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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Welfare Reform) Bill 2017
No. , 2017
(Social Services)
A Bill for an Act to amend the law relating to
family assistance, social security, paid parental
leave and student assistance, and for related
purposes
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 4
Schedule 1--Creation of the jobseeker payment
6
Part 1--Main amendments
6
A New Tax System (Family Assistance) Act 1999
6
Farm Household Support Act 2014
6
Income Tax Assessment Act 1936
7
Income Tax Assessment Act 1997
8
Social Security Act 1991
9
Social Security (Administration) Act 1999
36
Veterans' Entitlements Act 1986
39
Part 2--Amendments relating to cessation of widow allowance
50
Social Security Act 1991
50
Part 3--Amendments relating to start day for some
participation payments
51
Social Security (Administration) Act 1999
51
Part 4--Amendments relating to drug testing trial
52
Farm Household Support Act 2014
52
Social Security Act 1991
52
Social Security (Administration) Act 1999
53
Part 5--Amendments relating to targeted compliance
framework
54
Social Security (Administration) Act 1999
54
Part 6--Amendments relating to enhanced residency
requirements for pensioners
55
Social Security Act 1991
55
Schedule 2--Cessation of widow B pension
56
Income Tax Assessment Act 1936
56
Income Tax Assessment Act 1997
56
ii
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Social Security Act 1991
56
Social Security (Administration) Act 1999
63
Social Security (International Agreements) Act 1999
64
Veterans' Entitlements Act 1986
64
Schedule 3--Cessation of wife pension
72
A New Tax System (Family Assistance) Act 1999
72
Child Support (Assessment) Act 1989
72
Income Tax Assessment Act 1936
72
Income Tax Assessment Act 1997
72
Social Security Act 1991
73
Social Security (Administration) Act 1999
84
Veterans' Entitlements Act 1986
85
Schedule 4--Cessation of bereavement allowance
93
Income Tax Assessment Act 1997
93
Social Security Act 1991
93
Social Security (Administration) Act 1999
113
Social Security (International Agreements) Act 1999
113
Veterans' Entitlements Act 1986
114
Schedule 5--Cessation of sickness allowance
118
Part 1--Amendments commencing 20 March 2020
118
Social Security Act 1991
118
Part 2--Amendments commencing 20 September 2020
124
A New Tax System (Medicare Levy Surcharge--Fringe Benefits) Act
1999
124
Income Tax Assessment Act 1936
124
Income Tax Assessment Act 1997
125
Income Tax Rates Act 1986
126
Social Security Act 1991
126
Social Security (Administration) Act 1999
134
Veterans' Entitlements Act 1986
135
Schedule 6--Cessation of widow allowance
142
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
iii
Part 1--Amendments closing claims for widow allowance
142
Social Security Act 1991
142
Part 2--Amendments commencing 1 January 2022
144
Income Tax Assessment Act 1936
144
Income Tax Assessment Act 1997
144
Social Security Act 1991
144
Social Security (Administration) Act 1999
149
Schedule 7--Cessation of partner allowance
154
Income Tax Assessment Act 1936
154
Income Tax Assessment Act 1997
154
Social Security Act 1991
154
Social Security (Administration) Act 1999
159
Veterans' Entitlements Act 1986
160
Schedule 8--Minister's rules
166
Schedule 9--Changes to activity tests for persons aged 55 to 59
167
Social Security Act 1991
167
Schedule 10--Start day for some participation payments
170
Social Security (Administration) Act 1999
170
Schedule 11--Removal of intent to claim provisions
173
Social Security Act 1991
173
Social Security (Administration) Act 1999
173
Schedule 12--Establishment of a drug testing trial
175
Part 1--Main amendments
175
Social Security Act 1991
175
Social Security (Administration) Act 1999
183
Part 2--Consequential amendments
189
Farm Household Support Act 2014
189
Schedule 13--Removal of exemptions for drug or alcohol
dependence
190
Social Security Act 1991
190
iv
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Schedule 14--Changes to reasonable excuses
193
Social Security (Administration) Act 1999
193
Schedule 15--Targeted compliance framework
195
Part 1--Main amendments
195
Social Security (Administration) Act 1999
195
Part 2--Other amendments
211
Farm Household Support Act 2014
211
Social Security Act 1991
211
Social Security (Administration) Act 1999
213
Part 3--Application and transitional provisions
220
Schedule 16--Streamlining tax file number collection
222
Part 1--Main amendments
222
Social Security (Administration) Act 1999
222
Part 2--Consequential amendments
227
Social Security Act 1991
227
Social Security (Administration) Act 1999
227
Part 3--Application of amendments
228
Schedule 17--Information management
229
A New Tax System (Family Assistance) (Administration) Act 1999
229
Paid Parental Leave Act 2010
233
Social Security (Administration) Act 1999
236
Student Assistance Act 1973
241
Schedule 18--Aligning social security and disability
discrimination law
245
Disability Discrimination Act 1992
245
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
1
A Bill for an Act to amend the law relating to
1
family assistance, social security, paid parental
2
leave and student assistance, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Social Services Legislation Amendment (Welfare
7
Reform) Act 2017.
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
2
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
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,
Parts 1 to 5
20 March 2020.
20 March 2020
3. Schedule 1,
Part 6
The later of:
(a) the start of 20 March 2020; and
(b) immediately after the commencement of
Schedule 1 to the Social Services
Legislation Amendment (Payment
Integrity) Act 2017.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
4. Schedule 2
20 March 2020.
20 March 2020
5. Schedule 3
Immediately after the commencement of the
provisions covered by table item 4.
20 March 2020
6. Schedule 4
20 March 2020.
20 March 2020
7. Schedule 5,
Part 1
20 March 2020.
20 March 2020
8. Schedule 5,
Part 2
20 September 2020.
20 September
2020
9. Schedule 6,
Part 1
The later of:
(a) 1 January 2018; and
(b) the day after this Act receives the Royal
Assent.
10. Schedule 6,
Part 2
1 January 2022.
1 January 2022
11. Schedule 7
1 January 2022.
1 January 2022
12. Schedule 8
The day after this Act receives the Royal
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
Assent.
13. Schedule 9
20 September 2018.
20 September
2018
14. Schedule 10
The later of:
(a) 1 January 2018; and
(b) the day after this Act receives the Royal
Assent.
15. Schedule 11
As follows:
(a) if this Act receives the Royal Assent
before 1 November 2017--1 January
2018;
(b) if this Act receives the Royal Assent on
or after 1 November 2017--the first
1 January, 1 April, 1 July or 1 October to
occur after the end of the period of 2
months beginning on the day this Act
receives the Royal Assent.
16. Schedules 12
and 13
As follows:
(a) if this Act receives the Royal Assent
before 1 January 2018--1 January 2018;
(b) if this Act receives the Royal Assent on
or after 1 January 2018--the first
1 January, 1 April, 1 July or 1 October to
occur after the day this Act receives the
Royal Assent.
17. Schedule 14
The later of:
(a) 1 January 2018; and
(b) the day after this Act receives the Royal
Assent.
18. Schedule 15
The later of:
(a) 1 July 2018; and
(b) the day after this Act receives the Royal
Assent.
19. Schedule 16
As follows:
(a) if this Act receives the Royal Assent
before 1 November 2017--1 January
4
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
2018;
(b) if this Act receives the Royal Assent on
or after 1 November 2017--the first
1 January, 1 April, 1 July or 1 October to
occur after the end of the period of 2
months beginning on the day this Act
receives the Royal Assent.
20. Schedule 17,
items 1 to 20
The later of:
(a) immediately after the commencement of
the provisions covered by table item 21;
and
(b) immediately after the commencement of
Schedule 1 to the Family Assistance
Legislation Amendment (Jobs for
Families Child Care Package) Act 2017.
21. Schedule 17,
items 21 to 78
As follows:
(a) if this Act receives the Royal Assent
before 1 January 2018--1 January 2018;
(b) if this Act receives the Royal Assent on
or after 1 January 2018--the first
1 January or 1 July to occur after the day
this Act receives the Royal Assent.
22. Schedule 18
The later of:
(a) 1 January 2018; and
(b) the day after 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
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
5
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1 Creation of the jobseeker payment
Part 1 Main amendments
6
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Schedule 1--Creation of the jobseeker
1
payment
2
Part 1--Main amendments
3
A New Tax System (Family Assistance) Act 1999
4
1 Subparagraph 85CK(3)(a)(ii)
5
Repeal the subparagraph, substitute:
6
(ii) jobseeker payment;
7
Farm Household Support Act 2014
8
2 Section 7
9
Omit "newstart allowance", substitute "jobseeker payment".
10
3 Subsection 55(1) (note)
11
Omit "newstart allowance", substitute "jobseeker payment".
12
4 Section 90
13
Omit:
14
Farm household allowance is generally treated in the same way as
15
newstart and youth allowance. This means that where there is a
16
reference in those Acts to newstart or youth allowance, it is as if
17
there were also a reference to farm household allowance. Similarly,
18
where there is a reference to a concept that is defined to include
19
those allowances, such as "social security benefit" or "social
20
security payment", it is as if that concept were also defined to
21
include farm household allowance.
22
substitute:
23
Farm household allowance is generally treated in the same way as
24
jobseeker payment and youth allowance. This means that where
25
there is a reference in those Acts to jobseeker payment or youth
26
allowance, it is as if there were also a reference to farm household
27
Creation of the jobseeker payment Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
7
allowance. Similarly, where there is a reference to a concept that is
1
defined to include jobseeker payment or youth allowance, such as
2
"social security benefit" or "social security payment", it is as if that
3
concept were also defined to include farm household allowance.
4
5 Subsection 93(1) (table items 1 and 16)
5
Omit "newstart allowance", substitute "jobseeker payment".
6
6 Subsection 93(1) (table item 20)
7
Omit "Newstart Allowance", substitute "Jobseeker".
8
7 Subsection 93(1) (table items 28 and 29)
9
Omit "newstart allowance", substitute "jobseeker payment".
10
8 Paragraph 94(d)
11
Omit "newstart allowance", substitute "jobseeker payment".
12
9 Section 97 (heading)
13
Repeal the heading, substitute:
14
97 References to youth allowance and jobseeker payment
15
10 Subsection 97(2)
16
Omit "newstart allowance", substitute "jobseeker payment".
17
11 Section 99 (table item 4)
18
Omit "newstart allowance", substitute "jobseeker payment".
19
Income Tax Assessment Act 1936
20
12 Paragraph 202CB(6)(a)
21
Omit "newstart allowance", substitute "jobseeker payment".
22
13 Paragraph 202CE(7)(a)
23
Omit "newstart allowance", substitute "jobseeker payment".
24
Schedule 1 Creation of the jobseeker payment
Part 1 Main amendments
8
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Income Tax Assessment Act 1997
1
14 Section 52-10 (after table item 13A.1)
2
Insert:
3
14.1
Jobseeker
payment
Supplementary
amount is
exempt
(see
section 52-15)
Supplementary
amount, and
tax-free amount,
are exempt
(see
sections 52-15
and 52-20)
Exempt Exempt up to
the tax-free
amount
(see
section 52-30)
15 Section 52-10 (table item 19.1)
4
Repeal the item.
5
16 Section 52-10 (note at the end of the table)
6
Omit "newstart allowance", substitute "jobseeker payment".
7
17 Section 52-15 (table item 3)
8
Omit:
9
Newstart allowance
substitute:
10
Jobseeker payment
18 Section 52-15 (note)
11
Omit "newstart allowance", substitute "jobseeker payment".
12
19 Subsection 52-30(1) (table)
13
After:
14
Austudy payment
insert:
15
Jobseeker payment
20 Subsection 52-30(1) (table)
16
Omit:
17
Newstart allowance
Creation of the jobseeker payment Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
9
21 Subsection 52-30(1) (note)
1
Omit "newstart allowance", substitute "jobseeker payment".
2
22 Section 52-40 (after table item 13A)
3
Insert:
4
14
Jobseeker
payment
Part 2.12
Section 660LB
Sections 660LC
and 660LH
23 Section 52-40 (table item 19)
5
Repeal the item.
6
Social Security Act 1991
7
24 Subsection 4(6A) (table items 5 and 6)
8
Omit "Newstart allowance", substitute "Jobseeker payment".
9
25 Paragraph 5(20A)(c)
10
Omit "newstart allowance", substitute "jobseeker payment".
11
26 Subparagraph 5F(e)(iii)
12
Repeal the subparagraph, substitute:
13
(iii) jobseeker payment;
14
27 Subsection 7(6)
15
Omit "newstart allowance", substitute "jobseeker payment".
16
28 Paragraph 7(6AA)(b)
17
Omit "newstart allowance", substitute "jobseeker payment".
18
29 Paragraphs 7(7)(c) and (d)
19
Omit "newstart allowance", substitute "jobseeker payment".
20
30 Paragraph 7(7)(e)
21
After "one of", insert "that payment and".
22
31 Subparagraph 8(8)(r)(i)
23
Omit "newstart allowance", substitute "jobseeker payment".
24
Schedule 1 Creation of the jobseeker payment
Part 1 Main amendments
10
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
32 Paragraph 14A(3)(a)
1
Omit "newstart allowance", substitute "jobseeker payment".
2
33 Subparagraph 14A(3)(b)(ii)
3
Omit "newstart allowance", substitute "jobseeker payment".
4
34 Paragraphs 16A(3)(b) and (4)(b)
5
Omit "newstart allowance", substitute "jobseeker payment".
6
35 Subsection 19C(2)
7
After "parenting payment,", insert "jobseeker payment,".
8
36 Paragraph 19C(2)(a)
9
Repeal the paragraph.
10
37 Subsection 19C(3)
11
After "parenting payment,", insert "jobseeker payment,".
12
38 Paragraph 19C(3)(a)
13
Repeal the paragraph.
14
39 Paragraphs 19C(6)(a) and (b)
15
After "the amount of", insert "jobseeker payment or".
16
40 Paragraphs 19C(6)(c) and (d)
17
After "the amount of", insert "jobseeker payment,".
18
41 Paragraph 19C(6)(d)
19
Omit "that allowance or payment", substitute "that payment or
20
allowance".
21
42 Paragraph 19C(7)(a)
22
After "the amount of", insert "jobseeker payment or".
23
43 Paragraphs 19C(7)(b), (c) and (d)
24
After "the amount of", insert "jobseeker payment,".
25
Creation of the jobseeker payment Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
11
44 Paragraph 19C(7)(d)
1
Omit "that allowance or payment", substitute "that payment or
2
allowance".
3
45 Paragraph 19C(8)(b)
4
Omit "newstart allowance", substitute "jobseeker payment".
5
46 Subsection 19C(8) (note 2)
6
Omit "newstart allowance", substitute "jobseeker payment".
7
47 Subsection 19D(5) (paragraph (f) of the definition of
8
maximum payment rate)
9
Omit "allowances".
10
48 Subsection 19D(5) (subparagraph (f)(i) of the definition of
11
maximum payment rate)
12
Repeal the subparagraph, substitute:
13
(i) jobseeker payment;
14
49 Subsection 23(1) (paragraph (c) of the definition of
15
approved program of work supplement)
16
Omit "newstart allowance", substitute "jobseeker payment".
17
50 Subsection 23(1) (definition of current period as an
18
Australian resident)
19
Omit "newstart allowance", substitute "jobseeker payment".
20
51 Subsection 23(1) (paragraph (c) of the definition of
21
employment pathway plan)
22
Omit "Newstart", substitute "Jobseeker".
23
52 Subsection 23(1) (paragraph (e) of the definition of newly
24
arrived resident's waiting period)
25
Omit "newstart allowance", substitute "jobseeker payment".
26
53 Subsection 23(1) (paragraph (a) of the definition of
27
ordinary waiting period)
28
Omit "newstart allowance", substitute "jobseeker payment".
29
Schedule 1 Creation of the jobseeker payment
Part 1 Main amendments
12
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
54 Subsection 23(1) (paragraph (a) of the definition of social
1
security benefit)
2
Repeal the paragraph, substitute:
3
(a) jobseeker payment; or
4
55 Subsection 23(1) (paragraph (j) of the definition of social
5
security entitlement)
6
Repeal the paragraph, substitute:
7
(j) a jobseeker payment; or
8
56 Subsection 23(1) (paragraph (a) of the definition of social
9
security recipient status)
10
Omit "newstart allowance", substitute "jobseeker payment".
11
57 Subsection 23(1) (paragraph (f) of the definition of special
12
employment advance qualifying entitlement)
13
Repeal the paragraph, substitute:
14
(f) a jobseeker payment; or
15
58 Subsection 23(1) (paragraphs (b) and (ca) of the definition
16
of waiting period)
17
Omit "newstart allowance", substitute "jobseeker payment".
