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SOCIAL SECURITY LEGISLATION AMENDMENT (FAMILY PARTICIPATION MEASURES) BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Social Security Legislation Amendment
(Family Participation Measures) Bill
2011
No. , 2011
(Education, Employment and Workplace Relations)
A Bill for an Act to amend the social security law,
and for related purposes
i Social Security Legislation Amendment (Family Participation Measures) Bill 2011 No.
, 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
1
Schedule 1--Amendments
3
Social Security Act 1991
3
Social Security (Administration) Act 1999
5
Social Security Legislation Amendment (Family Participation Measures) Bill 2011 No. ,
2011 1
A Bill for an Act to amend the social security law,
1
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 (Family Participation Measures) Act 2011.
6
2 Commencement
7
This Act commences on 1 January 2012.
8
3 Schedule(s)
9
Each Act that is specified in a Schedule to this Act is amended or
10
repealed as set out in the applicable items in the Schedule
11
2 Social Security Legislation Amendment (Family Participation Measures) Bill 2011
No. , 2011
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amendments Schedule 1
Social Security Legislation Amendment (Family Participation Measures) Bill 2011 No. ,
2011 3
Schedule 1--Amendments
1
2
Social Security Act 1991
3
1 Subsection 23(1) (definition of subject to participation
4
requirements)
5
After "paragraph 500(1)(c)", insert "or (1)(ca)".
6
2 After paragraph 500(1)(c)
7
Insert:
8
(ca) in a case where the person is in a class of persons specified
9
by legislative instrument under subsection (2)--the person
10
meets any participation requirements that apply to the person
11
under section 500A; and
12
3 At the end of section 500
13
Add:
14
(2) For the purposes of paragraph (1)(ca), the Minister may, by
15
legislative instrument, specify a class of persons.
16
4 After subsection 501A(1)
17
Insert:
18
(1A) Without limiting the requirements that a Parenting Payment
19
Employment Pathway Plan may contain, a plan relating to a person
20
to whom paragraph 500(1)(ca) applies may contain requirements
21
relating to one or more of the following:
22
(a) the person's education;
23
(b) the health of a PP child of the person;
24
(c) the education of a PP child of the person.
25
5 After subsection 502D(3)
26
Insert:
27
(3AA) Despite subsection (3), the Secretary must not make a
28
determination under that subsection in relation to a person to whom
29
paragraph 500(1)(ca) applies.
30
Schedule 1 Amendments
4 Social Security Legislation Amendment (Family Participation Measures) Bill 2011
No. , 2011
6 After subsection 502D(3A)
1
Insert:
2
(3AB) Despite subsection (3A), the Secretary must not make a
3
determination under that subsection in relation to a person to whom
4
paragraph 500(1)(ca) applies.
5
7 Paragraph 729(2)(bc)
6
After "paragraph 500(1)(c)", insert "or (1)(ca)".
7
8 After subsection 1223(1C)
8
Insert:
9
Some parenting payment overpayments are not debts
10
(2)
If:
11
(a) an amount has been paid to a person by way of parenting
12
payment; and
13
(b) the person is someone to whom paragraph 500(1)(ca) applies;
14
and
15
(c) the amount was paid on the basis that the person was
16
qualified for parenting payment when the person was not
17
qualified only because the person failed to meet one or more
18
participation requirements that applied to the person under
19
section 500A;
20
the amount is not a debt due to the Commonwealth.
21
9 After subsection 1223(7)
22
Insert:
23
Some parenting payment supplements are not debts
24
(7A) Despite subsection (7), if:
25
(a) an amount has been paid to a person by way of parenting
26
payment; and
27
(b) the person is someone to whom paragraph 500(1)(ca) applies;
28
and
29
(c) when the amount was calculated, the rate of the person's
30
parenting payment was increased by an amount (a
31
supplement amount) of any of the following:
32
Amendments Schedule 1
Social Security Legislation Amendment (Family Participation Measures) Bill 2011 No. ,
2011 5
(i) approved program of work supplement;
1
(ii)
training
supplement;
2
(iii) National Green Jobs Corps supplement; and
3
(d) the amount of parenting payment was paid on the basis that
4
the person was qualified for parenting payment when the
5
person was not qualified only because the person failed to
6
meet one or more participation requirements that applied to
7
the person under section 500A;
8
the supplement amount is not a debt due to the Commonwealth.
