assistance) (Administration) Act 1999
4
Schedule 3--Study requirements for social security payments
9
Social Security Act 1991
9
Schedule 4--New apprentices
11
Social Security Act 1991
11
Schedule 5--Austudy payment assets test
12
Social Security Act 1991
12
Schedule 6--Clarifying indexation of pharmaceutical
allowance
13
Social Security Act 1991
13
Schedule 7--Health care card income test
17
Social Security Act 1991
17
Schedule 8--Delegation
18
A New Tax System (Family Assistance) (Administration) Act 1999
18
Schedule 9--Technical amendments
19
Social Security Act 1991
19
No. , 2015
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
1
A Bill for an Act to amend the law relating to
1
family assistance and social security, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Social Services Legislation
6
Amendment (Miscellaneous Measures) Act 2015.
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 (Miscellaneous Measures) Bill
2015
No. , 2015
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. Schedules 1 to
3
The day after this Act receives the Royal
Assent.
3. Schedule 4
The 28th day after this Act receives the
Royal Assent.
4. Schedules 5 to
9
The day after this Act receives the Royal
Assent.
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
Special benefit Schedule 1
No. , 2015
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
3
Schedule 1--Special benefit
1
2
Social Security Act 1991
3
1 After section 734
4
Insert:
5
734A Income maintenance period exclusion
6
Special benefit is not payable to a person for a period to the extent
7
that the period falls within an income maintenance period that
8
applies or has applied to the person.
9
2 Application provision
10
The amendment made by this Schedule applies in relation to income
11
maintenance periods starting on or after the commencement of this
12
Schedule.
13
Schedule 2 Family tax benefit
4
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
No. , 2015
Schedule 2--Family tax benefit
1
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 Paragraph 14A(1)(c)
5
Repeal the paragraph, substitute:
6
(c) one or more of subsections (2) to (3A) apply;
7
2 After subsection 14A(3)
8
Insert:
9
(3A) This subsection applies if:
10
(a) the claimant, or any other individual whose adjusted taxable
11
income is relevant in working out the claimant's entitlement
12
to, or rate of, family tax benefit for the past period, is not
13
required to lodge an income tax return for the past period
14
income year; and
15
(b) the claimant does not notify the Secretary of the amount of
16
the claimant's adjusted taxable income for the past period
17
income year before the end of:
18
(i) the first income year after the past period income year;
19
or
20
(ii) such further period (if any) as the Secretary allows, if
21
the Secretary is satisfied that there are special
22
circumstances that prevented the claimant from making
23
that notification before the end of that first income year.
24
3 Subsection 14A(4)
25
Omit "or (3)(c)(ii)", substitute ", (3)(c)(ii) or (3A)(b)(ii)".
26
4 Paragraph 32J(2)(a)
27
Repeal the paragraph, substitute:
28
(a) the time after the end of the relevant income year when the
29
first individual notifies the Secretary of the amount of the
30
first individual's adjusted taxable income for the relevant
31
Family tax benefit Schedule 2
No. , 2015
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
5
income year, so long as that notification occurs before the
1
end of:
2
(i) the first income year after the relevant income year; or
3
(ii) such further period (if any) as the Secretary allows, if
4
the Secretary is satisfied that there are special
5
circumstances that prevented the first individual from
6
making that notification before the end of that first
7
income year;
8
5 At the end of paragraph 32J(2)(b)
9
Add ", so long as the Secretary becomes so satisfied before the end of
10
the first income year after the relevant income year".
11
6 At the end of section 32J
12
Add:
13
(3) The further period under subparagraph (2)(a)(ii) must end no later
14
than the end of the second income year after the relevant income
15
year.
16
7 Paragraph 32M(2)(a)
17
Repeal the paragraph, substitute:
18
(a) the time after the end of the relevant income year when the
19
first individual notifies the Secretary of the amount of the
20
first individual's adjusted taxable income for the relevant
21
income year, so long as that notification occurs before the
22
end of:
23
(i) the first income year after the relevant income year; or
24
(ii) such further period (if any) as the Secretary allows, if
25
the Secretary is satisfied that there are special
26
circumstances that prevented the first individual from
27
making that notification before the end of that first
28
income year;
29
8 At the end of paragraph 32M(2)(b)
30
Add ", so long as the Secretary becomes so satisfied before the end of
31
the first income year after the relevant income year".
