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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
(Family Payments Structural Reform
and Participation 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 (Family Payments Structural
Reform and Participation Measures) Bill 2015
i
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedules ............................................................................................ 2
Schedule 1--Payme nt rates
3
Part 1--Family tax benefit
3
A New Tax System (Family Assistance) Act 1999
3
Part 2--Youth allowance and disability support pension
4
Social Security Act 1991
4
Schedule 2--Family tax benefit Part B rate
8
A New Tax System (Family Assistance) Act 1999
8
Schedule 3--Family tax benefit supple ments
12
Part 1--Amendments commencing 1 July 2016
12
A New Tax System (Family Assistance) Act 1999
12
Part 2--Amendments commencing 1 July 2017
13
A New Tax System (Family Assistance) Act 1999
13
Part 3--Amendments commencing 1 July 2018
14
A New Tax System (Family Assistance) Act 1999
14
A New Tax System (Family Assistance) (Administration) Act 1999
15
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 (Family Payments Structural Reform and
7
Participation Measures) Act 2015.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2
Social Services Legislation Amendment (Family Payments Structural
Reform and Participation 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. Schedule 1
1 July 2018.
1 July 2018
3. Schedule 2
1 July 2016.
1 July 2016
4. Schedule 3,
Part 1
1 July 2016.
1 July 2016
5. Schedule 3,
Part 2
1 July 2017.
1 July 2017
6. Schedule 3,
Part 3
1 July 2018.
1 July 2018
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
Payment rates Schedule 1
Family tax benefit Part 1
No. , 2015
Social Services Legislation Amendment (Family Payments Structural
Reform and Participation Measures) Bill 2015
3
Schedule 1--Payment rates
1
Part 1--Family tax benefit
2
A New Tax System (Family Assistance) Act 1999
3
1 At the end of Part 2 of Schedule 4
4
Add:
5
7 One-off adjustment on 1 July 2018 of FTB child rate (A1)
6
This Act has effect as if, on 1 July 2018, each indexed amount of
7
FTB child rate (A1) that is substituted under subclause 4(1) for
8
another amount on that day were in turn substituted with an
9
amount equal to the indexed amount plus $262.80.
10
Note:
In indexing each FTB child rate (A1) amount on 1 July 2019, the
11
current figure for that amount immediately before that day will be the
12
amount substituted under this clause.
13
2 Application provision
14
The amendment made by this Part applies in relation to working out the
15
rate of family tax benefit for days on or after the commencement of this
16
Part.
17
Schedule 1 Payment rates
Part 2 Youth allowance and disability support pension
4
Social Services Legislation Amendment (Family Payments Structural
Reform and Participation Measures) Bill 2015
No. , 2015
Part 2--Youth allowance and disability support
1
pension
2
Social Security Act 1991
3
3 Point 1066A-B1 (table item 1, column 3)
4
Omit "$4,001.40", substitute "annual linked rate".
5
4 Point 1066A-B1 (table item 1, column 4)
6
Omit "$153.90", substitute "fortnightly linked rate".
7
5 Point 1066A-B1 (note 4)
8
After "column 3", insert "of items 2, 3, 4, 5 and 6".
9
6 Section 1066A (at the end of Module B of the Pension Rate
10
Calculator D)
11
Add:
12
1066A-B2 For the purposes of column 3 of item 1 of the table in point
13
1066A-B1, the annual linked rate is the amount applicable under
14
column 2 of item 2 of the table in clause 7 of Schedule 1 to the
15
Family Assistance Act.
16
1066A-B3 For the purposes of column 4 of item 1 of the table in point
17
1066A-B1, the fortnightly linked rate is the amount worked out
18
under the formula:
19
14
Amount applicable under column 3 of that item
365
20
7 Point 1066B-B1 (table item 1, column 3)
21
Omit "$4,001.40", substitute "annual linked rate".
22
8 Point 1066B-B1 (table item 1, column 4)
23
Omit "$153.90", substitute "fortnightly linked rate".