9
Social Security (Administration) Act 1999
10
10 After paragraph 42C(4)(b)
11
Insert:
12
(ba) the person is someone to whom section 42SB applies; or
13
11 After paragraph 42E(4)(d)
14
Insert:
15
(da) the person is someone to whom section 42SB applies; or
16
12 Subsection 42H(3)
17
Repeal the subsection, substitute:
18
Limitation on determining reconnection failures
19
(3) Despite subsection (1), the Secretary must not determine that a
20
person commits a reconnection failure if:
21
(a) the person satisfies the Secretary that the person has a
22
reasonable excuse for the failure; or
23
(b) the person is someone to whom section 42SB applies.
24
Note:
The Secretary must take certain matters into account for the purposes
25
of paragraph (a) (see section 42U). For the purposes of paragraph (a),
26
see also section 42UA (about prior notification of excuses).
27
13 At the end of subsection 42M(3)
28
Add:
29
; or (c) if the person is someone to whom section 42SB applies.
30
14 Subsection 42N(2)
31
Schedule 1 Amendments
6 Social Security Legislation Amendment (Family Participation Measures) Bill 2011
No. , 2011
Repeal the subsection, substitute:
1
(2) Despite subsection (1), the Secretary must not determine that a
2
person commits a serious failure under that subsection if:
3
(a) the person satisfies the Secretary that the person has a
4
reasonable excuse for the failure; or
5
(b) the person is someone to whom section 42SB applies.
6
Note:
The Secretary must take certain matters into account for the purposes
7
of paragraph (a) (see section 42U).
8
15 Subsection 42S(2)
9
Repeal the subsection, substitute:
10
(2) Despite paragraph (1)(a), the Secretary must not make a
11
determination under that paragraph in relation to a person if:
12
(a) the Secretary is satisfied that the voluntary act was
13
reasonable; or
14
(b) the person is someone to whom section 42SB applies.
15
16 After subsection 42SA(1)
16
Insert:
17
(1A) Despite subsection (1), the Secretary must not make a
18
determination under that subsection that a participation payment is
19
not payable to a person if the person is someone to whom
20
section 42SB applies.
21
17 After Subdivision EA of Division 3A of Part 3
22
Insert:
23
Subdivision EB--Failures by certain recipients of parenting
24
payments
25
42SB Suspension of payments for certain failures
26
(1) This section applies in relation to a person who:
27
(a) is receiving a participation payment that is a parenting
28
payment; and
29
(b) is someone to whom paragraph 500(1)(ca) of the 1991 Act
30
applies.
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Amendments Schedule 1
Social Security Legislation Amendment (Family Participation Measures) Bill 2011 No. ,
2011 7
(2) The Secretary may determine that the parenting payment is not
1
payable to the person if:
2
(a) the person fails to comply with a requirement that was
3
notified to the person under subsection 63(2) or (4); or
4
(b) the person fails to comply with a requirement under
5
section 501 of the 1991 Act to enter into an employment
6
pathway plan; or
7
(c) the person fails to participate, on a day, in an activity that the
8
person is required to undertake by an employment pathway
9
plan that is in force in relation to the person; or
10
(d) the person fails to attend an appointment that the person is
11
required to attend by an employment pathway plan that is in
12
force in relation to the person.
13
(3) The parenting payment is not payable to the person for the period
14
beginning on the day the person first commits the failure and
15
ending at the end of:
16
(a) the day before the day on which the person notifies the
17
Secretary that the person intends to comply with the
18
requirement; or
19
(b) if the Secretary determines that an earlier day is more
20
appropriate than the day that would otherwise apply under
21
paragraph (a)--that earlier day.
22
(4) If a period ends under subsection (3) in relation to the person, then,
23
subject to the social security law, the parenting payment becomes
24
payable to the person for that period.
25
18 Paragraph 42U(1)(c)
26
Omit "subsection 42H(3)", substitute "paragraph 42H(3)(a)".
27
19 Paragraph 42U(1)(d)
28
Omit "subsection 42N(2)", substitute "paragraph 42N(2)(a)".
29
20 Subsection 42UA(2)
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Omit "subsection 42H(3)", substitute "42H(3)(a)".
31
21 Application
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Schedule 1 Amendments
8 Social Security Legislation Amendment (Family Participation Measures) Bill 2011
No. , 2011
Paragraph 500(1)(ca) of the Social Security Act 1991, as inserted by this
1
Schedule, applies for the purpose of determining whether a person is
2
qualified for parenting payment for a period beginning on or after
3
1 January 2012.
4
22 Saving provision
5
The amendments of section 502D of the Social Security Act 1991 made
6
by this Schedule do not affect the validity, after 1 January 2012, of a
7
determination made under that section before that date.
8

 

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