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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Budget Repair) Bill 2016
No. , 2016
(Social Services)
A Bill for an Act to amend the law relating to social
security and veterans' entitlements, and for related
purposes
No. , 2016
Social Services Legislation Amendment (Budget Repair) Bill 2016
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. , 2016
Social Services Legislation Amendment (Budget Repair) Bill 2016
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 is the Social Services Legislation Amendment (Budget
6
Repair) Act 2016.
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 2016
No. , 2016
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
As follows:
(a) if this Act receives the Royal Assent
before 1 January 2017--1 January 2017;
(b) if this Act receives the Royal Assent on
or after 1 January 2017--the first
1 January, 1 April, 1 July or 1 October to
occur after the day this Act receives the
Royal Assent.
3. Schedules 2
and 3
The first 1 January or 1 July to occur after
the day this Act receives the Royal Assent.
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. , 2016
Social Services Legislation Amendment (Budget Repair) Bill 2016
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 2016
No. , 2016
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. , 2016
Social Services Legislation Amendment (Budget Repair) Bill 2016
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 2016
No. , 2016
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 Subsection 124PD(1) (subparagraphs (a)(xiv) and (xxiii) of
26
the definition of restrictable payment)
27
Repeal the subparagraphs.
28
Pensioner education supplement Schedule 2
Main amendments Part 1
No. , 2016
Social Services Legislation Amendment (Budget Repair) Bill 2016
7
29 Subclause 1(1) of Schedule 1 (paragraph (i) of the
1
definition of social security periodic payment)
2
Repeal the paragraph.
3
30 Clauses 30 to 32 of Schedule 2
4
Repeal the clauses.
5
Schedule 2 Pensioner education supplement
Part 2 Other amendments
8
Social Services Legislation Amendment (Budget Repair) Bill 2016
No. , 2016
Part 2--Other amendments
1
A New Tax System (Family Assistance) Act 1999
2
31 Subparagraph 14(1A)(b)(i)
3
Omit ", 17(1)(c)".
4
32 Paragraph 17(1)(c)
5
Repeal the paragraph.
6
Farm Household Support Act 2014
7
33 Paragraph 94(i)
8
Repeal the paragraph.
9
Income Tax Assessment Act 1997
10
34 Section 52-10 (table item 22A.1)
11
Repeal the item.
12
35 Section 52-40 (table item 22A)
13
Repeal the item.
14
Pensioner education supplement Schedule 2
Application and saving provisions Part 3
No. , 2016
Social Services Legislation Amendment (Budget Repair) Bill 2016
9
Part 3--Application and saving provisions
1
36 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 2016
No. , 2016
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 made by items 26 to 28, Parts 3B and 3D of
4
the Social Security (Administration) Act 1999, as in force immediately
5
before the commencement of this item, continue to apply on and after
6
that commencement in relation to the following payments made before,
7
on or after that commencement:
8
(a) a payment of pensioner education supplement;
9
(b) a payment under the scheme known as the ABSTUDY
10
scheme that includes an amount identified as pensioner
11
education supplement.
12
(9)
Despite the amendments made by items 31 and 32,
13
subparagraph 14(1A)(b)(i) and paragraph 17(1)(c) of the A New Tax
14
System (Family Assistance) Act 1999, as in force immediately before
15
the commencement of this item, continue to apply on and after that
16
commencement in relation to working out whether an individual
17
satisfies the work/training/study test, or has recognised study
18
commitments, before, on or after that commencement.
19
(10)
Despite the amendment made by item 34, item 22A.1 of the table in
20
section 52-10 of the Income Tax Assessment Act 1997, as in force
21
immediately before the commencement of this item, continues to apply
22
on and after that commencement in relation to a payment of pensioner
23
education supplement before, on or after that commencement.
24
Education entry payment Schedule 3
Main amendments Part 1
No. , 2016
Social Services Legislation Amendment (Budget Repair) Bill 2016
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 2016
No. , 2016
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. , 2016
Social Services Legislation Amendment (Budget Repair) Bill 2016
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 2016
No. , 2016
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. , 2016
Social Services Legislation Amendment (Budget Repair) Bill 2016
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 a claim for education entry payment made by a person before that
10
commencement, where the person was qualified for that payment before
11
that commencement.
12
(3)
Despite the amendments made by items 5 to 8, sections 1223ABAAB
13
and 1224B of the Social Security Act 1991, as in force immediately
14
before the commencement of this item, continue to apply on and after
15
that commencement in relation to payments of education entry payment
16
supplement or education entry payment made before, on or after that
17
commencement.
18
(4)
Despite the amendments of the definition of compensation affected
19
pension in subsection 5NB(1) of the Veterans' Entitlements Act 1986
20
made by Part 1 of this Schedule, Part IIIC of that Act continues to apply
21
as if those amendments had not been made.
22
(5)
Despite the amendment made by item 19, Part VIIAA of the Veterans'
23
Entitlements Act 1986, as in force immediately before the
24
commencement of this item, continues to apply on and after that
25
commencement in relation to a claim for education entry payment made
26
by a person before that commencement, where the person was qualified
27
for that payment before that commencement.
28
(6)
Despite the amendments made by items 21 and 22,
29
subparagraphs 160AAAA(2)(c)(i) and 160AAAB(2)(c)(i) of the Income
30
Tax Assessment Act 1936, as in force immediately before the
31
commencement of this item, continue to apply on and after that
32
commencement in relation to payments of education entry payment
33
made before, on or after that commencement.
34
Schedule 3 Education entry payment
Part 3 Application and saving provisions
16
Social Services Legislation Amendment (Budget Repair) Bill 2016
No. , 2016
(7)
Despite the amendments made by items 25, 26 and 29,
1
paragraph 51-35(f) and sections 51-40 and 55-10 of the Income Tax
2
Assessment Act 1997, as in force immediately before the
3
commencement of this item, continue to apply on and after that
4
commencement in relation to payments of education entry payment
5
made before, on or after that commencement.
6
(8)
Despite the amendment made by item 28, subsection 52-10(1J) of the
7
Income Tax Assessment Act 1997, as in force immediately before the
8
commencement of this item, continues to apply on and after that
9
commencement in relation to payments of education entry payment
10
supplement made before that commencement.
11
Indexation Schedule 4
No. , 2016
Social Services Legislation Amendment (Budget Repair) Bill 2016
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 of the first
7
financial year beginning on or after the day this subsection
8
commences and on 1 July of the next 2 financial years.
9
2 After subsection 1192(5)
10
Insert:
11
(5AAA) The amount under item 14 of the CPI Indexation Table in
12
subsection 1191(1), to the extent to which that item relates to the
13
amount in column 2 of Table E in point 1068A-E14 of the Pension
14
PP (Single) Rate Calculator, is not to be indexed on 1 July of the
15
first financial year beginning on or after the day this subsection
16
commences and on 1 July of the next 2 financial years.
17
(5AAB) Amounts under items 14AA, 14AB and 15 of the CPI Indexation
18
Table in subsection 1191(1) are not to be indexed on 1 January of
19
the first calendar year beginning on or after the day this subsection
20
commences and on 1 January of the next 2 calendar years.
21