24
Payment rates Schedule 1
Youth allowance and disability support pension Part 2
No. , 2015
Social Services Legislation Amendment (Family Payments Structural
Reform and Participation Measures) Bill 2015
5
9 Point 1066B-B1 (note 4)
1
After "column 3", insert "of items 2, 3, 4, 5 and 6".
2
10 Section 1066B (at the end of Module B of the Pension Rate
3
Calculator E)
4
Add:
5
1066B-B2 For the purposes of column 3 of item 1 of the table in point
6
1066B-B1, the annual linked rate is the amount applicable under
7
column 2 of item 2 of the table in clause 7 of Schedule 1 to the
8
Family Assistance Act.
9
1066B-B3 For the purposes of column 4 of item 1 of the table in point
10
1066B-B1, the fortnightly linked rate is the amount worked out
11
under the formula:
12
14
Amount applicable under column 3 of that item
365
13
11 Point 1067G-B2 (table item 1, column 3)
14
Omit "$145.40", substitute "linked rate".
15
12 Point 1067G-B2 (note)
16
After "column 3", insert "of items 2 and 3".
17
13 After point 1067G-B2
18
Insert:
19
1067G-B2A For the purposes of column 3 of item 1 of the table in point
20
1067G-B2, the linked rate is the amount worked out under the
21
formula:
22
14
FTB child rate
365
23
where:
24
FTB child rate is the amount applicable under column 2 of item 2
25
of the table in clause 7 of Schedule 1 to the Family Assistance Act.
26
Schedule 1 Payment rates
Part 2 Youth allowance and disability support pension
6
Social Services Legislation Amendment (Family Payments Structural
Reform and Participation Measures) Bill 2015
No. , 2015
14 Point 1067G-B3 (table items 1 and 3, column 3)
1
Omit "$145.40", substitute "linked rate".
2
15 Point 1067G-B3 (note)
3
After "column 3", insert "of items 2, 4, 5, 6, 7 and 8".
4
16 After point 1067G-B3
5
Insert:
6
1067G-B3AAA For the purposes of column 3 of items 1 and 3 of the table in
7
point 1067G-B3, the linked rate is the amount worked out under
8
the formula:
9
14
FTB child rate
365
10
where:
11
FTB child rate is the amount applicable under column 2 of item 2
12
of the table in clause 7 of Schedule 1 to the Family Assistance Act.
13
17 Section 1190 (table item 1B, column 4)
14
Omit "[Pension Rate Calculator D--point 1066A-B1--Table B--
15
column 3--all amounts]", substitute "[Pension Rate Calculator D--
16
point 1066A-B1--Table B--column 3--items 2, 3, 4, 5 and 6]".
17
18 Section 1190 (table item 1B, column 4)
18
Omit "[Pension Rate Calculator E--point 1066B-B1--Table B--
19
column 3--all amounts]", substitute "[Pension Rate Calculator E--
20
point 1066B-B1--Table B--column 3--items 2, 3, 4, 5 and 6]".
21
19 Section 1190 (table item 3A, column 4)
22
Omit "[Youth Allowance Rate Calculator--point 1067G-B2--Table
23
BA--column 3--all amounts]", substitute "[Youth Allowance Rate
24
Calculator--point 1067G-B2--Table BA--column 3--items 2 and 3]".
25
Payment rates Schedule 1
Youth allowance and disability support pension Part 2
No. , 2015
Social Services Legislation Amendment (Family Payments Structural
Reform and Participation Measures) Bill 2015
7
20 Section 1190 (table item 3A, column 4)
1
Omit "[Youth Allowance Rate Calculator--point 1067G-B3--Table
2
BB--column 3--all amounts]", substitute "[Youth Allowance Rate
3
Calculator--point 1067G-B3--Table BB--column 3--items 2, 4, 5, 6,
4
7 and 8]".
5
21 Section 1198B (table item 3)
6
Repeal the item.