32
Schedule 2 Family tax benefit
6
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
No. , 2015
9 At the end of section 32M
1
Add:
2
(3) The further period under subparagraph (2)(a)(ii) must end no later
3
than the end of the second income year after the relevant income
4
year.
5
10 Paragraph 32N(2)(a)
6
Repeal the paragraph, substitute:
7
(a) the time after the end of the relevant income year when the
8
first individual notifies the Secretary of information that is
9
sufficient to work out the first individual's annualised
10
amount of maintenance income for the relevant income year,
11
so long as that notification occurs before the end of:
12
(i) the first income year after the relevant income year; or
13
(ii) such further period (if any) as the Secretary allows, if
14
the Secretary is satisfied that there are special
15
circumstances that prevented the first individual from
16
making that notification before the end of that first
17
income year;
18
11 At the end of paragraph 32N(2)(b)
19
Add ", so long as the Secretary becomes so satisfied before the end of
20
the first income year after the relevant income year".
21
12 At the end of section 32N
22
Add:
23
(3) The further period under subparagraph (2)(a)(ii) must end no later
24
than the end of the second income year after the relevant income
25
year.
26
13 Subsection 107(1)
27
Omit "subsections (3)", substitute "subsections (1A)".
28
14 Paragraph 107(1)(a)
29
After "section 105", insert "(including because of the operation of
30
section 105A)".
31
Family tax benefit Schedule 2
No. , 2015
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
7
15 After subsection 107(1)
1
Insert:
2
(1A) Subsection (1) does not limit the date of effect of a review
3
decision, in respect of an original decision that relates to the
4
payment to a person of family tax benefit by instalment, if the
5
review was undertaken under section 105 because of the operation
6
of section 105A.
7
16 Subsection 107(3)
8
Repeal the subsection, substitute:
9
(3) Subsection (2) does not limit the date of effect of a review
10
decision, in respect of an original decision that relates to the
11
payment to a person of child care benefit by fee reduction, if the
12
review was undertaken because the Commissioner of Taxation had
13
made an assessment of the taxable income for a particular income
14
year of each person:
15
(a) whose taxable income is relevant in determining the
16
first-mentioned person's CCB %; and
17
(b) who was required to lodge an income tax return in respect of
18
that year;
19
on the basis of the return lodged by each such person in accordance
20
with subsection (3AA).
21
17 After subsection 109E(2)
22
Insert:
23
(2A) Subsection (1) does not limit the date of effect of a decision by the
24
Secretary or by an authorised review officer on an application by a
25
person under section 109A for review of the original decision if:
26
(a) as a result of the original decision, the person was entitled to
27
be paid family tax benefit by instalment at a particular rate in
28
respect of a period (the same-rate benefit period) that
29
consists of, or is included in, a particular income year (the
30
relevant income year); and
31
(b) either:
32
(i) if the same-rate benefit period to which the original
33
decision relates is the only same-rate benefit period for
34
Schedule 2 Family tax benefit
8
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
No. , 2015
the person for the relevant income year--the person
1
satisfies the FTB reconciliation conditions for the
2
same-rate benefit period; or
3
(ii) if the same-rate benefit period to which the original
4
decision relates is one of 2 or more same-rate benefit
5
periods for the person for the relevant income year--the
6
person satisfies the FTB reconciliation conditions for
7
each of those same-rate benefit periods.
8
Note:
To work out when the person satisfied the FTB reconciliation
9
conditions, see section 32B.
10
18 Paragraph 109E(3)(a)
11
Repeal the paragraph.
12
19 Subsection 109E(3A)
13
Omit "paragraph (3)(a) or".
14
20 Paragraph 109E(4)(a)
15
Omit "paragraph (3)(a) or (b)", substitute "paragraph (3)(b)".
16
21 Application provisions
17
(1)
The amendments made by items 1 to 3 apply in relation to a claim made
18
on or after the commencement of this Schedule, where the past period
19
falls in the income year in which this Schedule commences or in a later
20
income year.
