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This is a Bill, not an Act. For current law, see the Acts databases.

SOCIAL SECURITY LEGISLATION AMENDMENT (ONE-OFF PAYMENTS FOR CARERS) BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Legislation Amendment
(One-off Payments for Carers) Bill 2005
No. , 2005
(Family and Community Services)
A Bill for an Act to provide for one-off payments to
carers, and for related purposes
i Social Security Legislation Amendment (One-off Payments for Carers) Bill 2005 No. ,
2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................1
Schedule 1--2005 one-off payments to carers
3
Part 1--Main amendments
3
Social Security Act 1991
3
Social Security (Administration) Act 1999
6
Part 2--Related amendments
8
Income Tax Assessment Act 1936
8
Income Tax Assessment Act 1997
8
Social Security Act 1991
10
Schedule 2--Administrative scheme for 2005 one-off payments
to carers
11
Social Security Legislation Amendment (One-off Payments for Carers) Bill 2005 No. ,
2005 1
A Bill for an Act to provide for one-off payments to
1
carers, 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 (One-off Payments for Carers) Act 2005.
6
2 Commencement
7
This Act commences on the day on which it receives the Royal
8
Assent.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
2 Social Security Legislation Amendment (One-off Payments for Carers) Bill 2005 No.
, 2005
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
2005 one-off payments to carers Schedule 1
Main amendments Part 1
Social Security Legislation Amendment (One-off Payments for Carers) Bill 2005 No. ,
2005 3
1
Schedule 1--2005 one-off payments to carers
2
Part 1--Main amendments
3
Social Security Act 1991
4
1 After Part 2.5A
5
Insert:
6
Part 2.5B--2005 one-off payment to people eligible
7
for carer payment
8
9
249 2005 one-off payment to carers (carer payment related)
10
A person (the qualified person) is qualified for a 2005 one-off
11
payment to carers (carer payment related) if the person has been
12
paid an instalment of carer payment in respect of a period that
13
includes 10 May 2005.
14
Note:
The person may also be qualified for a 2005 one-off payment to carers
15
(carer allowance related) under Part 2.19B.
16
250 What is the amount of the payment?
17
The amount of the one-off payment to the qualified person is
18
$1000.
19
Note:
The amount is $1000, regardless of the number of people for whom
20
the qualified person provides care.
21
Part 2.5C--2005 one-off payment to people eligible
22
for carer service pension
23
24
251 2005 one-off payment to carers (carer service pension related)
25
A person (the qualified person) is qualified for a 2005 one-off
26
payment to carers (carer service pension related) if the person has
27
been paid an instalment of carer service pension as a result of the
28
operation of subclause 8(2) or (4) of Schedule 5 to the Veterans'
29
Schedule 1 2005 one-off payments to carers
Part 1 Main amendments
4 Social Security Legislation Amendment (One-off Payments for Carers) Bill 2005 No.
, 2005
Entitlements Act 1986 in respect of a period that includes 10 May
1
2005.
2
252 What is the amount of the payment?
3
The amount of the one-off payment to the qualified person is
4
$1000.
5
Note:
The amount is $1000, regardless of the number of people for whom
6
the qualified person provides care.
7
2 After Part 2.19A
8
Insert:
9
Part 2.19B--2005 one-off payment to people
10
eligible for carer allowance
11
12
992Q 2005 one-off payment to carers (carer allowance related)
13
(1) A person (the qualified person) is qualified for a 2005 one-off
14
payment to carers (carer allowance related) if the following
15
conditions are satisfied in relation to one or more instalments of
16
carer allowance that have been paid to the person:
17
(a) the instalment was in respect of a period that included
18
10 May 2005;
19
(b) the reason why the instalment covered 10 May 2005 was not
20
only because of clause 16 or 17 of Schedule 2 to the Social
21
Security (Administration) Act 1999.
22
(2) For the purposes of this Part, the instalment, or each instalment, in
23
relation to which paragraphs (1)(a) and (b) are satisfied is a
24
qualifying instalment.
25
Note:
The person may also be qualified for a 2005 one-off payment to carers
26
(carer payment related) under Part 2.5B.
27
992R In respect of what care receivers is the payment payable?
28
(1) Subject to subsection (2), each person to whose care a qualifying
29
instalment relates is an eligible care receiver in relation to the
30
qualified person.
31
2005 one-off payments to carers Schedule 1
Main amendments Part 1
Social Security Legislation Amendment (One-off Payments for Carers) Bill 2005 No. ,
2005 5
(2) If subsection 953(2) applied in relation to a qualifying instalment,
1
the 2 disabled children to whom the instalment relates are to be
2
treated as if they were a single eligible care receiver in relation to
3
the qualified person.
4
992S What is the amount of the payment?