7
22 Application provision
8
The amendments made by this Part apply in relation to working out the
9
rate of youth allowance or disability support pension for days on or after
10
the commencement of this Part.
11
Schedule 2 Family tax benefit Part B rate
8
Social Services Legislation Amendment (Family Payments Structural
Reform and Participation Measures) Bill 2015
No. , 2015
Schedule 2--Family tax benefit Part B rate
1
2
A New Tax System (Family Assistance) Act 1999
3
1 Before subparagraph 22B(1)(a)(i)
4
Insert:
5
(ia) for the purposes of subclause 29(3) of Schedule 1--the
6
individual is aged 16 and the calendar year in which the
7
individual turned 16 has not ended;
8
2 Subparagraph 22B(1)(a)(i)
9
Omit "29(3) or".
10
3 Subparagraph 22B(1)(a)(ii)
11
Omit "any other provision of this Act", substitute "a provision of this
12
Act other than subclause 29(3) or 36(2) of Schedule 1".
13
4 At the end of Subdivision AA of Division 1 of Part 4 of
14
Schedule 1
15
Add:
16
28D Member of a couple whose youngest FTB child has turned 13
17
(1) Despite Subdivisions A and B, an individual's Part B rate is nil if:
18
(a) the individual is a member of a couple; and
19
(b) the youngest FTB child of the individual has turned 13 years
20
of age.
21
(2) Subclause (1) does not apply if the individual is a grandparent of
22
that FTB child.
23
(3) In determining, for the purposes of this clause, whether an
24
individual is a grandparent of another person, treat the following
25
relationships as if they were biological child-parent relationships:
26
(a) the relationship between an adopted child and his or her
27
adoptive parent;
28
(b) the relationship between a step-child and his or her
29
step-parent;
30
Family tax benefit Part B rate Schedule 2
No. , 2015
Social Services Legislation Amendment (Family Payments Structural
Reform and Participation Measures) Bill 2015
9
(c) the relationship between a relationship child and his or her
1
relationship parent.
2
(4) In this clause:
3
adoptive parent, of a person (the child), means the person who
4
adopted the child under a law of any place (whether in Australia or
5
not) relating to the adoption of children.
6
step-parent, of a person (the child), means the person who:
7
(a) is the current or former partner of the biological parent,
8
adoptive parent or relationship parent of the child; and
9
(b) is not the biological parent, adoptive parent or relationship
10
parent of the child.
11
5 Subclause 29(3) of Schedule 1
12
Omit "neither item 1 nor item 2", substitute "none of the items".
13
6 Clause 30 of Schedule 1
14
Repeal the clause, substitute:
15
30 Standard rate
16
(1) Subject to clause 31, an individual's standard rate is worked out
17
using the following table. Work out which family situation applies
18
to the individual. The standard rate is the corresponding amount in
19
column 2.
20
21
Standard rates (Part B)
Column 1
Family situation
Column 2
Standard rate
1 youngest FTB child is under 1 year of age
amount worked out
under subclause (2)
2 youngest FTB child is at least 1 year of
age but less than 5 years of age
amount worked out
under subclause (3)
3 youngest FTB child is at least 5 years of
age but less than 13 years of age
amount worked out
under subclause (4)
4 youngest FTB child is at least 13 years of
age but less than 17 years of age
$1,000.10
Schedule 2 Family tax benefit Part B rate
10
Social Services Legislation Amendment (Family Payments Structural
Reform and Participation Measures) Bill 2015
No. , 2015
Note 1:
If the individual's youngest FTB child has turned 16 and is not a
1
senior secondary school child, the child is to be disregarded, so that
2
the individual's Part B rate may be nil, under subclause 29(3).
3
Note 2:
If the individual's youngest FTB child has turned 13 years of age and
4
the individual is a member of a couple, the individual's Part B rate is
5
nil (unless the individual is a grandparent of that FTB child): see
6
clause 28D.