21
(2)
The amendments made by items 4 to 12 apply in relation to a decision
22
referred to in subsection 32A(1) of the A New Tax System (Family
23
Assistance) (Administration) Act 1999 made before, on or after the
24
commencement of this Schedule, where the same-rate benefit period
25
consists of, or is included in, the income year in which this Schedule
26
commences or in a later income year.
27
(3)
The amendments made by items 13 to 20 apply in relation to a review
28
decision made on or after the commencement of this Schedule, where
29
the original decision related to the payment of family tax benefit by
30
instalment for a same-rate benefit period that consists of, or is included
31
in, the income year in which this Schedule commences or in a later
32
income year.
33
Study requirements for social security payments Schedule 3
No. , 2015
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
9
Schedule 3--Study requirements for social
1
security payments
2
3
Social Security Act 1991
4
1 At the end of subsection 541B(1)
5
Add:
6
Note:
Only one course of education can be considered in deciding if a
7
person satisfies the undertaking full-time study requirement: see
8
section 541C.
9
2 After section 541B
10
Insert:
11
541C One course of education
12
(1) Whether subparagraph 541B(1)(a)(i) or (ii) and paragraphs
13
541B(1)(b), (c) and (d) are satisfied in relation to a person is to be
14
determined in relation to only one course of education.
15
(2) Whether a person satisfies the Secretary of the person's intention
16
mentioned in subparagraph 541B(1)(a)(iii) and whether paragraphs
17
541B(1)(b), (c) and (d) are satisfied in relation to the person is to
18
be determined in relation to only one course of education.
19
Note 1:
The effect of this section is that 2 or more courses of education for a
20
person cannot be aggregated to satisfy the undertaking full-time study
21
requirement.
22
Note 2:
The one course of education may be a combined course: see the
23
legislative instrument made under section 5D of the Student
24
Assistance Act 1973.
25
3 At the end of section 569A
26
Add:
27
Note:
Only one course of education can be considered in deciding if a
28
person satisfies the undertaking qualifying study requirement: see
29
section 569AA.
30
Schedule 3 Study requirements for social security payments
10
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
No. , 2015
4 After section 569A
1
Insert:
2
569AA One course of education
3
(1) Whether subparagraph 569A(a)(i) or (ii) and paragraphs 569A(b),
4
(c) and (d) are satisfied in relation to a person is to be determined
5
in relation to only one course of education.
6
(2) Whether a person satisfies the Secretary of the person's intention
7
mentioned in subparagraph 569A(a)(iii) and whether paragraphs
8
569A(b), (c) and (d) are satisfied in relation to the person is to be
9
determined in relation to only one course of education.
10
Note 1:
The effect of this section is that 2 or more courses of education for a
11
person cannot be aggregated to satisfy the undertaking qualifying
12
study requirement.
13
Note 2:
The one course of education may be a combined course: see the
14
legislative instrument made under section 5D of the Student
15
Assistance Act 1973.
16
5 Application provision
17
The amendments made by this Schedule apply in relation to working
18
out if a person is qualified for a youth allowance, or an austudy
19
payment, in respect of days occurring on or after the commencement of
20
this Schedule (whether or not the person first qualified for that
21
allowance or payment before that commencement).
22
New apprentices Schedule 4
No. , 2015
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
11
Schedule 4--New apprentices
1
2
Social Security Act 1991
3
1 Subsection 23(1) (definition of new apprentice)
4
Repeal the definition, substitute:
5
new apprentice means a person who satisfies the requirements
6
determined in an instrument under subsection (7).
7
2 Before subsection 23(8)
8
Insert:
9
New apprentice
10
(7) The Minister may, by legislative instrument, determine
11
requirements for the purposes of the definition of new apprentice
12
in subsection (1).
13
3 Application provision
14
The amendments made by this Schedule apply in relation to working
15
out if a person is qualified for a youth allowance, or an austudy
16
payment, in respect of days occurring on or after the commencement of
17
this Schedule (whether or not the person first qualified for that
18
allowance or payment before that commencement).
19
Schedule 5 Austudy payment assets test
12
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
No. , 2015
Schedule 5--Austudy payment assets test
1
2
Social Security Act 1991
3
1 Section 573A
4
Before "A person", insert "(1)".
5
2 Section 573A
6
Omit "or has received".