5
Add together the amounts applicable under this section for each
6
eligible care receiver
7
(1) The amount of the one-off payment to the qualified person is
8
worked out by adding together the amounts applicable under this
9
section for each eligible care receiver.
10
Amount is $600 unless subsection (3) applies
11
(2) Subject to subsection (3), the amount applicable for an eligible care
12
receiver is $600.
13
Reduced amount if instalment rate took account of a subsection
14
981(1) determination
15
(3) If the rate at which a qualifying instalment was paid took account
16
of a determination under subsection 981(1) of a particular share
17
(being a percentage or proportion) in relation to an eligible care
18
receiver, the amount applicable for the eligible care receiver is that
19
share of $600.
20
3 At the end of subsection 1223ABA(1)
21
Add:
22
; or (c) 2005 one-off payment to carers (carer payment related); or
23
(d) 2005 one-off payment to carers (carer service pension
24
related); or
25
(e) 2005 one-off payment to carers (carer allowance related).
26
4 After subsection 1223ABA(3)
27
Insert:
28
(3A) If the relevant payment is a payment of 2005 one-off payment to
29
carers (carer payment related), a relevant determination is a
30
determination made under Part 3 of the Social Security
31
Schedule 1 2005 one-off payments to carers
Part 1 Main amendments
6 Social Security Legislation Amendment (One-off Payments for Carers) Bill 2005 No.
, 2005
(Administration) Act 1999 because of which the instalment referred
1
to in section 249 of this Act was paid.
2
(3B) If the relevant payment is a payment of 2005 one-off payment to
3
carers (carer service pension related), a relevant determination is a
4
determination made under the Veterans' Entitlements Act 1986
5
because of which the instalment referred to in section 251 of this
6
Act was paid.
7
(3C) If the relevant payment is a payment of 2005 one-off payment to
8
carers (carer allowance related), a relevant determination is a
9
determination made under Part 3 of the Social Security
10
(Administration) Act 1999 because of which the, or an, instalment
11
that satisfied paragraphs 992Q(1)(a) and (b) of this Act was paid.
12
What is the relevant date?
13
(3D) The relevant date is:
14
(a) 11 May 2004, if the relevant payment is a payment of:
15
(i) one-off payment to carers (carer payment related); or
16
(ii) one-off payment to carers (carer allowance related); or
17
(b) 10 May 2005, if the relevant payment is a payment of:
18
(i) 2005 one-off payment to carers (carer payment related);
19
or
20
(ii) 2005 one-off payment to carers (carer service pension
21
related); or
22
(iii) 2005 one-off payment to carers (carer allowance
23
related).
24
5 Subsections 1223ABA(4) and (5)
25
Omit "11 May 2004" (wherever occurring), substitute "the relevant
26
date".
27
6 Subsection 1223ABA(6)
28
Omit "of one-off payment to carers (carer payment related) or one-off
29
payment to carers (carer allowance related)", substitute "to which this
30
section applies".
31
Social Security (Administration) Act 1999
32
7 After section 12AA
33
2005 one-off payments to carers Schedule 1
Main amendments Part 1
Social Security Legislation Amendment (One-off Payments for Carers) Bill 2005 No. ,
2005 7
Insert:
1
12AB 2005 one-off payments to carers
2
A claim is not required for:
3
(a) 2005 one-off payment to carers (carer payment related); or
4
(b) 2005 one-off payment to carers (carer service pension
5
related); or
6
(c) 2005 one-off payment to carers (carer allowance related).
7
8 Subsection 47(1) (after paragraph (ha) of the definition of
8
lump sum benefit)
9
Insert:
10
(hb) 2005 one-off payment to carers (carer payment related); or
11
(hc) 2005 one-off payment to carers (carer service pension
12
related); or
13
(hd) 2005 one-off payment to carers (carer allowance related); or
14
9 After section 47B
15
Insert:
16
47C Payment of 2005 one-off payments to carers
17
(1) If an individual is entitled to a payment of:
18
(a) 2005 one-off payment to carers (carer payment related); or
19
(b) 2005 one-off payment to carers (carer service pension
20
related); or
21
(c) 2005 one-off payment to carers (carer allowance related);
22
the Secretary must pay the payment to the individual in a single
23
lump sum.
24
(2) The lump sum must be paid:
25
(a) on the date that the Secretary considers to be the earliest date
26
on which it is reasonably practicable for the payment to be
27
made; and
28
(b) in such manner as the Secretary considers appropriate.