18
59 Subsection 94(6)
19
Omit "newstart allowance", substitute "jobseeker payment".
20
60 Subsection 95(2)
21
Omit "newstart allowance", substitute "jobseeker payment".
22
61 Subsection 103(2) (note 2)
23
Omit "newstart allowance", substitute "jobseeker payment".
24
62 Subsection 500WB(4) (note)
25
Omit "newstart allowance", substitute "jobseeker payment".
26
63 Subparagraph 543B(1)(b)(ii)
27
Omit "newstart allowance", substitute "jobseeker payment".
28
Creation of the jobseeker payment Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
13
64 Subsection 549CB(4) (note)
1
Omit "newstart allowance", substitute "jobseeker payment".
2
65 Part 2.12 (heading)
3
Repeal the heading, substitute:
4
Part 2.12--Jobseeker payment
5
66 Division 1 of Part 2.12 (heading)
6
Repeal the heading, substitute:
7
Division 1--Qualification for and payability of jobseeker
8
payment
9
67 Section 593 (heading)
10
Repeal the heading, substitute:
11
593 Qualification for jobseeker payment
12
68 Subsection 593(1)
13
Omit "newstart allowance", substitute "jobseeker payment".
14
69 Paragraphs 593(1)(c) to (e)
15
Omit "Newstart", substitute "Jobseeker".
16
70 Subsection 593(1) (note 3)
17
Omit "Newstart", substitute "Jobseeker".
18
71 Subsection 593(1) (notes 12 and 13)
19
Omit "newstart allowance", substitute "jobseeker payment".
20
72 Subsection 593(1B)
21
Omit "newstart allowance", substitute "jobseeker payment".
22
73 Paragraph 593(1C)(b)
23
Omit "newstart allowance", substitute "jobseeker payment".
24
Schedule 1 Creation of the jobseeker payment
Part 1 Main amendments
14
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
74 Subsections 593(1D) to (1F)
1
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
2
payment".
3
75 Paragraphs 593(1F)(a) and (b)
4
Omit "Newstart", substitute "Jobseeker".
5
76 Subsection 593(4)
6
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
7
payment".
8
77 Subsection 593(4) (note)
9
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
10
payment".
11
78 Subsection 595(2)
12
Omit "Newstart", substitute "Jobseeker".
13
79 Paragraph 595(3)(a)
14
Omit "Newstart", substitute "Jobseeker".
15
80 Subsections 596(1) to (4)
16
Omit "newstart allowance", substitute "jobseeker payment".
17
81 Section 596A
18
Omit "newstart allowance", substitute "jobseeker payment".
19
82 Subsections 598(1), (4A) and (6)
20
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
21
payment".
22
83 Section 600 (heading)
23
Repeal the heading, substitute:
24
Creation of the jobseeker payment Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
15
600 Prospective determinations for some jobseeker payment
1
recipients
2
84 Subsection 600(1)
3
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
4
payment".
5
85 Subsection 601(1B)
6
Omit "Newstart", substitute "Jobseeker".
7
86 Paragraph 601(4)(a)
8
Omit "Newstart", substitute "Jobseeker".
9
87 Subsection 601(5)
10
Omit "Newstart", substitute "Jobseeker".
11
88 Paragraph 602A(a)
12
Omit "newstart allowance", substitute "jobseeker payment".
13
89 Section 602A
14
Omit "the allowance", substitute "the payment".
15
90 Paragraph 603(2)(b)
16
Omit "newstart allowance", substitute "jobseeker payment".
17
91 Subsection 603(3)
18
Omit "newstart allowance", substitute "jobseeker payment".
19
92 Paragraph 603(3)(c)
20
Omit "Newstart", substitute "Jobseeker".
21
93 Subsection 603(4)
22
Omit "Newstart", substitute "Jobseeker".
23
94 Section 603BA
24
Omit "newstart allowance", substitute "jobseeker payment".
25
Schedule 1 Creation of the jobseeker payment
Part 1 Main amendments
16
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
95 Paragraph 603C(1)(d)
1
Omit "newstart allowance", substitute "jobseeker payment".
2
96 Paragraph 603D(2)(a)
3
Omit "Newstart", substitute "Jobseeker".
4
97 Subdivision C of Division 1 of Part 2.12 (heading)
5
Repeal the heading, substitute:
6
Subdivision C--Jobseeker Employment Pathway Plans
7
98 Section 605 (heading)
8
Repeal the heading, substitute:
9
605 Jobseeker Employment Pathway Plans--requirement
10
99 Subsection 605(1)
11
Omit "Newstart", substitute "Jobseeker".
12
100 Paragraphs 605(1)(a) and (b)
13
Omit "newstart allowance", substitute "jobseeker payment".
14
101 Subsection 605(2)
15
Omit "Newstart", substitute "Jobseeker".
16
102 Subsection 605(2B)
17
Omit "newstart allowance", substitute "jobseeker payment".
18
103 Subsections 605(3) and (4)
19
Omit "Newstart", substitute "Jobseeker".
20
104 Paragraph 605(5)(a)
21
Omit "newstart allowance", substitute "jobseeker payment".
22
105 Subsection 605(5)
23
Omit "Newstart", substitute "Jobseeker".
24
Creation of the jobseeker payment Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
17
106 Paragraph 605(6)(a)
1
Omit "newstart allowance", substitute "jobseeker payment".
2
107 Subsection 605(6)
3
Omit "Newstart", substitute "Jobseeker".
4
108 Paragraph 605(7)(a)
5
Omit "newstart allowance", substitute "jobseeker payment".
6
109 Subsection 605(7)
7
Omit "Newstart", substitute "Jobseeker".
8
110 Section 606 (heading)
9
Repeal the heading, substitute:
10
606 Jobseeker Employment Pathway Plans--terms
11
111 Subsection 606(1)
12
Omit "Newstart", substitute "Jobseeker".
13
112 Paragraph 606(5)(b)
14
Omit "Newstart", substitute "Jobseeker".
15
113 Section 607 (heading)
16
Repeal the heading, substitute:
17
607 Jobseeker Employment Pathway Plans--principal carers
18
114 Subsection 607(1)
19
Omit "Newstart", substitute "Jobseeker".
20
115 Section 607A (heading)
21
Repeal the heading, substitute:
22
Schedule 1 Creation of the jobseeker payment
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18
Social Services Legislation Amendment (Welfare Reform) Bill 2017
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607A Jobseeker Employment Pathway Plans--people with partial
1
capacity to work
2
116 Subsection 607A(1)
3
Omit "Newstart", substitute "Jobseeker".
4
117 Section 607B (heading)
5
Repeal the heading, substitute:
6
607B Jobseeker Employment Pathway Plans--requirement to
7
participate in an approved program of work
8
118 Subsection 607B(1)
9
Omit "Newstart", substitute "Jobseeker".
10
119 Paragraph 607B(1)(a)
11
Omit "newstart allowance", substitute "jobseeker payment".
12
120 Subsection 607B(2)
13
Omit "Newstart", substitute "Jobseeker".
14
121 Paragraph 607B(2)(a)
15
Omit "newstart allowance", substitute "jobseeker payment".
16
122 Section 607C (heading)
17
Omit "Newstart", substitute "Jobseeker".
18
123 Section 607C
19
Omit "Newstart", substitute "Jobseeker".
20
124 Subdivision D of Division 1 of Part 2.12 (heading)
21
Repeal the heading, substitute:
22
Subdivision D--Situations where jobseeker payment not
23
payable (general)
24
125 Section 608 (heading)
25
Repeal the heading, substitute:
26
Creation of the jobseeker payment Schedule 1
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608 Jobseeker payment not payable if payment rate nil
1
126 Subsection 608(1)
2
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
3
payment".
4
127 Section 611 (heading)
5
Repeal the heading, substitute:
6
611 Assets test--jobseeker payment not payable if assets value limit
7
exceeded
8
128 Subsection 611(1)
9
Omit "newstart allowance", substitute "jobseeker payment".
10
129 Subsection 611(2) (table items 2 and 3, column 2)
11
Omit "allowance", substitute "benefit".
12
130 Subsection 611(2) (note 1)
13
Omit "partnered (partner getting neither pension nor allowance) and
14
partnered (partner getting pension or allowance)", substitute
15
"partnered (partner getting neither pension nor benefit) and partnered
16
(partner getting pension or benefit)".
17
131 Subsection 611(2) (note 4)
18
Omit "newstart allowance", substitute "jobseeker payment".
19
132 Subsections 613(1) and (2)
20
Omit "newstart allowance", substitute "jobseeker payment".
21
133 Paragraph 613(2)(b)
22
Omit "Newstart", substitute "Jobseeker".
23
134 Subsection 613(2) (note)
24
Omit "Newstart", substitute "Jobseeker".
25
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
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135 Subsections 614(1) and (2)
1
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
2
payment".
3
136 Subsection 614(2) (note 3)
4
Omit "newstart allowance", substitute "jobseeker payment".
5
137 Subsections 614(3) to (6)
6
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
7
payment".
8
138 Section 614A
9
Omit "newstart allowance", substitute "jobseeker payment".
10
139 Section 615 (heading)
11
Repeal the heading, substitute:
12
615 Jobseeker payment not payable if person fails to attend
13
interview etc. in certain circumstances
14
140 Subsection 615(1)
15
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
16
payment".
17
141 Subparagraph 615(1)(b)(ii)
18
Omit "Newstart", substitute "Jobseeker".
19
142 Subdivision E of Division 1 of Part 2.12 (heading)
20
Repeal the heading, substitute:
21
Subdivision E--Situations where jobseeker payment not
22
payable (waiting periods)
23
143 Subparagraph 620(1)(fa)(iv)
24
Omit "newstart allowance", substitute "jobseeker payment".
25
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21
144 Subsections 621(1) to (4)
1
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
2
payment".
3
145 Paragraph 621(5)(a)
4
Omit "newstart allowance", substitute "jobseeker payment".
5
146 Paragraph 621(5)(b)
6
Omit "that payment" (wherever occurring), substitute "that social
7
security payment".
8
147 Subparagraph 621(5)(c)(i)
9
Omit "that payment", substitute "that social security payment".
10
148 Subparagraph 621(5)(c)(ii)
11
Omit "newstart allowance", substitute "jobseeker payment".
12
149 Subsection 621(5)
13
Omit "newstart allowance" (last occurring), substitute "jobseeker
14
payment".
15
150 Subsection 621(5) (note)
16
Omit "newstart allowance", substitute "jobseeker payment".
17
151 Subsection 623A(2)
18
Omit "newstart allowance", substitute "jobseeker payment".
19
152 Subsection 623A(2) (note)
20
Omit "newstart allowance", substitute "jobseeker payment".
21
153 Subsection 623A(8)
22
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
23
payment".
24
154 Subdivision G of Division 1 of Part 2.12 (heading)
25
Repeal the heading, substitute:
26
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
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Subdivision G--Situations where jobseeker payment not
1
payable (administrative breaches)
2
155 Section 631 (heading)
3
Repeal the heading, substitute:
4
631 Situations where jobseeker payment not payable for failure to
5
comply with certain requirements
6
156 Section 631
7
Omit "newstart allowance", substitute "jobseeker payment".
8
157 Section 631C
9
Omit "Newstart", substitute "Jobseeker".
10
158 Subdivision H of Division 1 of Part 2.12 (heading)
11
Repeal the heading, substitute:
12
Subdivision H--Other situations where jobseeker payment not
13
payable
14
159 Subsection 633(1)
15
Omit "newstart allowance", substitute "jobseeker payment".
16
160 Subsection 633(2)
17
Omit "Newstart allowance", substitute "Jobseeker payment".
18
161 Subsections 634(1) to (1B)
19
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
20
payment".
21
162 Division 4 of Part 2.12 (heading)
22
Repeal the heading, substitute:
23
Division 4--Rate of jobseeker payment
24
163 Section 643 (heading)
25
Repeal the heading, substitute:
26
Creation of the jobseeker payment Schedule 1
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23
643 How to work out a person's jobseeker payment rate
1
164 Section 643
2
Omit "newstart allowance", substitute "jobseeker payment".
3
165 Section 644AAA
4
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
5
payment".
6
166 Paragraph 644AAA(d)
7
Omit "Newstart", substitute "Jobseeker".
8
167 Paragraph 660LA(1)(a)
9
Omit "newstart allowance", substitute "jobseeker payment".
10
168 Subsection 660LA(4)
11
Omit "newstart allowance", substitute "jobseeker payment".
12
169 Section 660LD (heading)
13
Repeal the heading, substitute:
14
660LD Adjustment of a person's jobseeker payment rate
15
170 Section 660LD
16
Omit "person's newstart allowance", substitute "person's jobseeker
17
payment".
18
171 Paragraph 660LD(c)
19
Omit "newstart allowance", substitute "jobseeker payment".
20
172 Paragraph 660LD(c)
21
Omit "the allowance", substitute "the payment".
22
173 Paragraph 660LD(d)
23
Omit "newstart allowance", substitute "jobseeker payment".
24
174 Paragraph 660LD(d)
25
Omit "the allowance", substitute "the payment".
26
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
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175 Subdivision B of Division 9 of Part 2.12 (heading)
1
Repeal the heading, substitute:
2
Subdivision B--Continuation of jobseeker payment rate after
3
death of child
4
176 Section 660M (heading)
5
Repeal the heading, substitute:
6
660M Death of child--continuation of jobseeker payment rate for 14
7
weeks
8
177 Section 660M
9
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
10
payment".
11
178 Division 6 of Part 2.13A (heading)
12
Repeal the heading, substitute:
13
Division 6--Jobseeker payment recipients
14
179 Subparagraphs 665U(1)(b)(i) and (c)(i)
15
Omit "newstart allowance", substitute "jobseeker payment".
16
180 Subparagraph 665U(1)(c)(ii)
17
Omit "Newstart", substitute "Jobseeker".
18
181 Subsection 666(9)
19
Omit "newstart allowance", substitute "jobseeker payment".
20
182 Subsection 667(5)
21
Omit "newstart allowance", substitute "jobseeker payment".
22
183 Subsection 686(1)
23
Omit "newstart allowance", substitute "jobseeker payment".
24
184 Subsection 694(5) (note)
25
Omit "newstart allowance", substitute "jobseeker payment".
26
Creation of the jobseeker payment Schedule 1
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185 Paragraphs 729(2)(c) and (d)
1
Omit "newstart allowance", substitute "jobseeker payment".
2
186 Paragraph 729(2)(d)
3
Omit "the allowance", substitute "the payment".
4
187 Subsection 729(4)
5
Omit "newstart allowance", substitute "jobseeker payment".
6
188 Paragraphs 729(4)(a) and (b)
7
Omit "the allowance" (wherever occurring), substitute "the payment".
8
189 Subsections 746(2) and (4)
9
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
10
payment".
11
190 Subsection 768A(4)
12
Omit "newstart allowance", substitute "special benefit".
13
191 Subparagraph 771HA(1)(c)(i)
14
Omit "newstart allowance", substitute "jobseeker payment".
15
192 Subsection 771HA(1B)
16
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
17
payment".
18
193 Subsection 771HA(3)
19
Omit "newstart allowance", substitute "jobseeker payment".
20
194 Subsection 771KE(2)
21
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
22
payment".
23
195 Paragraph 771NU(1)(e)
24
Omit "newstart allowance", substitute "jobseeker payment".
25
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
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196 Paragraphs 771NU(3)(b) and (e)
1
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
2
payment".
3
197 Subsection 771NX(1) (note at the end of step 4 of the
4
method statement)
5
Omit "newstart allowance", substitute "jobseeker payment".
6
198 Subsection 771NX(3) (heading)
7
Repeal the heading, substitute:
8
Deceased partner receiving jobseeker payment
9
199 Subsections 771NX(3) and (6)
10
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
11
payment".
12
200 Subparagraph 1035(1)(c)(ii)
13
Omit "newstart allowance", substitute "jobseeker payment".
14
201 Subsection 1035A(6) (heading)
15
Repeal the heading, substitute:
16
Jobseeker payment, youth allowance or parenting payment
17
recipients
18
202 Subparagraph 1035A(6)(a)(i)
19
Omit "newstart allowance", substitute "jobseeker payment".
20
203 Subparagraph 1035A(7)(b)(i)
21
Omit "newstart allowance", substitute "jobseeker payment".
22
204 Paragraph 1035A(7)(c)
23
Omit "newstart allowance", substitute "jobseeker payment".
24
205 Paragraph 1035A(7)(c)
25
Omit "allowance or payment", substitute "payment or allowance".