7
3 Section 573A (table item 4A)
8
Omit "or subsection 236(5)".
9
4 At the end of section 573A
10
Add:
11
(2) A person is also excluded from the application of the austudy
12
payment assets test if the person's partner has received a lump sum
13
mentioned in subsection 236(5) of the Military Rehabilitation and
14
Compensation Act.
15
5 Application provision
16
The amendments made by this Schedule apply in relation to working
17
out if an austudy payment is payable to a person in respect of days
18
occurring on or after the commencement of this Schedule (whether or
19
not the person first qualified for that payment before that
20
commencement).
21
Clarifying indexation of pharmaceutical allowance Schedule 6
No. , 2015
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
13
Schedule 6--Clarifying indexation of
1
pharmaceutical allowance
2
3
Social Security Act 1991
4
1 Section 1190 (cell at table item 49A, column 3)
5
Repeal the cell, substitute:
6
Pension PA "partnered" (item 5)
rate
2 Section 1190 (cell at table item 49A, column 4)
7
Repeal the cell, substitute:
8
[Pension Rate Calculator D--
point 1066A-D8--Table--
column 3--item 5]
[Pension Rate Calculator E--
point 1066B-D8--Table--
column 3--item 5]
3 Section 1190 (cell at table item 49B, column 3)
9
Repeal the cell, substitute:
10
Benefit PA "Partnered (partner
getting service pension)" rate
4 Section 1190 (cell at table item 49B, column 4)
11
Repeal the cell, substitute:
12
[Benefit Rate Calculator B--point
1068-D10--Table--column 3--
item 6]
[Benefit PP (Partnered) Rate
Calculator--point 1068B-E8--
Table--column 3--item 4]
5 Section 1190 (cell at table item 49E, column 3)
13
Repeal the cell, substitute:
14
PA (YA/AP) single rate
Schedule 6 Clarifying indexation of pharmaceutical allowance
14
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
No. , 2015
6 Section 1190 (cell at table item 49F, column 3)
1
Repeal the cell, substitute:
2
PA (YA/AP) partnered (item 49F)
rate
7 Section 1190 (cell at table item 49G, column 3)
3
Repeal the cell, substitute:
4
PA (YA/AP) (item 49G) rate
8 Section 1190 (cell at table item 49H, column 3)
5
Repeal the cell, substitute:
6
PA (YA/AP) (item 49H) rate
9 Section 1190 (cell at table item 49J, column 3)
7
Repeal the cell, substitute:
8
PA (YA/AP) (item 49J) rate
10 Subsection 1191(1) (cell at table item 31, column 2)
9
Repeal the cell, substitute:
10
Benefit PA "partnered" (item 2)
rate
11 Subsection 1191(1) (cell at table item 32, column 2)
11
Repeal the cell, substitute:
12
Benefit PA "Partnered (partner
getting service pension)" rate
12 Subsection 1191(1) (cell at table item 33A, column 2)
13
Repeal the cell, substitute:
14
PA (YA/AP) partnered (item 49F)
rate
PA (YA/AP) (item 49H) rate
13 Section 1206A
15
Repeal the section, substitute:
16
Clarifying indexation of pharmaceutical allowance Schedule 6
No. , 2015
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
15
1206A Adjustment of certain pharmaceutical allowance rates
1
(1) This Act has effect as if, on 1 January each year, there were
2
substituted for:
3
(a) the Pension PA "partnered" (item 2) rate; and
4
(b) the Pension PA "partnered" (item 5) rate;
5
the amount worked out by using the formula:
6
Benefit PA "partnered" item 2 rate
26
7
where:
8
Benefit PA "partnered" (item 2) rate is the current figure, as at
9
that 1 January, for the Benefit PA "partnered" (item 2) rate.
10
Note 1:
For current figure see subsection 20(1).
11
Note 2:
The Benefit PA "partnered" (item 2) rate is indexed on each 1 January
12
(see the CPI Indexation Table in section 1191--item 31).
