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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
(Budget Repair) Bill 2015
No. , 2015
(Social Services)
A Bill for an Act to amend the law relating to social
security and veterans' entitlements, and for related
purposes
No. , 2015
Social Services Legislation Amendment (Budget Repair) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Proportional payment of pensions outside
Australia
3
Social Security Act 1991
3
Schedule 2--Pensioner education supplement
4
Part 1--Main amendments
4
Social Security Act 1991
4
Social Security (Administration) Act 1999
6
Part 2--Other amendments
8
A New Tax System (Family Assistance) Act 1999
8
Farm Household Support Act 2014
8
Income Tax Assessment Act 1997
8
Part 3--Application and saving provisions
9
Schedule 3--Education entry payment
11
Part 1--Main amendments
11
Social Security Act 1991
11
Social Security (Administration) Act 1999
11
Veterans' Entitlements Act 1986
12
Part 2--Other amendments
13
Farm Household Support Act 2014
13
Income Tax Assessment Act 1936
13
Income Tax Assessment Act 1997
13
Taxation Administration Act 1953
14
Part 3--Application and saving provisions
15
Schedule 4--Indexation
17
Social Security Act 1991
17
No. , 2015
Social Services Legislation Amendment (Budget Repair) Bill 2015
1
A Bill for an Act to amend the law relating to social
1
security and veterans' entitlements, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Social Services Legislation
6
Amendment (Budget Repair) 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
13
2
Social Services Legislation Amendment (Budget Repair) Bill 2015
No. , 2015
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 January 2017.
1 January 2017
3. Schedules 2
and 3
1 January 2016.
1 January 2016
4. Schedule 4
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Proportional payment of pensions outside Australia Schedule 1
No. , 2015
Social Services Legislation Amendment (Budget Repair) Bill 2015
3
Schedule 1--Proportional payment of
1
pensions outside Australia
2
3
Social Security Act 1991
4
1 Subsection 1214(1) (note 2)
5
Omit "26 weeks", substitute "6 weeks".
6
2 Paragraph 1220A(a)
7
Omit "26 weeks", substitute "6 weeks".
8
3 Paragraph 1220B(1)(a)
9
Omit "26 weeks", substitute "6 weeks".
10
4 Paragraph 1221(1)(a)
11
Omit "26 weeks", substitute "6 weeks".
12
5 Application provision
13
The amendments made by this Schedule apply in relation to periods of
14
absence from Australia starting on or after the commencement of this
15
item.
16
Schedule 2 Pensioner education supplement
Part 1 Main amendments
4
Social Services Legislation Amendment (Budget Repair) Bill 2015
No. , 2015
Schedule 2--Pensioner education supplement
1
Part 1--Main amendments
2
Social Security Act 1991
3
1 Subsection 7(6)
4
Omit "a pensioner education supplement,".
5
2 Subsection 17(1) (subparagraph (l)(v) of the definition of
6
compensation affected payment)
7
Repeal the subparagraph.
8
3 Subsection 17(1) (paragraph (l) of the definition of
9
compensation affected payment)
10
Omit "or supplement,".
11
4 Subsection 17(1) (paragraph (m) of the definition of
12
compensation affected payment)
13
Repeal the paragraph, substitute:
14
(m) a fares allowance, where the allowance or payment (the
15
underlying compensation affected payment) mentioned in
16
subparagraph 1061ZAAA(1)(b)(i), (ii) or (iii) is a
17
compensation affected payment to which any of
18
paragraphs (aa) to (k) of this definition applies; or
19
5 Subsection 19AB(2) (note at the end of the definition of
20
approved course of education or study)
21
Repeal the note.
22
6 Subsection 23(1) (definition of independent)
23
Repeal the definition, substitute:
24
independent, in Parts 2.11, 2.11B, 3.4A, 3.4B, 3.5 and 3.7, has the
25
meaning given by section 1067A.
26
Pensioner education supplement Schedule 2
Main amendments Part 1
No. , 2015
Social Services Legislation Amendment (Budget Repair) Bill 2015
5
7 Subsection 23(1) (paragraph (cb) of the definition of newly
1
arrived resident's waiting period)
2
Repeal the paragraph.
3
8 Subsection 23(1) (paragraph (a) of the definition of payday)
4
Omit ", a double orphan pension or a pensioner education supplement",
5
substitute "or a double orphan pension".
6
9 Subsection 23(1) (paragraph (a) of the definition of payday)
7
Omit ", supplement".
8
10 Paragraph 23(4AA)(c)
9
Repeal the paragraph.
10
11 Paragraphs 23(10F)(c) and (d)
11
Omit "paragraph 1061PB(1)(b)", substitute "subsection 541B(5)".
12
12 Section 119
13
Repeal the section.
14
13 Subsection 503AA(1)
15
Repeal the subsection.