7
(2) For the purposes of column 2 of item 1 of the table in
8
subclause (1), the amount is the sum of the following amounts:
9
(a) the amount that would have been the indexed amount for the
10
amount (the old amount) applicable under column 2 of
11
item 1 of the table in this clause, as in force immediately
12
before 1 July 2016, if the old amount had been indexed on
13
1 July 2016;
14
(b) $1,000.10.
15
(3) For the purposes of column 2 of item 2 of the table in
16
subclause (1), the amount is the amount that would have been the
17
indexed amount for the amount (the old amount) applicable under
18
column 2 of item 1 of the table in this clause, as in force
19
immediately before 1 July 2016, if the old amount had been
20
indexed on 1 July 2016.
21
(4) For the purposes of column 2 of item 3 of the table in
22
subclause (1), the amount is the amount that would have been the
23
indexed amount for the amount (the old amount) applicable under
24
column 2 of item 2 of the table in this clause, as in force
25
immediately before 1 July 2016, if the old amount had been
26
indexed on 1 July 2016.
27
7 Clause 2 of Schedule 4 (cell at table item 9, column 3)
28
Omit "clause 30", substitute "subclause 30(1)".
29
8 Subclause 3(1) of Schedule 4 (cell at table item 9, column 4)
30
Omit "1999", substitute "2015".
31
9 After subclause 3(2) of Schedule 4
32
Insert:
33
(2A) The FTB standard rate (B) is not to be indexed on 1 July 2016.
34
Family tax benefit Part B rate Schedule 2
No. , 2015
Social Services Legislation Amendment (Family Payments Structural
Reform and Participation Measures) Bill 2015
11
10 Application and transitional provisions
1
(1)
The amendments made by this Schedule apply in relation to working
2
out the rate of family tax benefit for days on or after the commencement
3
of this Schedule.
4
(2)
The first indexation under Part 2 of Schedule 4 to the A New Tax System
5
(Family Assistance) Act 1999 of an amount under column 2 of item 1, 2,
6
3 or 4 of the table in subclause 30(1) of Schedule 1 to that Act, as
7
amended by this Act, is to take place on 1 July 2017. That Part applies
8
on 1 July 2017 as if the FTB standard rate (B) had not yet been indexed
9
or adjusted under that Schedule.
10
Schedule 3 Family tax benefit supplements
Part 1 Amendments commencing 1 July 2016
12
Social Services Legislation Amendment (Family Payments Structural
Reform and Participation Measures) Bill 2015
No. , 2015
Schedule 3--Family tax benefit supplements
1
Part 1--Amendments commencing 1 July 2016
2
A New Tax System (Family Assistance) Act 1999
3
1 Subclauses 31A(2) and (3) of Schedule 1
4
Repeal the subclauses, substitute:
5
(2) For the purposes of subclause (1), the FTB (B) gross supplement
6
amount is $302.95.
7
2 Subclauses 38A(3) and (4) of Schedule 1
8
Repeal the subclauses, substitute:
9
(3) For the purposes of subclause (2), the FTB gross supplement
10
amount is $602.25.
11
3 Clause 2 of Schedule 4 (table items 8A and 9A)
12
Repeal the items.
13
4 Subclause 3(1) of Schedule 4 (table items 8A and 9A)
14
Repeal the items.
15
5 Application provision
16
The amendments made by this Part apply in relation to working out the
17
rate of family tax benefit for days on or after the commencement of this
18
Part.
19
Family tax benefit supplements Schedule 3
Amendments commencing 1 July 2017 Part 2
No. , 2015
Social Services Legislation Amendment (Family Payments Structural
Reform and Participation Measures) Bill 2015
13
Part 2--Amendments commencing 1 July 2017
1
A New Tax System (Family Assistance) Act 1999
2
6 Subclause 31A(2) of Schedule 1
3
Repeal the subclause, substitute:
4
(2) For the purposes of subclause (1), the FTB (B) gross supplement
5
amount is $153.30.
6
7 Subclause 38A(3) of Schedule 1
7
Repeal the subclause, substitute:
8
(3) For the purposes of subclause (2), the FTB gross supplement
9
amount is $302.95.