26
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206 Subsection 1035A(8) (heading)
1
Repeal the heading, substitute:
2
Jobseeker payment, youth allowance, disability support pension
3
and parenting payment recipients
4
207 Subparagraph 1035A(8)(a)(i)
5
Omit "newstart allowance", substitute "jobseeker payment".
6
208 Subparagraph 1035A(9)(b)(i)
7
Omit "newstart allowance", substitute "jobseeker payment".
8
209 Paragraph 1035A(9)(c)
9
Omit "newstart allowance", substitute "jobseeker payment".
10
210 Paragraph 1035A(9)(c)
11
Omit "allowance, pension or payment", substitute "payment, allowance
12
or pension".
13
211 Subparagraph 1046(2)(b)(i)
14
Omit "newstart allowance", substitute "jobseeker payment".
15
212 Subparagraph 1046(2B)(b)(i)
16
Omit "newstart allowance", substitute "jobseeker payment".
17
213 Section 1047 (paragraph (c) of the definition of
18
designated social security payment)
19
Repeal the paragraph, substitute:
20
(c) jobseeker payment; or
21
214 Subsection 1061EE(1)
22
Omit "newstart allowance", substitute "jobseeker payment".
23
215 Subsection 1061EE(4) (heading)
24
Repeal the heading, substitute:
25
Schedule 1 Creation of the jobseeker payment
Part 1 Main amendments
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Formula for maximum amount of advance: benefit PP (partnered),
1
youth allowance, austudy payment or jobseeker payment
2
216 Subsection 1061EE(4)
3
Omit "newstart allowance", substitute "jobseeker payment".
4
217 Subsection 1061EE(6) (paragraph (b) of the definition of
5
fortnightly payment rate)
6
Omit "newstart allowance", substitute "jobseeker payment".
7
218 Subsection 1061JU(4) (paragraph (f) of the definition of
8
maximum basic rate)
9
Omit "allowances".
10
219 Subsection 1061JU(4) (subparagraph (f)(i) of the
11
definition of maximum basic rate)
12
Repeal the subparagraph, substitute:
13
(i) jobseeker payment;
14
220 Subsection 1061KC(5)
15
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
16
payment".
17
221 Subparagraph 1061PE(4)(d)(i)
18
Omit "newstart allowance", substitute "jobseeker payment".
19
222 Paragraph 1061PJ(2)(db)
20
Omit "newstart allowance", substitute "jobseeker payment".
21
223 Paragraph 1061PJ(2BA)(b)
22
Omit "newstart allowance", substitute "jobseeker payment".
23
224 Subparagraph 1061PJ(2BA)(f)(i)
24
Omit "newstart allowance", substitute "jobseeker payment".
25
225 Subparagraph 1061PJ(2D)(b)(iii)
26
Omit "newstart allowance", substitute "jobseeker payment".
27
Creation of the jobseeker payment Schedule 1
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226 Paragraph 1061Q(2A)(a)
1
Omit "newstart allowance", substitute "jobseeker payment".
2
227 Subparagraph 1061Q(2B)(a)(ii)
3
Omit "newstart allowance", substitute "jobseeker payment".
4
228 Paragraph 1061Q(2B)(e)
5
Omit "newstart allowance", substitute "jobseeker payment".
6
229 Paragraph 1061Q(3)(a)
7
Omit "newstart allowance", substitute "jobseeker payment".
8
230 Paragraph 1061Q(3A)(d)
9
Omit "newstart allowance", substitute "jobseeker payment".
10
231 Paragraph 1061Q(3D)(b)
11
Omit "newstart allowance", substitute "jobseeker payment".
12
232 Paragraph 1061Q(3E)(b)
13
Omit "newstart allowance", substitute "jobseeker payment".
14
233 Subparagraph 1061Q(3F)(a)(i)
15
Repeal the subparagraph, substitute:
16
(i) jobseeker payment;
17
234 Subparagraphs 1061Q(3G)(d)(i) and (ii)
18
Omit "newstart allowance", substitute "jobseeker payment".
19
235 Paragraph 1061Q(3H)(b)
20
Omit "newstart allowance", substitute "jobseeker payment".
21
236 Subparagraph 1061ZA(2)(b)(i)
22
Repeal the subparagraph, substitute:
23
(i) jobseeker payment; or
24
237 Paragraph 1061ZA(2B)(a)
25
Omit "newstart allowance", substitute "jobseeker payment".
26
Schedule 1 Creation of the jobseeker payment
Part 1 Main amendments
30
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
238 Paragraph 1061ZD(5A)(b)
1
Omit "newstart allowance", substitute "jobseeker payment".
2
239 Paragraph 1061ZDA(2)(b)
3
Omit "newstart allowance", substitute "jobseeker payment".
4
240 Subparagraph 1061ZEA(2)(ga)(iib)
5
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
6
payment".
7
241 Subparagraph 1061ZEB(2)(a)(ii)
8
Omit "newstart allowance", substitute "jobseeker payment".
9
242 Paragraph 1061ZEB(2)(b)
10
Omit "newstart allowance", substitute "jobseeker payment".
11
243 Paragraph 1061ZEB(4)(b)
12
Omit "newstart allowance", substitute "jobseeker payment".
13
244 Paragraph 1061ZK(5)(c)
14
Omit "newstart allowance", substitute "jobseeker payment".
15
245 Paragraph 1061ZM(1BA)(a)
16
Omit "newstart allowance", substitute "jobseeker payment".
17
246 Paragraph 1061ZM(1C)(b)
18
Omit "newstart allowance", substitute "jobseeker payment".
19
247 Subsection 1061ZM(1C)
20
Omit "the allowance", substitute "the payment or allowance".
21
248 Subsection 1061ZM(3) (subparagraph (a)(ii) of the
22
definition of employment-affected person)
23
Repeal the subparagraph, substitute:
24
(ii) jobseeker payment;
25
249 Subparagraph 1067F(1)(d)(i)
26
Repeal the subparagraph, substitute:
27
Creation of the jobseeker payment Schedule 1
Main amendments Part 1
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
31
(i) jobseeker payment;
1
250 Paragraph 1067G-D2(b)
2
Omit "newstart allowance", substitute "jobseeker payment".
3
251 Paragraph 1067G-H26(b)
4
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
5
payment".
6
252 Section 1067G (table item 23 in Module L of the Youth
7
Allowance Rate Calculator)
8
Omit "Newstart allowance", substitute "Jobseeker payment".
9
253 Subparagraph 1067K(1)(d)(i)
10
Repeal the subparagraph, substitute:
11
(i) jobseeker payment;
12
254 Paragraph 1067L-D25(b)
13
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
14
payment".
15
255 Section 1068 (heading)
16
Omit "newstart allowance", substitute "jobseeker payment".
17
256 Paragraph 1068(1)(a)
18
Repeal the paragraph, substitute:
19
(a) jobseeker payment; or
20
257 Point 1068-B1 (table item 4A, column 2)
21
Omit "newstart allowance", substitute "jobseeker payment".
22
258 Point 1068-B1 (table item 4B, column 2)
23
Omit "newstart allowance", substitute "jobseeker payment".
24
259 Point 1068-B1 (note 8)
25
Omit "newstart allowance", substitute "jobseeker payment".
26
Schedule 1 Creation of the jobseeker payment
Part 1 Main amendments
32
Social Services Legislation Amendment (Welfare Reform) Bill 2017
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260 Subparagraph 1068-B1A(c)(ii)
1
Omit "newstart allowance", substitute "jobseeker payment".
2
261 Point 1068-B1B
3
Omit "newstart allowance", substitute "jobseeker payment".
4
262 Point 1068-B5 (heading)
5
Repeal the heading, substitute:
6
Maximum basic rate for certain jobseeker payment recipients
7
263 Paragraph 1068-B5(b)
8
Omit "newstart allowance", substitute "jobseeker payment".
9
264 Subparagraph 1068-D1(c)(ii)
10
Omit "newstart allowance", substitute "jobseeker payment".
11
265 Point 1068-D2
12
Repeal the point, substitute:
13
Incapacity for work--jobseeker payment
14
1068-D2 This point applies to a person if the person is receiving jobseeker
15
payment and the person is, under Subdivision BA of Division 1 of
16
Part 2.12, exempt from the activity test.
17
266 Point 1068-D2B (heading)
18
Repeal the heading, substitute:
19
Jobseeker payment recipients who have a partial capacity to work
20
or are principal carers
21
267 Point 1068-D2B
22
Omit "newstart allowance", substitute "jobseeker payment".
23
268 Paragraph 1068-G4(c)
24
Omit "newstart allowance", substitute "jobseeker payment".
25
Creation of the jobseeker payment Schedule 1
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33
269 Point 1068-G7AM (paragraphs (a) and (b) of note 3)
1
Omit "the allowance", substitute "the payment or allowance".
2
270 Point 1068-G7AQ (definition of payment fortnight)
3
Omit "newstart allowance", substitute "jobseeker payment".
4
271 Point 1068-G7B
5
After "whose claim for", insert "a payment or".
6
272 Paragraph 1068-G7C(a)
7
After "whose claim for", insert "a payment or".
8
273 Point 1068-G7D
9
Repeal the point, substitute:
10
Reference to payment or allowance
11
1068-G7D A reference in point 1068-G7B or 1068-G7C to a payment or an
12
allowance is a reference to a payment or an allowance the rate of
13
which is calculated under this Rate Calculator.
14
274 Paragraphs 1068-G7E(a) and (b)
15
After "in respect of the", insert "payment or".
16
275 Paragraph 1068-G8A(a)
17
Omit "newstart allowance", substitute "jobseeker payment".
18
276 Paragraph 1068-G9(b)
19
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
20
payment".
21
277 Point 1068-G17 (heading)
22
Repeal the heading, substitute:
23
Ordinary income reduction for certain recipients of jobseeker
24
payment
25
278 Paragraph 1068-G17(b)
26
Omit "newstart allowance", substitute "jobseeker payment".
27
Schedule 1 Creation of the jobseeker payment
Part 1 Main amendments
34
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
279 Paragraph 1068B-D22(b)
1
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
2
payment".
3
280 Paragraph 1070(e)
4
Omit "and newstart,", substitute ", jobseeker payment and".
5
281 Section 1070H (heading)
6
Omit "newstart allowance", substitute "jobseeker payment".
7
282 Section 1070Q (heading)
8
Omit "newstart allowance", substitute "jobseeker payment".
9
283 Point 1071A-4 (subparagraph (a)(i) of the definition of
10
allowable income)
11
Omit "newstart allowance", substitute "jobseeker payment".
12
284 Subsection 1073(2)
13
Omit "allowances".
14
285 Paragraph 1073(2)(a)
15
Repeal the paragraph, substitute:
16
(a) jobseeker payment;
17
286 Paragraphs 1073(2)(g) and (h)
18
Omit "the allowance", substitute "the payment or allowance".
19
287 Paragraph 1073J(1)(a)
20
Omit "newstart allowance", substitute "jobseeker payment".
21
288 Paragraph 1073K(5)(a)
22
Omit "newstart allowance", substitute "jobseeker payment".
23
289 Paragraph 1131(2)(b)
24
Omit "newstart allowance", substitute "jobseeker payment".
25
290 Paragraph 1131(2)(b)
26
Omit "that allowance", substitute "that payment or allowance".
27
Creation of the jobseeker payment Schedule 1
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
35
291 Subparagraph 1157E(1)(c)(ii)
1
Omit "newstart allowance", substitute "jobseeker payment".
2
292 Subparagraph 1157E(2)(c)(ii)
3
Omit "newstart allowance", substitute "jobseeker payment".
4
293 Subparagraph 1157F(1)(c)(iv)
5
Omit "newstart allowance", substitute "jobseeker payment".
6
294 Subparagraph 1157F(2)(c)(iv)
7
Omit "newstart allowance", substitute "jobseeker payment".
8
295 Paragraph 1157JA(2)(c)
9
Omit "newstart allowance", substitute "jobseeker payment".
10
296 Paragraph 1157JC(3)(c)
11
Omit "newstart allowance", substitute "jobseeker payment".
12
297 Subparagraph 1161(1)(a)(i)
13
Omit "newstart allowance", substitute "jobseeker payment".
14
298 Subparagraph 1161(1)(a)(i)
15
Omit "the allowance", substitute "the payment".
16
299 Subparagraph 1187(1A)(a)(ii)
17
Omit "newstart allowance", substitute "jobseeker payment".
18
300 Subparagraph 1188C(3)(a)(ii)
19
Repeal the subparagraph, substitute:
20
(ii) jobseeker payment;
21
301 Subsection 1188C(5) (table items 16 to 22)
22
Omit "Newstart allowance", substitute "Jobseeker payment".
23
302 Subsection 1188C(5A)
24
Omit "newstart allowance", substitute "jobseeker payment".
25
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303 Subparagraph 1188F(2)(a)(ii)
1
Repeal the subparagraph, substitute:
2
(ii) jobseeker payment;
3
304 Section 1217 (table item 15)
4
Omit "Newstart allowance", substitute "Jobseeker payment".
5
305 Subsection 1218A(1)
6
Omit "newstart allowance", substitute "jobseeker payment".
7
306 Subparagraph 1223(7)(b)(iv)
8
Omit "newstart allowance", substitute "jobseeker payment".
9
307 Subparagraph 1223(7)(b)(iv)
10
Omit "new start allowance", substitute "jobseeker payment".
11
Social Security (Administration) Act 1999
12
308 Subsection 37(2)
13
Omit "newstart allowance", substitute "jobseeker payment".
14
309 Paragraph 37(2)(a)
15
Omit "allowance", substitute "payment".
16
310 Paragraph 37(2)(b)
17
Omit "the allowance", substitute "the payment".
18
311 Subparagraph 37(2)(b)(v)
19
Omit "newstart allowance", substitute "jobseeker payment".
20
312 Paragraph 37(4)(c)
21
Repeal the paragraph, substitute:
22
(c) jobseeker payment;
23
313 Paragraph 37(5)(a)
24
Omit "newstart allowance", substitute "jobseeker payment".
25
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314 Paragraphs 37(5)(a) and (b)
1
Omit "the allowance" (wherever occurring), substitute "the payment".
2
315 Sections 42A and 42E
3
Omit "newstart allowance", substitute "jobseeker payment".
4
316 Subparagraph 63(1)(c)(ii)
5
Omit "newstart allowance", substitute "jobseeker payment".
6
317 Subparagraph 63(3)(a)(iv)
7
Repeal the subparagraph, substitute:
8
(iv) jobseeker payment;
9
318 Paragraph 63(3)(b)
10
Omit "newstart allowance", substitute "jobseeker payment".
11
319 Subsection 80(3A)
12
Omit "newstart allowance", substitute "jobseeker payment".
13
320 Paragraph 80(4)(b)
14
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
15
payment".
16
321 Paragraph 81(1)(a)
17
Omit "newstart allowance", substitute "jobseeker payment".
18
322 Subsection 81(1)
19
Omit "the payment", substitute "the social security payment".
20
323 Subsection 106B(4) (subparagraph (a)(ii) of the definition
21
of listed automatic issue health care card)
22
Repeal the subparagraph, substitute:
23
(ii) jobseeker payment;
24
324 Paragraph 110A(1)(a)
25
Omit "newstart allowance", substitute "jobseeker payment".
26
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325 Paragraph 118(12C)(a)
1
Omit "newstart allowance", substitute "jobseeker payment".
2
326 Section 123TC (paragraph (b) of the definition of
3
category E welfare payment)
4
Repeal the paragraph, substitute:
5
(b) jobseeker payment; or
6
327 Subparagraph 123UGC(1)(b)(ii)
7
Omit "newstart allowance", substitute "jobseeker payment".
8
328 Section 140A (paragraph (c) of the definition of
9
employment pathway plan decision)
10
Omit "Newstart", substitute "Jobseeker".
11
329 Subclause 1(1) of Schedule 1 (paragraph (a) of the
12
definition of participation payment)
13
Repeal the paragraph, substitute:
14
(a) jobseeker payment;
15
330 Paragraph 4(6)(a) of Schedule 2
16
Omit "newstart allowance", substitute "jobseeker payment".
17
331 Subclause 4(6) of Schedule 2
18
Omit "qualified for a newstart allowance", substitute "qualified for a
19
jobseeker payment".
20
332 Subclause 5(2) of Schedule 2 (paragraph (e) of the
21
definition of exclusion period)
22
Omit "newstart allowance", substitute "jobseeker payment".