16
14 Subsection 503AA(2)
17
Omit "(2)".
18
15 Subparagraph 569H(7)(g)(iii)
19
Omit ", 569A(b) or 1061PB(1)(b)", substitute "or 569A(b)".
20
16 Subsection 1049(1)
21
Repeal the subsection.
22
17 Part 2.24A
23
Repeal the Part.
24
18 At the end of subparagraph 1061ZAAA(1)(b)(iii)
25
Add "and".
26
Schedule 2 Pensioner education supplement
Part 1 Main amendments
6
Social Services Legislation Amendment (Budget Repair) Bill 2015
No. , 2015
19 Subparagraph 1061ZAAA(1)(b)(iv)
1
Repeal the subparagraph.
2
20 Section 1158
3
Omit ", a mobility allowance or a pensioner education supplement",
4
substitute "or a mobility allowance".
5
Social Security (Administration) Act 1999
6
21 Subsection 15(5) (paragraph (i) of the definition of
7
supplementary payment)
8
Omit "allowance; or", substitute "allowance.".
9
22 Subsection 15(5) (paragraph (j) of the definition of
10
supplementary payment)
11
Repeal the paragraph.
12
23 Subsection 50(3)
13
Repeal the subsection.
14
24 Paragraph 52(1)(h)
15
Repeal the paragraph.
16
25 Paragraphs 55(4A)(a) and (b)
17
Omit ", austudy payment or pensioner education supplement"
18
(wherever occurring), substitute "or austudy payment".
19
26 Section 123TC (paragraphs (i) and (o) of the definition of
20
category I welfare payment)
21
Repeal the paragraphs.
22
27 Section 123TC (paragraphs (d) and (i) of the definition of
23
category Q welfare payment)
24
Repeal the paragraphs.
25
28 Subclause 1(1) of Schedule 1 (paragraph (i) of the
26
definition of social security periodic payment)
27
Repeal the paragraph.
28
Pensioner education supplement Schedule 2
Main amendments Part 1
No. , 2015
Social Services Legislation Amendment (Budget Repair) Bill 2015
7
29 Clauses 30 to 32 of Schedule 2
1
Repeal the clauses.
2
Schedule 2 Pensioner education supplement
Part 2 Other amendments
8
Social Services Legislation Amendment (Budget Repair) Bill 2015
No. , 2015
Part 2--Other amendments
1
A New Tax System (Family Assistance) Act 1999
2
30 Subparagraph 14(1A)(b)(i)
3
Omit ", 17(1)(c)".
4
31 Paragraph 17(1)(c)
5
Repeal the paragraph.
6
Farm Household Support Act 2014
7
32 Paragraph 94(i)
8
Repeal the paragraph.
9
Income Tax Assessment Act 1997
10
33 Section 52-10 (table item 22A.1)
11
Repeal the item.
12
34 Section 52-40 (table item 22A)
13
Repeal the item.
14
Pensioner education supplement Schedule 2
Application and saving provisions Part 3
No. , 2015
Social Services Legislation Amendment (Budget Repair) Bill 2015
9
Part 3--Application and saving provisions
1
35 Application and saving provisions
2
(1)
Despite the amendments of the definition of compensation affected
3
payment in subsection 17(1) of the Social Security Act 1991 made by
4
Part 1 of this Schedule, Parts 3.6A and 3.14 of that Act continue to
5
apply as if those amendments had not been made.
6
(2)
Despite the amendments made by items 12, 13, 14 and 16, sections 119,
7
503AA and 1049 of the Social Security Act 1991, as in force
8
immediately before the commencement of this item, continue to apply
9
on and after that commencement in relation to working out whether an
10
approved program of work supplement, or language, literacy and
11
numeracy supplement, is payable in respect of a fortnight beginning
12
before that commencement.
13
(3)
Despite the amendment made by item 17, Part 2.24A of the Social
14
Security Act 1991, as in force immediately before the commencement of
15
this item, continues to apply on and after that commencement in relation
16
to days occurring before that commencement.
17
(4)
Despite the amendments made by items 18 and 19,
18
paragraph 1061ZAAA(1)(b) of the Social Security Act 1991, as in force
19
immediately before the commencement of this item, continues to apply
20
on and after that commencement in relation to a relevant period that
21
began before that commencement.
22
(5)
Despite the amendment made by item 20, section 1158 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 days occurring before that commencement.
26
(6)
Despite the amendments made by items 23 and 25, subsections 50(3)
27
and 55(4A) of the Social Security (Administration) Act 1999, as in force
28
immediately before the commencement of this item, continue to apply
29
on and after that commencement in relation to the payment of fares
30
allowance on or after that commencement, to the extent that payment is
31
being made because of the receipt of pensioner education supplement.