29
Schedule 1 2005 one-off payments to carers
Part 2 Related amendments
8 Social Security Legislation Amendment (One-off Payments for Carers) Bill 2005 No.
, 2005
1
Part 2--Related amendments
2
Income Tax Assessment Act 1936
3
10 Subsection 159J(6) (paragraph (ad) of the definition of
4
separate net income)
5
Repeal the paragraph, substitute:
6
(ad) does not include any of the following paid under the Social
7
Security Act 1991:
8
(i) carer allowance;
9
(ii) one-off payment to carers (carer payment related);
10
(iii) one-off payment to carers (carer allowance related);
11
(iv) 2005 one-off payment to carers (carer payment related);
12
(v) 2005 one-off payment to carers (carer service pension
13
related);
14
(vi) 2005 one-off payment to carers (carer allowance
15
related); and
16
11 Subsection 159J(6) (after paragraph (ada) of the definition
17
of separate net income)
18
Insert:
19
(adb) does not include payments to carers under the scheme
20
determined under Schedule 2 to the Social Security
21
Legislation Amendment (One-off Payments for Carers) Act
22
2005; and
23
Income Tax Assessment Act 1997
24
12 Section 11-15 (table item headed "social security or like
25
payments")
26
Before:
27
pension bonus..........................................................................
52-10 and 52-65
insert:
28
2005 one-off payment to carers (carer payment related), 2005
one-off payment to carers (carer service pension related) or
2005 one-off payment to carers (carer allowance related) .........
52-10
2005 one-off payments to carers Schedule 1
Related amendments Part 2
Social Security Legislation Amendment (One-off Payments for Carers) Bill 2005 No. ,
2005 9
payments under the scheme determined under Schedule 2 to
the Social Security Legislation Amendment (One-off Payments
for Carers) Act 2005................................................................
52-10
13 Subsection 52-10(1)
1
Omit "(other than payments of pension bonus, one-off payment to the
2
aged, one-off payment to carers (carer allowance related) or one-off
3
payment to carers (carer payment related))", substitute:
4
, other than payments of:
5
(a) pension bonus; or
6
(b) one-off payment to the aged; or
7
(c) one-off payment to carers (carer payment related); or
8
(d) one-off payment to carers (carer allowance related); or
9
(e) 2005 one-off payment to carers (carer payment related); or
10
(f) 2005 one-off payment to carers (carer service pension
11
related); or
12
(g) 2005 one-off payment to carers (carer allowance related); or
13
(h) payments under the schemes referred to in subsections (1E)
14
and (1F).
15
14 Subsection 52-10(1D)
16
Repeal the subsection, substitute:
17
(1D) The following payments under the Social Security Act 1991 are
18
exempt from income tax:
19
(a) one-off payment to carers (carer payment related) (see
20
Part 2.5A of that Act);
21
(b) one-off payment to carers (carer allowance related) (see
22
Part 2.19A of that Act);
23
(c) 2005 one-off payment to carers (carer payment related) (see
24
Part 2.5B of that Act);
25
(d) 2005 one-off payment to carers (carer service pension
26
related) (see Part 2.5C of that Act);
27
(e) 2005 one-off payment to carers (carer allowance related) (see
28
Part 2.19B of that Act).
29
15 After subsection 52-10(1E)
30
Insert:
31
Schedule 1 2005 one-off payments to carers
Part 2 Related amendments
10 Social Security Legislation Amendment (One-off Payments for Carers) Bill 2005
No. , 2005
(1F) Payments to carers under the scheme determined under Schedule 2
1
to the Social Security Legislation Amendment (One-off Payments
2
for Carers) Act 2005 are exempt from income tax.
3
Social Security Act 1991
4
16 After paragraph 8(8)(jab)
5
Insert:
6
(jac) a payment under the scheme determined under Schedule 2 to
7
the Social Security Legislation Amendment (One-off
8
Payments for Carers) Act 2005;
9
Administrative scheme for 2005 one-off payments to carers Schedule 2
Social Security Legislation Amendment (One-off Payments for Carers) Bill 2005 No. ,
2005 11
1
Schedule 2--Administrative scheme for 2005
2
one-off payments to carers
3
4
1 Administrative scheme for 2005 one-off payments to carers
5
(1)
Subject to this item, the Minister may, by legislative instrument,
6
determine a scheme under which one-off payments may be made to
7
carers in particular circumstances. The Minister may, by legislative
8
instrument, vary or revoke the scheme.
9
(2)
The circumstances in which the scheme provides for payments must be
10
circumstances:
11
(a) in which the Minister considers that Parts 2.5B, 2.5C and
12
2.19B of the Social Security Act 1991 do not produce
13
appropriate results; and
14
(b) occurring in the financial year starting on 1 July 2004.
15
(3)
Without limiting the generality of subitem (1), the scheme may deal
16
with the following:
17
(a) the circumstances in which payments are to be made;
18
(b) the amount of the payments;
19
(c) what a person has to do to get a payment;
20
(d) administrative matters, such as determination of entitlement
21
and how and when payments will be made.
22
(4)
Payments under the scheme are to be made out of the Consolidated
23
Revenue Fund, which is appropriated accordingly.
24

 

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