10
8 Application provision
11
The amendments made by this Part apply in relation to working out the
12
rate of family tax benefit for days on or after the commencement of this
13
Part.
14
Schedule 3 Family tax benefit supplements
Part 3 Amendments commencing 1 July 2018
14
Social Services Legislation Amendment (Family Payments Structural
Reform and Participation Measures) Bill 2015
No. , 2015
Part 3--Amendments commencing 1 July 2018
1
A New Tax System (Family Assistance) Act 1999
2
9 Subsection 3(1) (paragraph (b) of the definition of
3
receiving)
4
Omit ", section 61A of this Act".
5
10 Subsection 6(1)
6
Repeal the subsection, substitute:
7
(1) This section states when the child of an individual (the adult)
8
meets the immunisation requirements for the purposes of
9
determining whether the adult is eligible for child care benefit
10
under Division 4 of Part 3.
11
11 Subsection 58(1)
12
Omit "to 61B", substitute "and 61".
13
12 Sections 61A and 61B
14
Repeal the sections.
15
13 Clause 3 of Schedule 1 (method statement, step 1,
16
paragraph (ca))
17
Repeal the paragraph.
18
14 Clause 24N of Schedule 1 (method statement, step 4)
19
Repeal the step.
20
15 Clause 24R of Schedule 1
21
Repeal the clause.
22
16 Clause 25 of Schedule 1 (method statement, step 1,
23
paragraph (d))
24
Repeal the paragraph.
25
Family tax benefit supplements Schedule 3
Amendments commencing 1 July 2018 Part 3
No. , 2015
Social Services Legislation Amendment (Family Payments Structural
Reform and Participation Measures) Bill 2015
15
17 Paragraph 29(1)(b) of Schedule 1
1
Repeal the paragraph.
2
18 Subclause 29(2) of Schedule 1 (method statement, step 1,
3
paragraph (b))
4
Repeal the paragraph.
5
19 Paragraph 29A(2)(b) of Schedule 1
6
Repeal the paragraph.
7
20 Division 2A of Part 4 of Schedule 1
8
Repeal the Division.
9
21 Division 2A of Part 5 of Schedule 1
10
Repeal the Division.
11
A New Tax System (Family Assistance) (Administration) Act
12
1999
13
22 Section 32A
14
Repeal the section.
15
23 Section 32B
16
Omit "For", substitute "If an individual (the first individual) is entitled,
17
because of a determination under section 16 or 17, to be paid family tax
18
benefit at a particular rate in respect of a period (a same-rate benefit
19
period) that consists of, or is included in, a particular income year (the
20
relevant income year), then, for".
21
24 Subsection 35D(4) (definition of adjusted Part A rate)
22
Repeal the definition, substitute:
23
adjusted Part A rate, in relation to an individual, means the
24
individual's Part A rate disregarding any reduction under clause 5
25
or 25A of Schedule 1 to the Family Assistance Act.
26
Schedule 3 Family tax benefit supplements
Part 3 Amendments commencing 1 July 2018
16
Social Services Legislation Amendment (Family Payments Structural
Reform and Participation Measures) Bill 2015
No. , 2015
25 Section 105A
1
Repeal the section.
2
26 Subsection 107(1)
3
Omit "subsections (3), (3A), (3B), (3C) and (3D)", substitute
4
"subsection (3)".
5
27 Subsections 107(3A) to (3D)
6
Repeal the subsections.
7
28 Subparagraph 109D(4)(c)(ii)
8
Omit "review; or", substitute "review.".
9
29 Paragraphs 109D(4)(d) to (g)
10
Repeal the paragraphs.
11
30 Subparagraph 109E(3)(c)(ii)
12
Omit "review; or", substitute "review.".
13
31 Paragraphs 109E(3)(d) to (g)
14
Repeal the paragraphs.
15
32 Application provision
16
The amendments made by this Part apply in relation to working out the
17
rate of family tax benefit for days on or after the commencement of this
18
Part.
19