32
(7)
Despite the amendment made by item 24, paragraph 52(1)(h) of the
33
Social Security (Administration) Act 1999, as in force immediately
34
Schedule 2 Pensioner education supplement
Part 3 Application and saving provisions
10
Social Services Legislation Amendment (Budget Repair) Bill 2015
No. , 2015
before the commencement of this item, continues to apply on and after
1
that commencement in relation to the payment of pensioner education
2
supplement on or after that commencement.
3
(8)
Despite the amendments of the definitions of category I welfare
4
payment and category Q welfare payment in section 123TC of the
5
Social Security (Administration) Act 1999 made by Part 1 of this
6
Schedule, Part 3B of that Act continues to apply as if those amendments
7
had not been made.
8
(9)
Despite the amendments made by items 30 and 31,
9
subparagraph 14(1A)(b)(i) and paragraph 17(1)(c) of the A New Tax
10
System (Family Assistance) Act 1999, as in force immediately before
11
the commencement of this item, continue to apply on and after that
12
commencement in relation to working out whether an individual
13
satisfies the work/training/study test, or has recognised study
14
commitments, before, on or after that commencement.
15
(10)
Despite the amendment made by item 33, item 22A.1 of the table in
16
section 52-10 of the Income Tax Assessment Act 1997, as in force
17
immediately before the commencement of this item, continues to apply
18
on and after that commencement in relation to a payment of pensioner
19
education supplement before, on or after that commencement.
20
Education entry payment Schedule 3
Main amendments Part 1
No. , 2015
Social Services Legislation Amendment (Budget Repair) Bill 2015
11
Schedule 3--Education entry payment
1
Part 1--Main amendments
2
Social Security Act 1991
3
1 Subsection 17(1) (subparagraph (l)(iv) of the definition of
4
compensation affected payment)
5
Repeal the subparagraph.
6
2 Subsection 17(1) (paragraph (l) of the definition of
7
compensation affected payment)
8
Omit "allowance, payment", substitute "allowance,".
9
3 Part 2.13A
10
Repeal the Part.
11
4 Subsection 1222(2) (table item 7)
12
Repeal the item.
13
5 Paragraph 1223ABAAB(1)(a)
14
Omit "or an education entry payment supplement".
15
6 Paragraph 1223ABAAB(2)(e)
16
Omit "benefit; and", substitute "benefit.".
17
7 Paragraph 1223ABAAB(2)(h)
18
Repeal the paragraph.
19
8 Section 1224B
20
Repeal the section.
21
Social Security (Administration) Act 1999
22
9 Subsection 15(5) (paragraph (c) of the definition of
23
supplementary payment)
24
Repeal the paragraph.
25
Schedule 3 Education entry payment
Part 1 Main amendments
12
Social Services Legislation Amendment (Budget Repair) Bill 2015
No. , 2015
10 Subsection 47(1) (paragraph (d) of the definition of lump
1
sum benefit)
2
Repeal the paragraph.
3
11 Section 123TC (paragraph (c) of the definition of
4
household stimulus payment)
5
Repeal the paragraph.
6
Veterans' Entitlements Act 1986
7
12 Subsection 5NB(1) (paragraph (c) of the definition of
8
compensation affected pension)
9
Omit "age; or", substitute "age.".
10
13 Subsection 5NB(1) (paragraph (f) of the definition of
11
compensation affected pension)
12
Repeal the paragraph.
13
14 Subsection 59M(1)
14
Omit "pensions, supplements and payments", substitute "pensions and
15
supplements".
16
15 Paragraph 59M(1)(f)
17
Omit "supplement;", substitute "supplement.".
18
16 Paragraph 59M(1)(i)
19
Repeal the paragraph.
20
17 Subsection 59M(1) (note 2)
21
Omit "pensions, supplements, allowances and payments", substitute
22
"pensions and supplements".
23
18 Subsections 59M(2), (3) and (4)
24
Omit ", supplement or payment", substitute "or supplement".
25
19 Part VIIAA
26
Repeal the Part.
27
Education entry payment Schedule 3
Other amendments Part 2
No. , 2015
Social Services Legislation Amendment (Budget Repair) Bill 2015
13
Part 2--Other amendments
1
Farm Household Support Act 2014
2
20 Paragraph 94(e)
3
Repeal the paragraph.
4
Income Tax Assessment Act 1936
5
21 Subparagraph 160AAAA(2)(c)(i)
6
Omit "or education entry payment".
7
22 Subparagraph 160AAAB(2)(c)(i)
8
Omit "or education entry payment".
9
Income Tax Assessment Act 1997
10
23 Section 11-
15 (table item headed "social security or like
11
payments")
12
Omit:
13
education entry payment supplement under the Social
Security Act 1991..........................................................
52-10
24 Paragraph 51-35(e)
14
Omit "purposes;", substitute "purposes.".