23
333 Clause 15 of Schedule 2 (heading)
24
Repeal the heading, substitute:
25
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15 Certain persons subject to cancellation of austudy payment,
1
jobseeker payment, youth allowance or special benefit
2
334 Paragraphs 15(a) and (d) of Schedule 2
3
Omit "newstart allowance", substitute "jobseeker payment".
4
335 Clause 28 of Schedule 2 (heading)
5
Repeal the heading, substitute:
6
28 Jobseeker payment--claimant for disability support pension
7
336 Clause 28 of Schedule 2
8
Omit "newstart allowance" (wherever occurring), substitute "jobseeker
9
payment".
10
Veterans' Entitlements Act 1986
11
337 Subparagraph 5H(8)(v)(i)
12
Omit "newstart allowance", substitute "jobseeker payment".
13
338 Section 36C (note)
14
Omit "newstart allowance", substitute "jobseeker payment".
15
339 Section 37C (note)
16
Omit "newstart allowance", substitute "jobseeker payment".
17
340 Subsection 38C(1) (note)
18
Omit "newstart allowance", substitute "jobseeker payment".
19
341 Subsection 118ND(4) (paragraph (j) of the definition of
20
bereavement payment provisions)
21
Omit "newstart", substitute "jobseeker payment".
22
342 Transitional provisions
--jobseeker payment
23
(1)
If a notice, determination or other instrument relating to newstart
24
allowance that was made or given under the Social Security Act 1991 or
25
the Social Security (Administration) Act 1999 was in force immediately
26
before the commencement of this item, that notice, determination or
27
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other instrument continues in force, subject to those Acts, on and after
1
that commencement as if it were made or given in relation to jobseeker
2
payment.
3
(2)
If:
4
(a) a person lodged a claim under the Social Security
5
(Administration) Act 1999 for newstart allowance before the
6
commencement of this item; and
7
(b) the claim was not determined before that commencement;
8
the claim has effect on and after that commencement as if it were:
9
(c) a claim for newstart allowance in respect of days occurring
10
before that commencement; and
11
(d) a claim for jobseeker payment in respect of days occurring on
12
or after that commencement.
13
(3)
If, immediately before the commencement of this item, a person was
14
subject to one of the following periods in relation to newstart allowance,
15
then, on and after that commencement, the person is taken to be subject
16
to that period in relation to jobseeker payment:
17
(a) a liquid assets test waiting period;
18
(b) an ordinary waiting period;
19
(c) a newly arrived resident's waiting period;
20
(d) a seasonal work preclusion period;
21
(e) a lump sum preclusion period under Division 3 of Part 3.14
22
of the Social Security Act 1991;
23
(f) an income maintenance period.
24
(4)
If a Newstart Employment Pathway Plan was in force in relation to a
25
person immediately before the commencement of this item, the plan has
26
effect on and after that commencement as if it were a Jobseeker
27
Employment Pathway Plan in relation to the person.
28
343 Transitional provision
--A New Tax System (Family
29
Assistance) Act 1999
30
Subparagraph 85CK(3)(a)(ii) of the A New Tax System (Family
31
Assistance) Act 1999 applies on and after the commencement of this
32
item as if the reference to jobseeker payment included a reference to
33
newstart allowance.
34
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344 Saving provision
--Farm Household Support Act 2014
1
Despite the amendments made by this Part, section 93 of the Farm
2
Household Support Act 2014, as in force immediately before the
3
commencement of this item, continues to apply on and after that
4
commencement in relation to working out the rate of farm household
5
allowance in relation to days before that commencement.
6
345 Saving provision
--Income Tax Assessment Act 1997
7
Despite the amendments made by this Part, item 19.1 of the table in
8
section 52-10 and sections 52-15 and 52-30 of the Income Tax
9
Assessment Act 1997, as in force immediately before the
10
commencement of this item, continue to apply on and after that
11
commencement in relation to a payment of newstart allowance under
12
Part 2.12 of the Social Security Act 1991 before, on or after that
13
commencement.
14
346 Saving provisions
--definitions
15
(1)
Despite the amendments made by this Part, paragraph 5(20A)(c) and
16
subparagraph 5F(e)(iii) of the Social Security Act 1991, as in force
17
immediately before the commencement of this item, continue to apply
18
on and after that commencement in relation to working out if a person
19
was the principal carer of a child, or was a secondary pupil child of
20
another person, at a time before that commencement.
21
(2)
Despite the amendments made by this Part, subsections 7(6), (6AA) and
22
(7) of the Social Security Act 1991, as in force immediately before the
23
commencement of this item, continue to apply on and after that
24
commencement in relation to working out whether a person has a
25
qualifying residence exemption, or is exempt from the residence
26
requirement, for newstart allowance in relation to days before that
27
commencement.
28
(3)
Despite the amendments made by this Part, section 14A of the Social
29
Security Act 1991, as in force immediately before the commencement of
30
this item, continues to apply on and after that commencement in relation
31
to a claim for newstart allowance made before that commencement.
32
(4)
Despite the amendments made by this Part, section 16A of the Social
33
Security Act 1991, as in force immediately before the commencement of
34
this item, continues to apply on and after that commencement in relation
35
to working out a person's seasonal work preclusion period under that
36
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section if the person made a claim for newstart allowance before the
1
commencement of this item.
2
(5)
Despite the amendments made by this Part, sections 19C and 19D of the
3
Social Security Act 1991, as in force immediately before the
4
commencement of this item, continue to apply on and after that
5
commencement in relation to working out whether a person was in
6
severe financial hardship in relation to days before that commencement.
7
347 Saving provisions
--qualification for payments
8
(1)
Despite the amendments made by this Part, subsections 94(6) and 95(2)
9
of the Social Security Act 1991, as in force immediately before the
10
commencement of this item, continue to apply on and after that
11
commencement in relation to working out whether a person was
12
qualified for a disability support pension in relation to days before that
13
commencement.
14
(2)
Despite the amendments made by this Part, subparagraph 543B(1)(b)(ii)
15
of the Social Security Act 1991, as in force immediately before the
16
commencement of this item, continues to apply on and after that
17
commencement in relation to working out whether a person was
18
qualified for youth allowance in relation to days before that
19
commencement.
20
(3)
Despite the amendments made by this Part, Parts 2.12 and 3.6 of the
21
Social Security Act 1991, as in force immediately before the
22
commencement of this item, continue to apply on and after that
23
commencement in relation to working out qualification for, or the rate
24
of, newstart allowance in respect of days occurring before that
25
commencement.
26
(4)
Despite the amendments made by this Part, Division 6 of Part 2.13A of
27
the Social Security Act 1991, as in force immediately before the
28
commencement of this item, continues to apply on and after that
29
commencement in relation to working out qualification for an education
30
entry payment before that commencement.
31
(5)
Despite the amendments made by this Part, subsections 666(9), 667(5)
32
and 686(1) of the Social Security Act 1991, as in force immediately
33
before the commencement of this item, continue to apply on and after
34
that commencement in relation to working out qualification for, or the
35
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payability of, sickness allowance in relation to days before that
1
commencement.
2
(6)
Despite the amendments made by this Part, sections 729 and 746 of the
3
Social Security Act 1991, as in force immediately before the
4
commencement of this item, continue to apply on and after that
5
commencement in relation to working out whether a person was
6
qualified for, or working out the rate of, a special benefit in relation to
7
days before that commencement.
8
(7)
Despite the amendments made by this Part, sections 771HA and 771KE
9
of the Social Security Act 1991, as in force immediately before the
10
commencement of this item, continue to apply on and after that
11
commencement in relation to working out if a person was qualified for,
12
or working out the rate of, a partner allowance in relation to a period
13
before that commencement.
14
(8)
If before the commencement of this item:
15
(a) a person was receiving partner allowance; and
16
(b) the person's partner died; and
17
(c) immediately before the deceased partner died, the deceased
18
partner was receiving newstart allowance;
19
then Division 9 of Part 2.15A of the Social Security Act 1991, as in
20
force immediately before that commencement, continues to apply on
21
and after that commencement in relation to that death as if the
22
amendments made by this Part had not been made.
23
(9)
Despite the amendments made by this Part, sections 1035 and 1035A of
24
the Social Security Act 1991, as in force immediately before the
25
commencement of this item, continue to apply on and after that
26
commencement in relation to working out if a person was qualified for,
27
or working out the rate of, a mobility allowance in relation to days
28
before that commencement.
29
(10)
Despite the amendments made by this Part, section 1046 of the Social
30
Security Act 1991, as in force immediately before the commencement of
31
this item, continues to apply on and after that commencement in relation
32
to working out, at a time before that commencement, whether a person
33
continued to be qualified for mobility allowance as mentioned in
34
subsection 1046(3) of that Act.
35
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(11)
Despite the amendments made by this Part, Part 2.24A of the Social
1
Security Act 1991, as in force immediately before the commencement of
2
this item, continues to apply on and after that commencement in relation
3
to working out qualification for a pensioner education supplement in
4
relation to days before that commencement.
5
(12)
Paragraph 1061PJ(2BA)(b) and subparagraphs 1061PJ(2BA)(f)(i) and
6
(2D)(b)(iii) of the Social Security Act 1991 apply on and after the
7
commencement of this item as if a reference to jobseeker payment
8
included a reference to newstart allowance.
9
(13)
Despite the amendments made by this Part, subsections 1061Q(2A),
10
(2B), (3), (3A) and (3D) to (3H) of the Social Security Act 1991, as in
11
force immediately before the commencement of this item, continue to
12
apply on and after that commencement in relation to working out
13
qualification for a telephone allowance before, on or after that
14
commencement.
15
348 Saving provision
--language, literacy and numeracy
16
supplement
17
Despite the amendments made by this Part, Part 2.21A of the Social
18
Security Act 1991, as in force immediately before the commencement of
19
this item, continues to apply on and after that commencement in relation
20
to a fortnight beginning before that commencement.
21
349 Saving provisions
--advances
22
(1)
Despite the amendments made by this Part, Division 7 of Part 2.22 of
23
the Social Security Act 1991, as in force immediately before the
24
commencement of this item, continues to apply on and after that
25
commencement in relation to an advance payment, or an instalment of
26
an advance payment, of newstart allowance paid before that
27
commencement.
28
(2)
Despite the amendments made by this Part, Division 7 of Part 2.22A of
29
the Social Security Act 1991, as in force immediately before the
30
commencement of this item, continues to apply on and after that
31
commencement in relation to a special employment advance, or an
32
instalment of a special employment advance, paid before that
33
commencement in respect of newstart allowance.
34
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350 Saving and transitional provisions
--rates of payments
1
(1)
Despite the amendments made by this Part, section 1061JU of the
2
Social Security Act 1991, as in force immediately before the
3
commencement of this item, continues to apply on and after that
4
commencement in relation to working out the amount of a crisis
5
payment in relation to days before that commencement.
6
(2)
Despite the amendments made by this Part, section 1061KC of the
7
Social Security Act 1991, as in force immediately before the
8
commencement of this item, continues to apply on and after that
9
commencement in relation to working out the rate of a person's Disaster
10
Recovery Allowance in relation to days before that commencement.
11
(3)
Despite the amendments made by this Part, paragraphs 1067G-D2(b)
12
and 1067G-H26(b) of the Social Security Act 1991, as in force
13
immediately before the commencement of this item, continue to apply
14
on and after that commencement in relation to working out the rate of
15
youth allowance for days occurring before that commencement.
16
(4)
Despite the amendments made by this Part, table item 23 of Module L
17
of the Youth Allowance Rate Calculator in section 1067G of the Social
18
Security Act 1991, as in force immediately before the commencement of
19
this item, continues to apply on and after that commencement in relation
20
to:
21
(a) working out if a person is a family member in relation to
22
another person for the purposes of Part 2.11 of that Act and
23
that Rate Calculator in relation to days before that
24
commencement; or
25
(b) working out if a person is exempt from the parental income
26
test for the purposes of that Rate Calculator in relation to
27
days before that commencement.
28
(5)
Despite the amendments made by this Part, paragraph 1067L-D25(b) of
29
the Social Security Act 1991, as in force immediately before the
30
commencement of this item, continues to apply on and after that
31
commencement in relation to working out the rate of austudy payment
32
for days occurring before that commencement.
33
(6)
Despite the amendments made by this Part, paragraph 1068B-D22(b) of
34
the Social Security Act 1991, as in force immediately before the
35
commencement of this item, continues to apply on and after that
36
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commencement in relation to working out the rate of benefit PP
1
(partnered) for days occurring before that commencement.
2
(7)
Despite the amendments made by this Part, paragraph 1070(e) of the
3
Social Security Act 1991, as in force immediately before the
4
commencement of this item, continues to apply on and after that
5
commencement in relation to working out the rate of rent assistance in
6
relation to newstart allowance for days occurring before that
7
commencement.
8
(8)
If:
9
(a) section 1073K of the Social Security Act 1991 applies to a
10
person in the 2018-19 financial year; and
11
(b) in relation to the person, the last day of the 12-month period
12
referred to in paragraph 1073K(2)(c) of that Act is on or after
13
20 March 2020;
14
then, for the purposes of working out the rate of jobseeker payment for
15
the person, the amount of $5,000 referred to in subsection 1073K(2) of
16
that Act is reduced by the amount of ordinary income disregarded in
17
relation to the person and that period in working out the rate of newstart
18
allowance for the person.
19
351 Saving provisions
--concession cards
20
(1)
Despite the amendments made by this Part, sections 1061ZA, 1061ZD
21
and 1061ZDA of the Social Security Act 1991, as in force immediately
22
before the commencement of this item, continue to apply on and after
23
that commencement in relation to working out qualification for a
24
pensioner concession card in relation to days before that
25
commencement.
26
(2)
Despite the amendments made by this Part, paragraph 1061ZK(5)(c) of
27
the Social Security Act 1991, as in force immediately before the
28
commencement of this item, continues to apply on and after that
29
commencement in relation to working out qualification for a health care
30
card in relation to days before that commencement.
31
(3)
Despite the amendments made by this Part, point 1071A-4 of the Social
32
Security Act 1991, as in force immediately before the commencement of
33
this item, continues to apply on and after that commencement in relation
34
to working out whether a person satisfies the health care card income
35
test at a time before that commencement.
36
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352 Saving and transitional provisions
--other Social Security
1
Act 1991 provisions
2
(1)
Despite the amendments made by this Part, subparagraph 8(8)(r)(i) of
3
the Social Security Act 1991, as in force immediately before the
4
commencement of this item, continues to apply on and after that
5
commencement in relation to a payment made before, on or after that
6
commencement that includes an amount calculated by reference to a
7
rate of newstart allowance.
8
(2)
Subparagraphs 1067F(1)(d)(i) and 1067K(1)(d)(i) of the Social Security
9
Act 1991 apply on and after the commencement of this item as if a
10
reference to jobseeker payment included a reference to newstart
11
allowance.
12
(3)
Despite the amendments made by this Part, sections 1157E, 1157F,
13
1157JA and 1157JC of the Social Security Act 1991, as in force
14
immediately before the commencement of this item, continue to apply
15
on and after that commencement in relation to working out whether
16
fringe benefits are assessable fringe benefits in connection with a
17
person's receipt of newstart allowance before, on or after that
18
commencement.
19
(4)
Despite the amendments made by this Part, Part 3.14 of the Social
20
Security Act 1991, as in force immediately before the commencement of
21
this item, continues to apply on and after that commencement in relation
22
to payments of newstart allowance before, on or after that
23
commencement.
24
(5)
Despite the amendments made by this Part,
25
subparagraph 1187(1A)(a)(ii) of the Social Security Act 1991, as in
26
force immediately before the commencement of this item, continues to
27
apply on and after that commencement in relation to newstart allowance
28
payable to a person in respect of days occurring before that
29
commencement.
30
(6)
Despite the amendments made by this Part, Divisions 2 and 3 of
31
Part 3.15A of the Social Security Act 1991, as in force immediately
32
before the commencement of this item, continue to apply on and after
33
that commencement in relation to a person qualified for newstart
34
allowance, or to a person to whom newstart allowance was payable, in
35
respect of days occurring before that commencement.
36
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(7)
Despite the amendments made by this Part, Chapter 5 of the Social
1
Security Act 1991, as in force immediately before the commencement of
2
this item, continues to apply on and after that commencement in relation
3
to a payment of newstart allowance made before, on or after that
4
commencement.
5
353 Saving provisions
--Social Security (Administration) Act
6
1999
7
(1)
Despite the amendments made by this Part, Part 3 of, and Schedule 2 to,
8
the Social Security (Administration) Act 1999, as in force immediately
9
before the commencement of this item, continue to apply on and after
10
that commencement in relation to the following:
11
(a) the making of claims for newstart allowance in respect of
12
days occurring before that commencement;
13
(b) making a payment of newstart allowance in respect of days
14
occurring before that commencement;
15
(c) a determination or requirement made under Part 3 of that Act
16
before that commencement, or the making of a determination
17
or requirement under Part 3 of that Act on or after that
18
commencement, in relation to newstart allowance.