13
(2) This Act has effect as if, on 1 January each year, there were
14
substituted for:
15
(a) the Pension PA "single" rate; and
16
(b) the Pension PA "illness separated or respite care" rate; and
17
(c) the Pension PA "partnered" (item 6) rate;
18
the amount worked out by using the formula:
19
Benefit PA "partnered" item 2 rate
52
20
where:
21
Benefit PA "partnered" (item 2) rate is the current figure, as at
22
that 1 January, for the Benefit PA "partnered" (item 2) rate.
23
Note 1:
The formula reflects the Benefit PA "partnered" (item 2) rate being
24
multiplied by 26 to convert to a yearly amount and then being
25
multiplied by 2 to convert from "partnered" to "single rate".
26
Note 2:
For current figure see subsection 20(1).
27
Note 3:
The Benefit PA "partnered" (item 2) rate is indexed on each 1 January
28
(see the CPI Indexation Table in section 1191--item 31).
29
(3) This Act has effect as if, on 1 January each year, there were
30
substituted for:
31
(a) the Benefit PA "single" rate; and
32
Schedule 6 Clarifying indexation of pharmaceutical allowance
16
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
No. , 2015
(b) the Benefit PA "partnered" (item 7) rate; and
1
(c) the Benefit PA "illness separated or respite care" rate;
2
the amount worked out by using the formula:
3
Benefit PA "partnered" item 2 rate
2
4
where:
5
Benefit PA "partnered" (item 2) rate is the current figure, as at
6
that 1 January, for the Benefit PA "partnered" (item 2) rate.
7
Note 1:
For current figure see subsection 20(1).
8
Note 2:
The Benefit PA "partnered" (item 2) rate is indexed on each 1 January
9
(see the CPI Indexation Table in section 1191--item 31).
10
(4) This Act has effect as if, on 1 January each year, there were
11
substituted for:
12
(a) the PA (YA/AP) single rate; and
13
(b) the PA (YA/AP) (item 49G) rate; and
14
(c) the PA (YA/AP) (item 49J) rate;
15
the amount worked out by using the formula:
16
PA YA/AP partnered item 49F rate
2
17
where:
18
PA (YA/AP) partnered (item 49F) rate means the current figure,
19
as at that 1 January, for the PA (YA/AP) partnered (item 49F) rate.
20
Note 1:
For current figure see subsection 20(1).
21
Note 2:
The PA (YA/AP) partnered (item 49F) rate is indexed on each
22
1 January (see the CPI Indexation Table in section 1191--item 33A).
23
Health care card income test Schedule 7
No. , 2015
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
17
Schedule 7--Health care card income test
1
2
Social Security Act 1991
3
1 After point 1071A-2
4
Insert:
5
Working out allowable income
6
1071A-2A For the purposes of step 2 of the method statement in point
7
1071A-1 or 1071A-2:
8
(a) disregard steps 1A, 2 and 3 of the method statement in point
9
1068-A1; and
10
(b) the amount at step 1B of the method statement in point
11
1068-A1 is taken to be the amount applicable under item 5 of
12
the table in point 1068-C3.
13
2 Application provision
14
The amendment made by this Schedule applies in relation to working
15
out if a person is qualified for a health care card on a day on or after the
16
commencement of this Schedule (whether or not the person held such a
17
card immediately before that commencement).
18
Schedule 8 Delegation
18
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
No. , 2015
Schedule 8--Delegation
1
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 Subsection 221(2)
5
Repeal the subsection.
6
2 Application provision
7
The amendment made by this Schedule applies in relation to delegations
8
made on or after the commencement of this Schedule.
9
Technical amendments Schedule 9
No. , 2015
Social Services Legislation Amendment (Miscellaneous Measures) Bill
2015
19
Schedule 9--Technical amendments
1
2
Social Security Act 1991
3
1 Paragraph 8(8)(z) (note)
4
Omit "point 1067L-D15", substitute "point 1067L-D17".
5
2 Paragraph 8(8)(z) (note)
6
Omit "the Parenting Allowance Rate Calculator", substitute "Benefit PP
7
(Partnered) Rate Calculator".
8
3 Paragraph 8(8)(z) (note)
9
Omit ", 1067L-D15", substitute ", 1067L-D17".
10
4 Paragraph 8(8)(z) (note)
11
Omit "1068A-D6", substitute "1068B-D5".
12
5 Clause 49 of Schedule 1A
13
Repeal the clause.
14