15
25 Paragraph 51-35(f)
16
Repeal the paragraph.
17
26 Section 51-40
18
Repeal the section, substitute:
19
51-40 Payments to a secondary student
20
A
*
Commonwealth education or training payment made to or on
21
behalf of a student is not exempt from income tax under item 2.1B
22
of the table in section 51-10.
23
Schedule 3 Education entry payment
Part 2 Other amendments
14
Social Services Legislation Amendment (Budget Repair) Bill 2015
No. , 2015
Note:
The whole or part of a Commonwealth education or training payment
1
may be exempt under Subdivision 52-E or 52-F.
2
27 Paragraph 52-10(1)(za)
3
Repeal the paragraph.
4
28 Subsection 52-10(1J)
5
Repeal the subsection.
6
29 Section 55-10
7
Repeal the section.
8
Taxation Administration Act 1953
9
30 Paragraph 12-110(1)(c) in Schedule 1
10
Omit ", 55-5 or 55-10", substitute "or 55-5".
11
Education entry payment Schedule 3
Application and saving provisions Part 3
No. , 2015
Social Services Legislation Amendment (Budget Repair) Bill 2015
15
Part 3--Application and saving provisions
1
31 Application and saving provisions
2
(1)
Despite the amendments of the definition of compensation affected
3
payment in subsection 17(1) of the Social Security Act 1991 made by
4
Part 1 of this Schedule, Parts 3.6A and 3.14 of that Act continue to
5
apply as if those amendments had not been made.
6
(2)
Despite the amendment made by item 3, Part 2.13A of the Social
7
Security Act 1991, as in force immediately before the commencement of
8
this item, continues to apply on and after that commencement in relation
9
to the 2015 calendar year and earlier calendar years.
10
(3)
Despite the amendments made by items 5 to 8, sections 1223ABAAB
11
and 1224B of the Social Security Act 1991, as in force immediately
12
before the commencement of this item, continue to apply on and after
13
that commencement in relation to payments of education entry payment
14
supplement or education entry payment made before, on or after that
15
commencement.
16
(4)
Despite the amendments of the definition of compensation affected
17
pension in subsection 5NB(1) of the Veterans' Entitlements Act 1986
18
made by Part 1 of this Schedule, Part IIIC of that Act continues to apply
19
as if those amendments had not been made.
20
(5)
Despite the amendment made by item 19, Part VIIAA of the Veterans'
21
Entitlements Act 1986, as in force immediately before the
22
commencement of this item, continues to apply on and after that
23
commencement in relation to the 2015 calendar year and earlier
24
calendar years.
25
(6)
Despite the amendments made by items 21 and 22,
26
subparagraphs 160AAAA(2)(c)(i) and 160AAAB(2)(c)(i) of the Income
27
Tax Assessment Act 1936, as in force immediately before the
28
commencement of this item, continue to apply on and after that
29
commencement in relation to payments of education entry payment
30
made before, on or after that commencement.
31
(7)
Despite the amendments made by items 25, 26 and 29,
32
paragraph 51-35(f) and sections 51-40 and 55-10 of the Income Tax
33
Assessment Act 1997, as in force immediately before the
34
Schedule 3 Education entry payment
Part 3 Application and saving provisions
16
Social Services Legislation Amendment (Budget Repair) Bill 2015
No. , 2015
commencement of this item, continue to apply on and after that
1
commencement in relation to payments of education entry payment
2
made before, on or after that commencement.
3
(8)
Despite the amendment made by item 28, subsection 52-10(1J) of the
4
Income Tax Assessment Act 1997, as in force immediately before the
5
commencement of this item, continues to apply on and after that
6
commencement in relation to payments of education entry payment
7
supplement made before that commencement.
8
Indexation Schedule 4
No. , 2015
Social Services Legislation Amendment (Budget Repair) Bill 2015
17
Schedule 4--Indexation
1
2
Social Security Act 1991
3
1 After subsection 1192(4AB)
4
Insert:
5
(4AC) Amounts under item 14AAA of the CPI Indexation Table in
6
subsection 1191(1) are not to be indexed on 1 July 2016, 1 July
7
2017 and 1 July 2018.
8
2 After subsection 1192(5)
9
Insert:
10
(5AAA) The amount under item 14 of the CPI Indexation Table in
11
subsection 1191(1), to the extent to which that item relates to the
12
amount in column 2 of Table E in point 1068A-E14 of the Pension
13
PP (Single) Rate Calculator, is not to be indexed on 1 July 2016,
14
1 July 2017 and 1 July 2018.
15
(5AAB) Amounts under items 14AA, 14AB, 15 and 24 of the CPI
16
Indexation Table in subsection 1191(1) are not to be indexed on
17
1 January 2016, 1 January 2017 and 1 January 2018.
18