19
(2)
Despite the amendments made by this Part, Parts 3B and 3D of the
20
Social Security (Administration) Act 1999, as in force immediately
21
before the commencement of this item, continue to apply on and after
22
that commencement in relation to a payment of newstart allowance
23
made before, on or after that commencement.
24
(3)
Despite the amendments made by this Part, Parts 4 and 4A of the Social
25
Security (Administration) Act 1999, as in force immediately before the
26
commencement of this item, continue to apply on and after that
27
commencement in relation to a decision under the social security law, in
28
relation to newstart allowance, made before, on or after that
29
commencement.
30
(4)
The amendments made by this Part do not affect the validity of a
31
cancellation under subsection 106B(1) of the Social Security
32
(Administration) Act 1999 before the commencement of this item.
33
Creation of the jobseeker payment Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
49
354 Saving provisions
--Veterans' Entitlements Act 1986
1
(1)
Despite the amendments made by this Part, subparagraph 5H(8)(v)(i) of
2
the Veterans' Entitlements Act 1986, as in force immediately before the
3
commencement of this item, continues to apply on and after that
4
commencement in relation to a payment made before, on or after that
5
commencement that includes an amount calculated by reference to a
6
rate of newstart allowance.
7
(2)
Despite the amendments made by this Part, sections 118ND and 118NE
8
of the Veterans' Entitlements Act 1986, as in force immediately before
9
the commencement of this item, continue to apply on and after that
10
commencement in relation to working out the rate of newstart
11
allowance in respect of days occurring before that commencement.
12
Schedule 1 Creation of the jobseeker payment
Part 2 Amendments relating to cessation of widow allowance
50
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Part 2--Amendments relating to cessation of widow
1
allowance
2
Social Security Act 1991
3
355 Paragraphs 603AC(1)(a) and (d)
4
Omit "newstart allowance", substitute "jobseeker payment".
5
356 Subsection 603AC(2)
6
Omit "newstart allowance", substitute "jobseeker payment".
7
Creation of the jobseeker payment Schedule 1
Amendments relating to start day for some participation payments Part 3
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
51
Part 3--Amendments relating to start day for some
1
participation payments
2
Social Security (Administration) Act 1999
3
357 Subclause 3(1) of Schedule 2 (note)
4
Omit "newstart allowance", substitute "jobseeker payment".
5
358 Clause 4A of Schedule 2 (heading)
6
Repeal the heading, substitute:
7
4A Start day for jobseeker payment and youth allowance if claimant
8
required to attend interview
9
359 Paragraph 4A(1)(a) of Schedule 2
10
Omit "newstart allowance", substitute "jobseeker payment".
11
360 Subclause 4A(6) of Schedule 2
12
Omit "allowance on the day that would, but for this subclause, be the
13
person's start day, the person's start day is the first day, after what
14
would otherwise (under subclause (4) or (5)) be the person's start day,
15
on which the person is qualified for the allowance", substitute "payment
16
or allowance on the day that would, but for this subclause, be the
17
person's start day, the person's start day is the first day, after what
18
would otherwise (under subclause (4) or (5)) be the person's start day,
19
on which the person is qualified for the payment or allowance".
20
Schedule 1 Creation of the jobseeker payment
Part 4 Amendments relating to drug testing trial
52
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Part 4--Amendments relating to drug testing trial
1
Farm Household Support Act 2014
2
361 Section 95 (table item 1A)
3
Omit "newstart allowance", substitute "jobseeker payment".
4
362 Section 99 (table item 13A)
5
Omit "newstart allowance", substitute "jobseeker payment".
6
Social Security Act 1991
7
363 Subsection 23(1) (subparagraph (c)(i) of the definition of
8
drug test trial pool member)
9
Omit "newstart allowance", substitute "jobseeker payment".
10
364 Subsection 606(1AA)
11
Omit "Newstart", substitute "Jobseeker".
12
365 Section 623C
13
Omit "newstart allowance", substitute "jobseeker payment".
14
366 Section 623C
15
Omit "the allowance", substitute "the payment".
16
367 Subsection 1206XA(1)
17
Omit "newstart allowance", substitute "jobseeker payment".
18
368 Paragraph 1206XB(1)(a)
19
Omit "newstart allowance", substitute "jobseeker payment".
20
369 Section 1206XE
21
Omit "newstart allowance", substitute "jobseeker payment".
22
Creation of the jobseeker payment Schedule 1
Amendments relating to drug testing trial Part 4
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
53
Social Security (Administration) Act 1999
1
370 Subsection 37(7A)
2
Omit "newstart allowance", substitute "jobseeker payment".
3
371 Subclause 1(1) of Schedule 1 (subparagraph (b)(i) of the
4
definition of potential drug test trial pool member)
5
Omit "newstart allowance", substitute "jobseeker payment".
6
372 Transitional provisions
7
Drug test refusal waiting periods
8
(1)
If, immediately before the commencement of this item, a person was
9
subject to a drug test refusal waiting period under section 623C of the
10
Social Security Act 1991 in relation to newstart allowance, then, on and
11
after that commencement, the person is taken to be subject to that
12
period in relation to jobseeker payment.
13
Drug test repayment deficits
14
(2)
If, immediately before the commencement of this item, a person had a
15
drug test repayment deficit, then, on and after that commencement,
16
section 1206XA of the Social Security Act 1991 applies in relation to
17
that person as if a reference in subsection (2) of that section to a social
18
security benefit included a reference to newstart allowance.
19
Schedule 1 Creation of the jobseeker payment
Part 5 Amendments relating to targeted compliance framework
54
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Part 5--Amendments relating to targeted compliance
1
framework
2
Social Security (Administration) Act 1999
3
373 Section 42AA
4
Omit "newstart allowance", substitute "jobseeker payment".
5
Creation of the jobseeker payment Schedule 1
Amendments relating to enhanced residency requirements for pensioners Part 6
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
55
Part 6--Amendments relating to enhanced residency
1
requirements for pensioners
2
Social Security Act 1991
3
374 Subparagraph 43A(3)(a)(ii)
4
Omit "newstart allowance,", substitute "jobseeker payment, newstart
5
allowance under this Act as previously in force,".
6
375 Subparagraph 95A(3)(a)(ii)
7
Omit "newstart allowance,", substitute "jobseeker payment, newstart
8
allowance under this Act as previously in force,".
9
Schedule 2 Cessation of widow B pension
56
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Schedule 2--Cessation of widow B pension
1
2
Income Tax Assessment Act 1936
3
1 Paragraph 202EA(5)(f)
4
Repeal the paragraph.
5
2 Subparagraph 202EB(5)(a)(vi)
6
Repeal the subparagraph.
7
Income Tax Assessment Act 1997
8
3 Section 52-10 (table items 29.1 and 33.1)
9
Repeal the items.
10
4 Section 52-15 (table item 1)
11
Omit:
12
Special needs widow B pension
5 Section 52-15 (table item 1)
13
Omit:
14
Widow B pension
6 Section 52-40 (table items 29 and 33)
15
Repeal the items.
16
Social Security Act 1991
17
7 Paragraph 7(4)(b)
18
Omit "and".
19
8 Paragraph 7(4)(e)
20
Repeal the paragraph.
21
Cessation of widow B pension Schedule 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
57
9 Subsection 12C(5) (paragraph (b) of the definition of
1
couple's assets deeming provisions)
2
Repeal the paragraph.
3
10 Subsection 19D(5) (paragraph (c) of the definition of
4
maximum payment rate)
5
Repeal the paragraph.
6
11 Subsection 23(1) (paragraph (f) of the definition of social
7
security entitlement)
8
Repeal the paragraph.
9
12 Subsection 23(1) (paragraph (g) of the definition of social
10
security pension)
11
Repeal the paragraph.
12
13 Subsection 23(1) (paragraph (h) of the definition of special
13
employment advance qualifying entitlement)
14
Repeal the paragraph.
15
14 At the end of section 43
16
Add:
17
(4) A woman is qualified for an age pension if:
18
(a) the woman was receiving a special needs widow B pension
19
under Part 2.16 immediately before 20 March 2020; and
20
(b) the woman is not otherwise qualified for an age pension.
21
15 Part 2.8
22
Repeal the Part.
23
16 Division 3 of Part 2.13A
24
Repeal the Division.
25
17 Section 771PA
26
Omit ", a special needs disability pension or a special needs widow B
27
pension", substitute "or special needs disability pension".
28
Schedule 2 Cessation of widow B pension
58
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
18 Sections 778A and 778
1
Repeal the sections.
2
19 Paragraph 796(1)(c)
3
Omit "pension; or", substitute "pension.".
4
20 Paragraph 796(1)(e)
5
Repeal the paragraph.
6
21 Subsection 796(4)
7
Omit "or widow B".
8
22 Point 796-B8
9
Repeal the point.
10
23 Subsection 1061A(3) (heading)
11
Omit "and widow B".
12
24 Subsection 1061A(3)
13
Omit ", carer payment or widow B pension", substitute "or carer
14
payment".
15
25 Section 1061ECA (heading)
16
Omit "and widow B".
17
26 Paragraph 1061ECA(1)(d)
18
Omit "payment;", substitute "payment.".
19
27 Paragraph 1061ECA(1)(e)
20
Repeal the paragraph.
21
28 Subsection 1061JU(4) (paragraph (c) of the definition of
22
maximum basic rate)
23
Repeal the paragraph.
24
29 Subparagraph 1061PE(4)(e)(i)
25
Repeal the subparagraph.
26
Cessation of widow B pension Schedule 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
59
30 Paragraph 1061PJ(2)(e)
1
Repeal the paragraph.
2
31 Subparagraph 1061T(1)(a)(ii)
3
Omit ", a widow B pension".
4
32 Part 3.4
5
Repeal the Part.
6
33 Section 1067G (table item 18 in Module L of the Youth
7
Allowance Rate Calculator)
8
Repeal the item.
9
34 Paragraph 1070(b)
10
Repeal the paragraph.
11
35 Paragraph 1070A(b)
12
Omit ", C".
13
36 Section 1070E (heading)
14
Repeal the heading, substitute:
15
1070E Specific requirement (certain parenting payments)
16
37 Paragraph 1070E(a)
17
Omit "Pension Rate Calculator C or".
18
38 Section 1070M (heading)
19
Repeal the heading, substitute:
20
1070M Rate for certain parenting payments
21
39 Subsection 1070M(1)
22
Omit "Pension Rate Calculator C or".
23
40 Subsection 1070T(1)
24
Omit "Pension Rate Calculator C or".
25
Schedule 2 Cessation of widow B pension
60
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
41 Paragraph 1073AA(1)(a)
1
Omit "or Pension Rate Calculator C at the end of section 1066".
2
42 Subsections 1073AA(6) and (8)
3
Omit "or point 1066-E2 (whichever is relevant)".
4
43 Paragraph 1130(8)(b)
5
Omit "sections 1064 and 1066", substitute "section 1064".
6
44 Subparagraph 1133(1)(a)(v)
7
Repeal the subparagraph.
8
45 Subparagraph 1187(1)(a)(va)
9
Repeal the subparagraph.
10
46 Subparagraph 1188C(1)(a)(vii)
11
Repeal the subparagraph.
12
47 Subsection 1188C(5) (table item 10)
13
Repeal the item.
14
48 Subparagraph 1188D(2)(a)(vii)
15
Repeal the subparagraph.
16
49 Subparagraph 1188F(2)(b)(vii)
17
Repeal the subparagraph.
18
50 Section 1190 (table item 1AAA)
19
Omit "[Pension Rate Calculator C--point 1066-B1--the annual rate]".
20
51 Section 1190 (table item 20)
21
Omit "[Pension Rate Calculator C--point 1066-E4--Table E--column
22
1]".
23
52 Section 1190 (table item 24)
24
Omit "[Pension Rate Calculator C--point 1066-G3--Table G--column
25
3A--item 1]".
26
Cessation of widow B pension Schedule 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
61
53 Section 1190 (table item 25)
1
Omit "[Pension Rate Calculator C--point 1066-G3--Table G--column
2
3B--item 1]".
3
54 Section 1190 (table item 26)
4
Omit "[Pension Rate Calculator C--point 1066-G3--Table G--column
5
3A--items 2 and 3]".
6
55 Section 1190 (table item 27)
7
Omit "[Pension Rate Calculator C--point 1066-G3--Table G--column
8
3B--items 2 and 3]".
9
56 Subsection 1210(4) (table item 2)
10
Repeal the item.
11
57 Section 1212 (definition of entitled person)
12
Repeal the definition.
13
58 Section 1217 (table items 8 and 9)
14
Repeal the items.
15
59 Paragraph 1218(1)(b)
16
Omit "widow B pension,".
17
60 Subsection 1218(2)
18
Omit "widow B pension,".
19
61 Section 1220A
20
Before "A", insert "(1)".
21
62 At the end of section 1220A
22
Add:
23
(2) Subsection (1) does not apply to a woman if, immediately before
24
20 March 2020, subsection 1221(1) did not apply to the woman
25
because of subsection 1221(2).
26
Schedule 2 Cessation of widow B pension
62
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
(3) Subsection (1) does not apply to a woman if, immediately before
1
20 March 2020, subsection 796(2) did not apply to the woman
2
because of subsection 796(4).
3
(4) Subsection (1) does not apply to a woman if:
4
(a) immediately before 20 March 2020, the woman was
5
receiving a widow B pension mentioned in
6
subclause 128A(2) of Schedule 1A; and
7
(b) immediately before 20 March 2020, subclause 128A(5) of
8
Schedule 1A applied to the woman in relation to that pension.
9
63 Section 1221
10
Repeal the section (not including the Pension Portability Rate
11
Calculator), substitute:
12
1221 Pension Portability Rate Calculator
13
This section sets out the Pension Portability Rate Calculator for the
14
purposes of this Part.
15
64 Section 1221 (at the end of Module A of the Pension
16
Portability Rate Calculator)
17
Add:
18
Former recipients of widow B pension
19
1221-A3 If:
20
(a) immediately before 20 March 2020, a woman was receiving
21
a widow B pension under Part 2.8; and
22
(b) the woman had become qualified for the widow B pension
23
because of the woman's partner's death; and
24
(c) on a day on or after 20 March 2020, the woman's rate of age
25
pension is worked out as mentioned in section 1220A; and
26
(d) on that day, that partner's period of Australian working life
27
residence (immediately before that partner's death) exceeds
28
the woman's period of Australian working life residence on
29
that day; and
30
(e) on that day, the woman is not a member of a couple;
31
then, for the purposes of working out that rate of age pension, the
32
woman's period of Australian working life residence is taken to be
33
Cessation of widow B pension Schedule 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
63
equal to that partner's period of Australian working life residence
1
(immediately before that partner's death).
2
65 Subparagraph 1228B(1)(b)(iv)
3
Repeal the subparagraph.
4
66 Subclause 128A(2) of Schedule 1A
5
Repeal the subclause, substitute:
6
(2) This subclause applies to a person if:
7
(a) the person has become qualified to receive a disability
8
support pension because of the 1986 Agreement; and
9
(b) the person became qualified to receive the pension because
10
he or she became unable to work or became permanently
11
blind, as the case may be, while he or she was in Australia or
12
was temporarily absent from Australia.
13
67 Subclause 128A(5) of Schedule 1A
14
Omit "or widow B pension".
15
68 Subparagraph 146(1)(a)(vi) of Schedule 1A
16
Repeal the subparagraph.
17
69 Subclause 146(2) of Schedule 1A
18
Omit ", 1065-A1 or 1066-A1", substitute "or 1065-A1".
19
70 Subclause 146(3) of Schedule 1A (note)
20
Omit "whichever of points 1064-A1 and 1066-A1 is relevant",
21
substitute "point 1064-A1".
22
71 Subclause 146(4) of Schedule 1A (note 1)
23
Omit "points 1064-A1 and 1066-A1", substitute "point 1064-A1".
24
Social Security (Administration) Act 1999
25
72 Paragraph 52(1)(i)
26
Repeal the paragraph.
27
Schedule 2 Cessation of widow B pension
64
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
73 Paragraphs 66(1)(h) and (k)
1
Repeal the paragraphs.
2
74 Subsection 124PD(1) (subparagraph (b)(v) of the definition
3
of trigger payment)
4
Repeal the subparagraph.
5
75 Subclause 1(1) of Schedule 1 (paragraph (f) of the
6
definition of social security bereavement payment)
7
Repeal the paragraph.
8
Social Security (International Agreements) Act 1999
9
76 Section 21 (heading)
10
Omit "or widow B pension".
11
77 Paragraph 21(a)
12
Omit "or widow B pension".
13
Veterans' Entitlements Act 1986
14
78 Subsection 5F(1) (paragraph (g) of the definition of child)
15
Repeal the paragraph.
16
79 Subsection 118ND(4) (paragraph (f) of the definition of
17
bereavement payment provisions)
18
Repeal the paragraph.
19
80 Subsection 118NE(2) (paragraph (c) of the definition of
20
remote area allowance provisions)
21
Repeal the paragraph.
22
81 Subparagraph 30(1)(a)(ii) of Schedule 5
23
Omit ", widow B pension".
24
Cessation of widow B pension Schedule 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
65
82 Saving and transitional provisions
--widow B pension and
1
special needs widow B pension
2
Widow B pension
3
(1)
Despite the amendments made by this Schedule, Parts 2.8 and 3.4 of,
4
and clauses 128A and 146 of Schedule 1A to, the Social Security Act
5
1991, as in force immediately before the commencement of this item,
6
continue to apply on and after that commencement in relation to
7
working out qualification for, or the rate of, widow B pension in respect
8
of days occurring before that commencement.
9
Note:
Clause 128 of Schedule 1A to the Social Security Act 1991 may also apply to working
10
out the rate of widow B pension in respect of days occurring before that
11
commencement.
12
(2)
If before the commencement of this item:
13
(a) a person receiving widow B pension died; and
14
(b) in relation to that death, an amount had not been paid to a
15
person under section 407 of the Social Security Act 1991;
16
then that section, as in force immediately before that commencement,
17
continues to apply on and after that commencement in relation to that
18
death as if the amendments made by this Schedule had not been made.
19
(3)
No payment of widow B pension is to be made in accordance with
20
Part 4.2 of the Social Security Act 1991 on or after the commencement
21
of this item in relation to a day on or after that commencement.
22
Special needs widow B pension
23
(4)
Despite the amendments made by this Schedule, Part 2.16 of the Social
24
Security Act 1991, as in force immediately before the commencement of
25
this item, continues to apply on and after that commencement in relation
26
to working out qualification for, or the rate of, special needs widow B
27
pension in respect of days occurring before that commencement.
28
(5)
If before the commencement of this item:
29
(a) a person receiving special needs widow B pension died; and
30
(b) in relation to that death, an amount had not been paid to a
31
person under section 830 of the Social Security Act 1991;
32
then that section, as in force immediately before that commencement,
33
continues to apply on and after that commencement in relation to that
34
death as if the amendments made by this Schedule had not been made.
35
Schedule 2 Cessation of widow B pension
66
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
(6)
Subject to subitem (5), no payment of special needs widow B pension is
1
to be made in accordance with Part 2.16 of the Social Security Act 1991
2
on or after the commencement of this item in relation to a day on or
3
after that commencement.
4
83 Saving provision
--Income Tax Assessment Act 1936
5
Despite the amendments made by this Schedule, paragraph 202EA(5)(f)
6
and subparagraph 202EB(5)(a)(vi) of the Income Tax Assessment Act
7
1936, as in force immediately before the commencement of this item,
8
continue to apply on and after that commencement in relation to a
9
person receiving widow B pension under Part 2.8 of the Social Security
10
Act 1991 before, on or after that commencement.
11
84 Saving provision
--Income Tax Assessment Act 1997
12
Despite the amendments made by this Schedule, items 29.1 and 33.1 of
13
the table in section 52-10 and section 52-15 of the Income Tax
14
Assessment Act 1997, as in force immediately before the
15
commencement of this item, continue to apply on and after that
16
commencement in relation to a payment of widow B pension under
17
Part 2.8, or special needs widow B pension under Part 2.16, of the
18
Social Security Act 1991 before, on or after that commencement.
19
85 Saving provisions
--definitions
20
(1)
Despite the amendments made by this Schedule, subsection 7(4) of the
21
Social Security Act 1991, as in force immediately before the
22
commencement of this item, continues to apply on and after that
23
commencement in relation to working out whether a person was an
24
Australian resident for the purposes of Part 2.8 of that Act in relation to
25
days before that commencement.
26
(2)
Despite the amendments made by this Schedule, section 12C of the
27
Social Security Act 1991, as in force immediately before the
28
commencement of this item, continues to apply on and after that
29
commencement in relation to working out the value of a person's assets
30
for the purposes of Part 2.8 of that Act in relation to days before that
31
commencement.
32
(3)
Despite the amendments made by this Schedule, section 19D of the
33
Social Security Act 1991, as in force immediately before the
34
commencement of this item, continues to apply on and after that
35
Cessation of widow B pension Schedule 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
67
commencement in relation to working out whether a person was in
1
severe financial hardship in relation to days before that commencement.
2
86 Saving provisions
--qualification for payments
3
(1)
Despite the amendments made by this Schedule, Division 3 of
4
Part 2.13A of the Social Security Act 1991, as in force immediately
5
before the commencement of this item, continues to apply on and after
6
that commencement in relation to working out qualification for an
7
education entry payment before that commencement.
8
(2)
Despite the amendments made by this Schedule,
9
subparagraph 1061PE(4)(e)(i) and paragraph 1061PJ(2)(e) of the Social
10
Security Act 1991, as in force immediately before the commencement of
11
this item, continue to apply on and after that commencement in relation
12
to working out qualification for a pensioner education supplement in
13
relation to days before that commencement.
14
(3)
Despite the amendments made by this Schedule,
15
subparagraph 1061T(1)(a)(ii) of the Social Security Act 1991, as in
16
force immediately before the commencement of this item, continues to
17
apply on and after that commencement in relation to working out
18
qualification for utilities allowance in relation to days before that
19
commencement.
20
87 Saving provisions
--rates of payments
21
(1)
Despite the amendments made by this Schedule, section 1061JU of the
22
Social Security Act 1991, as in force immediately before the
23
commencement of this item, continues to apply on and after that
24
commencement in relation to working out the amount of a crisis
25
payment in relation to days before that commencement.
26
(2)
Despite the amendments made by this Schedule, table item 18 in
27
Module L of the Youth Allowance Rate Calculator in section 1067G of
28
the Social Security Act 1991, as in force immediately before the
29
commencement of this item, continues to apply on and after that
30
commencement in relation to:
31
(a) working out if a person is a family member in relation to
32
another person for the purposes of Part 2.11 of that Act and
33
that Rate Calculator in relation to days before that
34
commencement; or
35
Schedule 2 Cessation of widow B pension
68
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
(b) working out if a person is exempt from the parental income
1
test for the purposes of that Rate Calculator in relation to
2
days before that commencement.
3
(3)
Despite the amendments made by this Schedule, paragraph 1070(b) of
4
the Social Security Act 1991, as in force immediately before the
5
commencement of this item, continues to apply on and after that
6
commencement in relation to working out the rate of rent assistance in
7
relation to widow B pension for days occurring before that
8
commencement.
9
88 Saving and transitional provisions
--advances
10
(1)
If, before the commencement of this item a person had made an
11
application under Division 2 of Part 2.22 of the Social Security Act
12
1991 for an advance payment of a widow B pension but the application
13
had not been decided before that commencement, then the application is
14
taken to have been refused.
15
(2)
Despite the amendments made by this Schedule, Division 7 of Part 2.22
16
of the Social Security Act 1991, as in force immediately before the
17
commencement of this item, continues to apply on and after that
18
commencement in relation to an advance payment, or an instalment of
19
an advance payment, of widow B pension paid before that
20
commencement.
21
(3)
If, before the commencement of this item a person had made a claim for
22
a special employment advance under Part 2.22A of the Social Security
23
Act 1991 on the basis of being qualified for widow B pension but the
24
claim had not been decided before that commencement, then the claim
25
is taken to have been refused.
26
(4)
Despite the amendments made by this Schedule, Division 7 of
27
Part 2.22A of the Social Security Act 1991, as in force immediately
28
before the commencement of this item, continues to apply on and after
29
that commencement in relation to a special employment advance, or an
30
instalment of a special employment advance, paid before that
31
commencement in respect of widow B pension.
32
Cessation of widow B pension Schedule 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
69
89 Saving and transitional provisions
--pension loans
1
scheme
2
(1)
If, before the commencement of this item a person had made a request
3
under section 1136 of the Social Security Act 1991 in relation to widow
4
B pension but the request had not been decided before that
5
commencement, then the request is taken to have been refused.
6
(2)
Despite the amendments made by this Schedule, Division 4 of Part 3.12
7
of the Social Security Act 1991, as in force immediately before the
8
commencement of this item, continues to apply on and after that
9
commencement in relation to a payment of widow B pension made
10
before, on or after that commencement.
11
90 Saving provisions
--other Social Security Act 1991
12
provisions
13
(1)
Despite the amendments made by this Schedule,
14
subparagraph 1187(1)(a)(va) of the Social Security Act 1991, as in force
15
immediately before the commencement of this item, continues to apply
16
on and after that commencement in relation to widow B pension
17
payable to a person in respect of days occurring before that
18
commencement.
19
(2)
Despite the amendments made by this Schedule, Divisions 2 and 3 of
20
Part 3.15A of the Social Security Act 1991, as in force immediately
21
before the commencement of this item, continue to apply on and after
22
that commencement in relation to a person qualified for widow B
23
pension, or to a person to whom widow B pension was payable, in
24
respect of days occurring before that commencement.
25
(3)
Despite the amendments made by this Schedule, Chapter 5 of the Social
26
Security Act 1991, as in force immediately before the commencement of
27
this item, continues to apply on and after that commencement in relation
28
to a payment of widow B pension, or special needs widow B pension,
29
made before, on or after that commencement.
30
91 Saving provisions
--Social Security (Administration) Act
31
1999
32
(1)
Despite the amendments made by this Schedule, Part 3 of the Social
33
Security (Administration) Act 1999, as in force immediately before the
34
Schedule 2 Cessation of widow B pension
70
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
commencement of this item, continues to apply on and after that
1
commencement in relation to the following:
2
(a) making a payment of widow B pension, or special needs
3
widow B pension, in respect of days occurring before that
4
commencement;
5
(b) a determination or requirement made under that Part before
6
that commencement, or the making of a determination or
7
requirement under that Part on or after that commencement,
8
in relation to widow B pension or special needs widow B
9
pension.
10
(2)
Despite the amendments made by this Schedule, Parts 3B and 3D of the
11
Social Security (Administration) Act 1999, as in force immediately
12
before the commencement of this item, continue to apply on and after
13
that commencement in relation to a payment of widow B pension or
14
special needs widow B pension, or of a social security bereavement
15
payment in relation to widow B pension or special needs widow B
16
pension, made before, on or after that commencement.
17
(3)
Despite the amendments made by this Schedule, Parts 4 and 4A of the
18
Social Security (Administration) Act 1999, as in force immediately
19
before the commencement of this item, continue to apply on and after
20
that commencement in relation to a decision under the social security
21
law, in relation to widow B pension or special needs widow B pension,
22
made before, on or after that commencement.
23
92 Saving provision
--Social Security (International
24
Agreements) Act 1999
25
Despite the amendments made by this Schedule, section 21 of the Social
26
Security (International Agreements) Act 1999, as in force immediately
27
before the commencement of this item, continues to apply on and after
28
that commencement in relation to working out the rate of widow B
29
pension in respect of days occurring before that commencement.
30
93 Saving provisions
--Veterans' Entitlements Act 1986
31
(1)
Despite the amendments made by this Schedule, sections 118ND and
32
118NE of the Veterans' Entitlements Act 1986, as in force immediately
33
before the commencement of this item, continue to apply on and after
34
that commencement in relation to working out the rate of widow B
35
pension, or special needs widow B pension, in respect of days occurring
36
before, on or after that commencement.
37
Cessation of widow B pension Schedule 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
71
(2)
Despite the amendments made by this Schedule, clause 30 of
1
Schedule 5 to the Veterans' Entitlements Act 1986, as in force
2
immediately before the commencement of this item, continues to apply
3
on and after that commencement in relation to working out the rate of
4
service pension or income support supplement in respect of days
5
occurring before that commencement.
6
Schedule 3 Cessation of wife pension
72
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Schedule 3--Cessation of wife pension
1
2
A New Tax System (Family Assistance) Act 1999
3
1 Paragraph 7(b) of Schedule 3
4
Repeal the paragraph.
5
Child Support (Assessment) Act 1989
6
2 Subsection 5(1) (paragraph (b) of the definition of tax free
7
pension or benefit)
8
Repeal the paragraph.
9
Income Tax Assessment Act 1936
10
3 Paragraph 202EA(5)(c)
11
Repeal the paragraph.
12
4 Subparagraph 202EB(5)(a)(iii)
13
Repeal the subparagraph.
14
Income Tax Assessment Act 1997
15
5 Section 52-10 (table items 34.1 to 34.4)
16
Repeal the items.
17
6 Section 52-15 (table item 1)
18
Omit:
19
Wife pension
7 Subsection 52-25(1) (table)
20
Omit:
21
Wife pension
8 Section 52-40 (table item 34)
22
Repeal the item.
23
Cessation of wife pension Schedule 3
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
73
Social Security Act 1991
1
9 Subsection 17(1) (paragraph (e) of the definition of
2
compensation affected payment)
3
Repeal the paragraph.
4
10 Subsection 17(1) (definition of disability support wife
5
pension)
6
Repeal the definition.
7
11 Subsection 19D(5) (subparagraph (a)(iv) of the definition
8
of maximum payment rate)
9
Repeal the subparagraph.
10
12 Subsection 21(1) (definition of partner bereavement
11
payment)
12
Omit "189,".
13
13 Subsection 23(1) (definition of disability support wife
14
pension)
15
Repeal the definition.
16
14 Subsection 23(1) (paragraph (c) of the definition of social
17
security entitlement)
18
Repeal the paragraph.
19
15 Subsection 23(1) (paragraph (c) of the definition of social
20
security pension)
21
Repeal the paragraph.
22
16 Subsection 23(1) (paragraph (j) of the definition of special
23
employment advance qualifying entitlement)
24
Repeal the paragraph.
25
17 Paragraph 23(4A)(g)
26
Repeal the paragraph, substitute:
27
(g) the person continues to be qualified for the pension or benefit
28
on and from the cessation day;
29
Schedule 3 Cessation of wife pension
74
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
18 After subsection 43(1A)
1
Insert:
2
(1B) A woman is qualified for an age pension if:
3
(a) immediately before 20 March 2020:
4
(i) the woman was receiving a wife pension under Part 2.4;
5
or
6
(ii) the woman was receiving a wife pension under a
7
scheduled international social security agreement; and
8
(b) immediately before 20 March 2020, the woman was not
9
receiving carer allowance under Part 2.19; and
10
(c) the woman has reached pension age; and
11
(d) the woman is not otherwise qualified for an age pension.
12
Note:
For pension age see subsections 23(5A), (5B) (5C) and (5D).
13
19 Part 2.4
14
Repeal the Part.
15
20 At the end of subsection 197A(1)
16
Add:
17
; (j) section 198AD (wife pension and carer allowance recipient).
18
21 After section 198AC
19
Insert:
20
198AD Qualification--wife pension and carer allowance recipient
21
A woman is qualified for a carer payment if:
22
(a) immediately before 20 March 2020, the woman was
23
receiving a wife pension under Part 2.4; and
24
(b) immediately before 20 March 2020, the woman was
25
receiving carer allowance under Part 2.19; and
26
(c) on and after 20 March 2020, the woman continuously
27
receives carer allowance under Part 2.19; and
28
(d) the woman is not otherwise qualified for a carer payment.
29
Note:
The effect of paragraph (c) is that once the woman stops receiving
30
carer allowance, the woman will not be able to again qualify for a
31
carer payment under this section.
32
Cessation of wife pension Schedule 3
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
75
22 Subsection 202(6)
1
Repeal the subsection.
2
23 Subsection 611(1)
3
Omit "A", substitute "Subject to section 654, a".
4
24 Section 643
5
Omit "A", substitute "Subject to this Division, a".
6
25 At the end of Division 4 of Part 2.12
7
Add:
8
654 Rate of jobseeker payment for former recipients of wife pension
9
(1) This section applies if:
10
(a) a woman was receiving wife pension under Part 2.4
11
immediately before 20 March 2020; and
12
(b) the Secretary makes a determination under section 12 of the
13
Administration Act that the woman is taken to have made a
14
claim for jobseeker payment because the woman became
15
qualified for that payment immediately after ceasing to
16
receive wife pension.
17
(2) The Secretary must, in determining the claim, disregard
18
section 611.
19
(3) Subject to this section, if:
20
(a) the Secretary determines that the claim is to be granted; and
21
(b) as a result of that determination and disregarding section 611,
22
jobseeker payment is payable to the woman on a day (a
23
transition day) on or after 20 March 2020;
24
the woman's jobseeker payment rate on the transition day is
25
worked out in accordance with the following method statement:
26
Method statement
27
Step 1. Work out the woman's jobseeker payment rate on the
28
transition day in accordance with sections 643 and
29
644AAA.
30
Schedule 3 Cessation of wife pension
76
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Step 2. Work out the woman's wife pension transition rate on the
1
transition day.
2
Note:
See subsection (4) for the wife pension transition rate.
3
Step 3. If the rate at step 2 exceeds the rate at step 1, the
4
woman's jobseeker payment rate on the transition day is
5
the rate at step 2.
6
Step 4. If the rate at step 2 does not exceed the rate at step 1, the
7
woman's jobseeker payment rate on the transition day is
8
the rate at step 1.
9
(4) The woman's wife pension transition rate on a transition day is the
10
rate worked out in accordance with section 655 or 656.
11
(5) If, for a period of 42 consecutive days, the following apply:
12
(a) the woman's jobseeker payment rate is the rate at step 1 of
13
the method statement in subsection (3);
14
(b) if section 611 had applied in relation to the woman
15
throughout that period, the value of the woman's assets
16
throughout that period is less than or equal to the woman's
17
asset value limit under that section;
18
then for any day after the end of that period:
19
(c) section 611 applies in relation to the woman; and
20
(d) the woman's jobseeker payment rate is to be worked out in
21
accordance with sections 643 and 644AAA (and not under
22
this section).
23
(6) If, on a day (the cessation day) on or after 20 March 2020, the
24
woman would not have qualified for a wife pension if Part 2.4 (as
25
in force immediately before 20 March 2020) were still in force on
26
the cessation day, then on and after the cessation day:
27
(a) section 611 applies in relation to the woman; and
28
(b) the woman's jobseeker payment rate is to be worked out in
29
accordance with sections 643 and 644AAA (and not under
30
this section).
31
Cessation of wife pension Schedule 3
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
77
655 Wife pension transition rate--method 1
1
(1) A woman's wife pension transition rate on a day is worked out in
2
accordance with this section if:
3
(a) on 19 March 2020, there was no reduction under step 5 of the
4
method statement in point 1064-A1, and there was no
5
reduction under step 9 of that method statement, in relation to
6
the woman's rate of wife pension on that day; and
7
(b) assuming the woman were receiving newstart allowance on
8
each day in the period starting on 6 February 2020 and
9
ending at the end of 19 March 2020, there would have been
10
no reduction under step 5 of the method statement in point
11
1068-A1 on any day in that period.
12
(2) The woman's wife pension transition rate on a day is the rate that
13
would have been the woman's rate of wife pension on that day
14
under Module A of the Pension Rate Calculator A in section 1064
15
if the woman had been receiving wife pension on that day.
16
(3) However, subsection (2) applies with the following modifications:
17
(a) in working out the amount at step 1 of the method statement
18
in point 1064-A1, assume each amount in the table in point
19
1064-B1 were that amount as at 19 March 2020;
20
(b) in working out the amount at step 1A of the method
21
statement in point 1064-A1:
22
(i) assume the combined couple rate of pension supplement
23
were that amount as at 19 March 2020; and
24
(ii) assume the combined couple rate of minimum pension
25
supplement were that amount as at 19 March 2020;
26
(c) assume the amount at step 5 of the method statement in point
27
1064-A1 were the amount worked out at step 5 of the method
28
statement in point 1068-A1, multiplied by 26;
29
(d) in working out the amount at step 9 of the method statement
30
in point 1064-A1, assume each amount in the table in point
31
1064-G3 were that amount as at 19 March 2020.
32
656 Wife pension transition rate--method 2
33
(1) A woman's wife pension transition rate on a day is worked out in
34
accordance with this section if:
35
Schedule 3 Cessation of wife pension
78
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
(a) on 19 March 2020, there was a reduction under either or both
1
of steps 5 and 9 of the method statement in point 1064-A1 in
2
relation to the woman's rate of wife pension on that day; or
3
(b) assuming the woman were receiving newstart allowance on
4
each day in the period starting on 6 February 2020 and
5
ending at the end of 19 March 2020, there would have been a
6
reduction under step 5 of the method statement in point
7
1068-A1 on at least one day in that period.
8
(2) The woman's wife pension transition rate on a day is the rate that
9
would have been the woman's rate of wife pension on that day
10
under Module A of the Pension Rate Calculator A in section 1064
11
if the woman had been receiving wife pension on that day.
12
(3) However, subsection (2) applies with the following modifications:
13
(a) in working out the amount at step 1 of the method statement
14
in point 1064-A1, assume each amount in the table in point
15
1064-B1 were that amount as at 19 March 2020;
16
(b) in working out the amount at step 1A of the method
17
statement in point 1064-A1:
18
(i) assume the combined couple rate of pension supplement
19
were that amount as at 19 March 2020; and
20
(ii) assume the combined couple rate of minimum pension
21
supplement were that amount as at 19 March 2020;
22
(c) in working out the amount at step 5 of the method statement
23
in point 1064-A1, assume each amount in the table in point
24
1064-E4 were that amount as at 19 March 2020;
25
(d) in working out the amount at step 9 of the method statement
26
in point 1064-A1, assume each amount in the table in point
27
1064-G3 were that amount as at 19 March 2020.
28
(4) For the purposes of this section, take into account clause 146 of
29
Schedule 1A as in force immediately before 20 March 2020.
30
However, in taking that clause into account, assume each amount
31
referred to in subparagraph 146(4)(a)(i) of Schedule 1A were that
32
amount as at 19 March 2020.
33
26 Division 10 of Part 2.13A
34
Repeal the Division.
35
Cessation of wife pension Schedule 3
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
79
27 Subsection 992X(2) (table item 4)
1
Repeal the item.
2
28 Subsection 992X(3A) (heading)
3
Repeal the heading, substitute:
4
Effect of nil rates of carer payment, partner service pension and
5
carer service pension
6
29 Subparagraph 992X(3A)(a)(i)
7
Omit "or wife pension".
8
30 Subparagraph 992X(3A)(a)(i)
9
Omit "or pension".
10
31 Subsection 1061A(3) (heading)
11
Omit ", disability support, wife", substitute "and disability support".
12
32 Subsection 1061A(3)
13
Omit ", wife pension".
14
33 Section 1061ECA (heading)
15
Omit ", disability support, wife", substitute "and disability support".
16
34 Paragraph 1061ECA(1)(c)
17
Repeal the paragraph.
18
35 Subsection 1061JU(4) (subparagraph (a)(iv) of the
19
definition of maximum basic rate)
20
Repeal the subparagraph.
21
36 Paragraph 1061PJ(2)(b)
22
Repeal the paragraph.
23
37 Subparagraph 1061T(1)(a)(ii)
24
Omit ", a carer payment, a wife pension", substitute "or a carer
25
payment".
26
Schedule 3 Cessation of wife pension
80
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
38 After subsection 1061ZA(2D)
1
Insert:
2
(2E) Subject to subsection (3), a woman is qualified for a pensioner
3
concession card on a day if, on that day:
4
(a) the woman is receiving a jobseeker payment; and
5
(b) the woman's jobseeker payment rate is worked out under
6
section 654.
7
39 Subsection 1061ZA(3)
8
Omit "and (2D)", substitute ", (2D) and (2E)".
9
40 Section 1061ZE
10
Repeal the section.
11
41 Subsection 1061ZEA(1)
12
Omit ", 1061ZE".
13
42 Subparagraph 1061ZEA(2)(ga)(i)
14
Repeal the subparagraph.
15
43 Subsection 1061ZK(5)
16
Omit "or (2D)", substitute ", (2D) or (2E)".
17
44 Subparagraph 1061ZUC(1)(a)(i)
18
Omit "1061ZE,".
19
45 Section 1064 (heading)
20
Repeal the heading, substitute:
21
1064 Rate of age and disability support pensions and carer payment
22
(people who are not blind)
23
46 Paragraph 1064(1)(c)
24
Repeal the paragraph.
25
47 Subparagraph 1064(5)(b)(iii)
26
Repeal the subparagraph.
27
Cessation of wife pension Schedule 3
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
81
48 Subparagraph 1064(7)(b)(iii)
1
Repeal the subparagraph.
2
49 Paragraph 1064-E3(a)
3
Omit "wife pension,".
4
50 Subparagraph 1067F(1)(d)(vi)
5
Repeal the subparagraph.
6
51 Section 1067G (table items 6 and 21 in Module L of the
7
Youth Allowance Rate Calculator)
8
Repeal the items.
9
52 Subparagraph 1067K(1)(d)(v)
10
Repeal the subparagraph.
11
53 Paragraph 1070(a)
12
Omit ", disability support and wife pensions", substitute "and disability
13
support pensions".
14
54 Section 1070D (heading)
15
Repeal the heading, substitute:
16
1070D Specific requirement (carer payments and certain age and
17
disability support pensions)
18
55 Section 1070L (heading)
19
Repeal the heading, substitute:
20
1070L Rate for carer payments and certain age and disability
21
support pensions
22
56 Subsection 1073J(1)
23
Omit "(1)".
24
57 Subsection 1073J(2)
25
Repeal the subsection.
26
Schedule 3 Cessation of wife pension
82
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
58 Subparagraph 1133(2)(a)(iii)
1
Repeal the subparagraph.
2
59 Subsection 1161(1)
3
Omit "to (7)", substitute "to (6A)".
4
60 Subsection 1161(7)
5
Repeal the subsection.
6
61 Subsection 1185(5) (paragraph (a) of the definition of
7
dependency-based payment)
8
Repeal the paragraph.
9
62 Subparagraph 1187(1)(a)(ii)
10
Repeal the subparagraph.
11
63 Subparagraph 1187(2)(c)(i)
12
Repeal the subparagraph.
13
64 Subparagraph 1188C(1)(a)(iii)
14
Repeal the subparagraph.
15
65 Subsection 1188C(5) (table item 5)
16
Repeal the item.
17
66 Subparagraph 1188D(2)(a)(iii)
18
Repeal the subparagraph.
19
67 Subparagraph 1188F(2)(b)(iii)
20
Repeal the subparagraph.
21
68 Section 1217 (table items 4 and 5)
22
Repeal the items.
23
69 Paragraph 1218(1)(b)
24
Omit "wife pension,".
25
Cessation of wife pension Schedule 3
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
83
70 Subsection 1218(2)
1
Omit "wife pension,".
2
71 At the end of section 1220A
3
Add:
4
(5) Subsection (1) does not apply to a woman if:
5
(a) immediately before 20 March 2020, the woman was
6
receiving a wife pension under Part 2.4; and
7
(b) immediately before 20 March 2020, clause 128 of
8
Schedule 1A applied to the woman in relation to that pension.
9
72 Section 1221 (at the end of Module A of the Pension
10
Portability Rate Calculator)
11
Add:
12
Former recipients of wife pension
13
1221-A4 If immediately before 20 March 2020:
14
(a) either:
15
(i) a woman was receiving a wife pension under Part 2.4;
16
or
17
(ii) a woman was receiving a wife pension under a
18
scheduled international social security agreement; and
19
(b) the woman was a member of a couple; and
20
(c) the rate of the woman's wife pension was required to be
21
worked out having regard to the woman's period of
22
Australian working life residence; and
23
(d) the woman's period of Australian working life residence was
24
taken to be equal to the period of Australian working life
25
residence of the woman's partner;
26
then, for a day on or after 20 March 2020, the woman's period of
27
Australian working life residence is taken to be equal to the period
28
of Australian working life residence of the woman's partner if the
29
following apply on that day:
30
(e) the woman is a member of that same couple;
31
(f) the woman's rate of age pension is worked out as mentioned
32
in section 1220A.
33
Schedule 3 Cessation of wife pension
84
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
73 Subparagraph 1223ABC(1)(b)(ii)
1
Repeal the subparagraph.
2
74 Subparagraph 1223ABD(1)(b)(ii)
3
Repeal the subparagraph.
4
75 Subparagraph 1228B(1)(b)(iii)
5
Repeal the subparagraph.
6
76 Subparagraph 146(1)(a)(iii) of Schedule 1A
7
Repeal the subparagraph.
8
Social Security (Administration) Act 1999
9
77 Paragraph 52(1)(j)
10
Repeal the paragraph.
11
78 Subsection 53(3)
12
Repeal the subsection.
13
79 Paragraph 66(1)(l)
14
Repeal the paragraph.
15
80 Paragraph 96(6)(b)
16
Omit "wife pension or".
17
81 Subsection 96(6)
18
Omit "wife pension or carer payment, as the case may be,", substitute
19
"carer payment".
20
82 Paragraph 97(2)(b)
21
Omit "wife pension or".
22
83 Subsection 97(2)
23
Omit "wife pension or carer payment, as the case may be,", substitute
24
"carer payment".
25
Cessation of wife pension Schedule 3
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
85
84 Paragraph 97(4)(b)
1
Omit "wife pension or".
2
85 Subsection 97(4)
3
Omit "wife pension or carer payment, as the case may be,", substitute
4
"carer payment".
5
86 Paragraph 97A(5)(b)
6
Omit "wife pension or".
7
87 Subsection 97A(5)
8
Omit "wife pension or carer payment, as the case may be,", substitute
9
"carer payment".
10
88 Paragraph 97B(4)(b)
11
Omit "wife pension or".
12
89 Subsection 97B(4)
13
Omit "wife pension or carer payment, as the case may be,", substitute
14
"carer payment".
15
90 Subsection 124PD(1) (at the end of subparagraph (b)(iv) of
16
the definition of trigger payment)
17
Add "or".
18
91 Subsection 124PD(1) (subparagraph (b)(vi) of the
19
definition of trigger payment)
20
Repeal the subparagraph.
21
92 Subclause 1(1) of Schedule 1 (paragraph (c) of the
22
definition of social security bereavement payment)
23
Repeal the paragraph.
24
Veterans' Entitlements Act 1986
25
93 Subsection 5F(1) (paragraph (d) of the definition of child)
26
Repeal the paragraph.
27
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94 Paragraph 45N(1)(bb)
1
Repeal the paragraph.
2
95 Subsections 45N(3) and (4)
3
Omit "or (bb)".
4
96 Subsection 118ND(4) (paragraph (c) of the definition of
5
bereavement payment provisions)
6
Repeal the paragraph.
7
97 Subparagraph 30(1)(a)(ii) of Schedule 5
8
Omit "wife pension,".
9
98 Saving and transitional provisions
--wife pension
10
(1)
Despite the amendments made by this Schedule, Parts 2.4 and 3.2 of,
11
and clause 146 of Schedule 1A to, the Social Security Act 1991, as in
12
force immediately before the commencement of this item, continue to
13
apply on and after that commencement in relation to working out
14
qualification for, or the rate of, wife pension in respect of days
15
occurring before that commencement.
16
(2)
If before the commencement of this item:
17
(a) a woman was receiving wife pension; and
18
(b) the woman's partner died;
19
then Division 9 of Part 2.4 of the Social Security Act 1991, as in force
20
immediately before that commencement, continues to apply on and after
21
that commencement in relation to the woman as if the amendments
22
made by this Schedule had not been made.
23
(3)
No payment of wife pension is to be made in accordance with Part 4.2
24
of the Social Security Act 1991 on or after the commencement of this
25
item in relation to a day on or after that commencement.
26
(4)
A person is not qualified for an age pension under Part 2.2 of the Social
27
Security Act 1991 in respect of a day on or after the commencement of
28
this item if the person receives wife pension in respect of that day.
29
(5)
If:
30
(a) on or after the commencement of this item, the Secretary
31
makes a determination under section 12 of the Social Security
32
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87
(Administration) Act 1999 that a woman is taken to have
1
made a claim for carer payment; and
2
(b) the Secretary makes the determination on the basis that the
3
woman is qualified for the payment under section 198AD of
4
the Social Security Act 1991;
5
then section 203 of the Social Security Act 1991 does not apply in
6
relation to that claim.
7
99 Saving provision
--A New Tax System (Family Assistance)
8
Act 1999
9
Despite the amendments made by this Schedule, paragraph 7(b) of
10
Schedule 3 to the A New Tax System (Family Assistance) Act 1999, as in
11
force immediately before the commencement of this item, continues to
12
apply on and after that commencement in relation to a payment of wife
13
pension under Part 2.4 of the Social Security Act 1991 before, on or
14
after that commencement.
15
100 Saving provision
--Child Support (Assessment) Act 1989
16
Despite the amendments made by this Schedule, a payment of wife
17
pension under Part 2.4 of the Social Security Act 1991 before, on or
18
after the commencement of this item is a tax free pension or benefit for
19
the purposes of the Child Support (Assessment) Act 1989.
20
101 Saving provision
--Income Tax Assessment Act 1936
21
Despite the amendments made by this Schedule, paragraph 202EA(5)(c)
22
and subparagraph 202EB(5)(a)(iii) of the Income Tax Assessment Act
23
1936, as in force immediately before the commencement of this item,
24
continue to apply on and after that commencement in relation to a
25
person receiving wife pension under Part 2.4 of the Social Security Act
26
1991 before, on or after that commencement.
27
102 Saving provision
--Income Tax Assessment Act 1997
28
Despite the amendments made by this Schedule, items 34.1 to 34.4 of
29
the table in section 52-10 and sections 52-15 and 52-25 of the Income
30
Tax Assessment Act 1997, as in force immediately before the
31
commencement of this item, continue to apply on and after that
32
commencement in relation to a payment of wife pension under Part 2.4
33
of the Social Security Act 1991 before, on or after that commencement.
34
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103 Saving provisions
--definitions
1
(1)
Despite the amendments made by this Schedule, section 19D of the
2
Social Security Act 1991, as in force immediately before the
3
commencement of this item, continues to apply on and after that
4
commencement in relation to working out whether a person was in
5
severe financial hardship in relation to days before that commencement.
6
(2)
Despite the amendments made by this Schedule, paragraph 23(4A)(g) of
7
the Social Security Act 1991, as in force immediately before the
8
commencement of this item, continues to apply on and after that
9
commencement in relation to working out if a woman is receiving wife
10
pension at a time before, on or after that commencement.
11
104 Saving provisions
--qualification for payments
12
(1)
Despite the amendments made by this Schedule, subsection 202(6) of
13
the Social Security Act 1991, as in force immediately before the
14
commencement of this item, continues to apply on and after that
15
commencement in relation to working out if carer payment is payable to
16
a person in respect of days occurring before that commencement.
17
(2)
Despite the amendments made by this Schedule, Division 10 of
18
Part 2.13A of the Social Security Act 1991, as in force immediately
19
before the commencement of this item, continues to apply on and after
20
that commencement in relation to working out qualification for an
21
education entry payment before, on or after that commencement.
22
(3)
Despite the amendments made by this Schedule,
23
paragraph 1061PJ(2)(b) of the Social Security Act 1991, as in force
24
immediately before the commencement of this item, continues to apply
25
on and after that commencement in relation to working out qualification
26
for a pensioner education supplement before, on or after that
27
commencement.
28
(4)
Despite the amendments made by this Schedule,
29
subparagraph 1061T(1)(a)(ii) of the Social Security Act 1991, as in
30
force immediately before the commencement of this item, continues to
31
apply on and after that commencement in relation to working out
32
qualification for utilities allowance in relation to days before, on or after
33
that commencement.
34
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89
105 Saving provisions
--rates of payments
1
(1)
Despite the amendments made by this Schedule, subsections 992X(2)
2
and (3A) of the Social Security Act 1991, as in force immediately before
3
the commencement of this item, continue to apply on and after that
4
commencement in relation to working out the amount of carer
5
supplement at a time before, on or after that commencement.
6
(2)
Despite the amendments made by this Schedule, section 1061JU of the
7
Social Security Act 1991, as in force immediately before the
8
commencement of this item, continues to apply on and after that
9
commencement in relation to working out the amount of a crisis
10
payment in relation to days before that commencement.
11
(3)
Despite the amendments made by this Schedule, table items 6 and 21 in
12
Module L of the Youth Allowance Rate Calculator in section 1067G of
13
the Social Security Act 1991, as in force immediately before the
14
commencement of this item, continue to apply on and after that
15
commencement in relation to:
16
(a) working out if a person is a family member in relation to
17
another person for the purposes of Part 2.11 of that Act and
18
that Rate Calculator in relation to days before that
19
commencement; or
20
(b) working out if a person is exempt from the parental income
21
test for the purposes of that Rate Calculator in relation to
22
days before that commencement.
23
(4)
Despite the amendments made by this Schedule, paragraph 1070(a) of
24
the Social Security Act 1991, as in force immediately before the
25
commencement of this item, continues to apply on and after that
26
commencement in relation to working out the rate of rent assistance in
27
relation to wife pension for days in respect of which wife pension is
28
payable to a person.
29
(5)
Despite the amendments made by this Schedule, Divisions 2 and 3 of
30
Part 3.15A of the Social Security Act 1991, as in force immediately
31
before the commencement of this item, continue to apply on and after
32
that commencement in relation to wife pension payable to a person in
33
respect of days occurring before, on or after that commencement.
34
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106 Saving provision
--concession cards
1
Despite the amendments made by this Schedule, section 1061ZE of the
2
Social Security Act 1991, as in force immediately before the
3
commencement of this item, continues to apply on and after that
4
commencement in relation to a person who ceased to be qualified for
5
wife pension, or in respect of whom wife pension ceased to be payable,
6
before that commencement.
7
107 Saving and transitional provisions
--advances
8
(1)
If, before the commencement of this item a person had made an
9
application under Division 2 of Part 2.22 of the Social Security Act
10
1991 for an advance payment of a wife pension but the application had
11
not been decided before that commencement, then the application is
12
taken to have been refused.
13
(2)
Despite the amendments made by this Schedule, Division 7 of Part 2.22
14
of the Social Security Act 1991, as in force immediately before the
15
commencement of this item, continues to apply on and after that
16
commencement in relation to an advance payment, or an instalment of
17
an advance payment, of wife pension paid before that commencement.
18
(3)
If, before the commencement of this item a person had made a claim for
19
a special employment advance under Part 2.22A of the Social Security
20
Act 1991 on the basis of being qualified for wife pension but the claim
21
had not been decided before that commencement, then the claim is
22
taken to have been refused.
23
(4)
Despite the amendments made by this Schedule, Division 7 of
24
Part 2.22A of the Social Security Act 1991, as in force immediately
25
before the commencement of this item, continues to apply on and after
26
that commencement in relation to a special employment advance, or an
27
instalment of a special employment advance, paid before that
28
commencement in respect of wife pension.
29
108 Saving and transitional provisions
--pension loans
30
scheme
31
(1)
If, before the commencement of this item a person had made a request
32
under section 1136 of the Social Security Act 1991 in relation to wife
33
pension but the request had not been decided before that
34
commencement, then the request is taken to have been refused.
35
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91
(2)
Despite the amendments made by this Schedule, Division 4 of Part 3.12
1
of the Social Security Act 1991, as in force immediately before the
2
commencement of this item, continues to apply on and after that
3
commencement in relation to a payment of wife pension made before,
4
on or after that commencement.
5
109 Saving provisions
--other Social Security Act 1991
6
provisions
7
(1)
Despite the amendments made by this Schedule,
8
subparagraphs 1067F(1)(d)(vi) and 1067K(1)(d)(v) of the Social
9
Security Act 1991, as in force immediately before the commencement of
10
this item, continue to apply on and after that commencement in relation
11
to working out if a person is a long term income support student at a
12
time before, on or after that commencement.
13
(2)
Despite the amendments made by this Schedule, Part 3.14 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 payments of wife pension before, on or after that commencement.
17
(3)
Despite the amendments made by this Schedule,
18
subparagraphs 1187(1)(a)(ii) and (2)(c)(i) of the Social Security Act
19
1991, as in force immediately before the commencement of this item,
20
continue to apply on and after that commencement in relation to wife
21
pension payable to a person in respect of days occurring before, on or
22
after that commencement.
23
(4)
Despite the amendments made by this Schedule, Chapter 5 of the Social
24
Security Act 1991, as in force immediately before the commencement of
25
this item, continues to apply on and after that commencement in relation
26
to a payment of wife pension made before, on or after that
27
commencement.
28
110 Saving provisions
--Social Security (Administration) Act
29
1999
30
(1)
Despite the amendments made by this Schedule, Part 3 of the Social
31
Security (Administration) Act 1999, as in force immediately before the
32
commencement of this item, continues to apply on and after that
33
commencement in relation to the following:
34
(a) making a payment of wife pension in respect of days for
35
which wife pension is payable to a person;
36
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
(b) a determination or requirement made under that Part before
1
that commencement, or the making of a determination or
2
requirement under that Part on or after that commencement,
3
in relation to wife pension.
4
(2)
Despite the amendments made by this Schedule, Parts 3B and 3D of the
5
Social Security (Administration) Act 1999, as in force immediately
6
before the commencement of this item, continue to apply on and after
7
that commencement in relation to a payment of wife pension, or of a
8
social security bereavement payment in relation to wife pension, made
9
before, on or after that commencement.
10
(3)
Despite the amendments made by this Schedule, Parts 4 and 4A of the
11
Social Security (Administration) Act 1999, as in force immediately
12
before the commencement of this item, continue to apply on and after
13
that commencement in relation to a decision under the social security
14
law, in relation to wife pension, made before, on or after that
15
commencement.
16
111 Saving provisions
--Veterans' Entitlements Act 1986
17
(1)
Despite the amendments made by this Schedule, section 45N of the
18
Veterans' Entitlements Act 1986, as in force immediately before the
19
commencement of this item, continues to apply on and after that
20
commencement in relation to a person in receipt of wife pension under
21
Part 2.4 of the Social Security Act 1991 before, on or after that
22
commencement.
23
(2)
Despite the amendments made by this Schedule, sections 118ND and
24
118NE of the Veterans' Entitlements Act 1986, as in force immediately
25
before the commencement of this item, continue to apply on and after
26
that commencement in relation to working out the rate of wife pension
27
in respect of days occurring before, on or after that commencement.
28
(3)
Despite the amendments made by this Schedule, clause 30 of
29
Schedule 5 to the Veterans' Entitlements Act 1986, as in force
30
immediately before the commencement of this item, continues to apply
31
on and after that commencement in relation to working out the rate of
32
service pension or income support supplement in respect of days
33
occurring before that commencement.
34
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93
Schedule 4--Cessation of bereavement
1
allowance
2
3
Income Tax Assessment Act 1997
4
1 Section 52-10 (table item 3.1)
5
Repeal the item.
6
2 Section 52-15 (table item 1)
7
Omit:
8
Bereavement allowance
3 Subsection 52-20(3) (table item 5A)
9
Omit "paragraph 567(1)(f)", substitute "subsection 567(1) or
10
section 567FA".
11
4 Subsection 52-20(3) (table item 6)
12
Omit "Subdivision AA of".
13
5 Subsection 52-20(3) (table item 6)
14
Omit "paragraph 660LA(1)(f)", substitute "subsection 660LA(1) or
15
section 660LH".
16
6 Section 52-40 (table item 3)
17
Repeal the item.
18
7 Section 52-40 (table item 35)
19
Omit "Section 567B", substitute "Sections 567B and 567FA".
20
Social Security Act 1991
21
8 Paragraph 7(4)(d)
22
Repeal the paragraph.
23
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94
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
9 Subsection 23(1) (paragraph (f) of the definition of social
1
security pension)
2
Repeal the paragraph.
3
10 Part 2.7
4
Repeal the Part.
5
11 Section 501E (heading)
6
Repeal the heading, substitute:
7
501E Parenting Payment Employment Pathway Plans--suspension
8
of plans
9
12 Section 501E
10
After "section", insert "502BA,".
11
13 Before section 502C
12
Insert:
13
502BA Death of person's partner
14
Claimants
15
(1) If:
16
(a) a person makes a claim for parenting payment on or after the
17
commencement of this section; and
18
(b) the person makes the claim after the death of the person's
19
partner on or after the commencement of this section; and
20
(c) if the person is a man or a woman who was not pregnant
21
when her partner died--the person makes the claim in the
22
period of 14 weeks starting on the day of the death of the
23
partner; and
24
(d) if the person is a woman who was pregnant when her partner
25
died--the person makes the claim:
26
(i) in the period of 14 weeks starting on the day of the
27
death of the partner; or
28
(ii) in the period starting on the day of the death of the
29
partner and ending when the child is born or the woman
30
otherwise stops being pregnant;
31
Cessation of bereavement allowance Schedule 4
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
95
whichever ends later;
1
then the person is covered by a participation exemption under this
2
Division in respect of the period applicable under paragraph (c) or
3
(d).
4
Recipients
5
(2) If:
6
(a) a person is receiving parenting payment on or after the
7
commencement of this section; and
8
(b) while the person is receiving parenting payment, the person's
9
partner dies on or after the commencement of this section;
10
and
11
(c) if the person is a man or a woman who was not pregnant
12
when her partner died--the person notifies the Secretary of
13
the person's partner's death in the period of 14 weeks starting
14
on the day of the death of the partner; and
15
(d) if the person is a woman who was pregnant when her partner
16
died--the person notifies the Secretary of the person's
17
partner's death:
18
(i) in the period of 14 weeks starting on the day of the
19
death of the partner; or
20
(ii) in the period starting on the day of the death of the
21
partner and ending when the child is born or the woman
22
otherwise stops being pregnant;
23
whichever ends later; and
24
(e) the person is receiving parenting payment on the day of the
25
notification;
26
then the person is covered by a participation exemption under this
27
Division in respect of the period applicable under paragraph (c) or
28
(d).
29
14 After paragraph 542(c)
30
Insert:
31
(ca) the person has a death of partner exemption under
32
section 542EA; or
33
15 After section 542E
34
Insert:
35
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96
Social Services Legislation Amendment (Welfare Reform) Bill 2017
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542EA Relief from activity test--death of person's partner
1
Claimants
2
(1) If:
3
(a) a person makes a claim for youth allowance on or after the
4
commencement of this section; and
5
(b) the person makes the claim after the death of the person's
6
partner on or after the commencement of this section; and
7
(c) if the person is a man or a woman who was not pregnant
8
when her partner died--the person makes the claim in the
9
period of 14 weeks starting on the day of the death of the
10
partner; and
11
(d) if the person is a woman who was pregnant when her partner
12
died--the person makes the claim:
13
(i) in the period of 14 weeks starting on the day of the
14
death of the partner; or
15
(ii) in the period starting on the day of the death of the
16
partner and ending when the child is born or the woman
17
otherwise stops being pregnant;
18
whichever ends later;
19
then the person has a death of partner exemption in respect of the
20
period applicable under paragraph (c) or (d).
21
Recipients
22
(2) If:
23
(a) a person is receiving youth allowance on or after the
24
commencement of this section; and
25
(b) while the person is receiving youth allowance, the person's
26
partner dies on or after the commencement of this section;
27
and
28
(c) if the person is a man or a woman who was not pregnant
29
when her partner died--the person notifies the Secretary of
30
the person's partner's death in the period of 14 weeks starting
31
on the day of the death of the partner; and
32
(d) if the person is a woman who was pregnant when her partner
33
died--the person notifies the Secretary of the person's
34
partner's death:
35
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(i) in the period of 14 weeks starting on the day of the
1
death of the partner; or
2
(ii) in the period starting on the day of the death of the
3
partner and ending when the child is born or the woman
4
otherwise stops being pregnant;
5
whichever ends later; and
6
(e) the person is receiving youth allowance on the day of the
7
notification;
8
then the person has a death of partner exemption in respect of the
9
period applicable under paragraph (c) or (d).
10
16 After paragraph 544A(2)(b)
11
Insert:
12
(baa) has a death of partner exemption under section 542EA; or
13
17 Before paragraph 544E(a)
14
Insert:
15
(aa) has a death of partner exemption under section 542EA; or
16
18 At the end of section 549A
17
Add:
18
Exception--death of person's partner
19
(7) Subsection (1) does not apply to a person if:
20
(a) the person makes a claim for youth allowance on or after the
21
commencement of this subsection; and
22
(b) the person makes the claim after the death of the person's
23
partner on or after the commencement of this subsection; and
24
(c) if the person is a man or a woman who was not pregnant
25
when her partner died--the person makes the claim in the
26
period of 14 weeks starting on the day of the death of the
27
partner; and
28
(d) if the person is a woman who was pregnant when her partner
29
died--the person makes the claim:
30
(i) in the period of 14 weeks starting on the day of the
31
death of the partner; or
32
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(ii) in the period starting on the day of the death of the
1
partner and ending when the child is born or the woman
2
otherwise stops being pregnant;
3
whichever ends later.
4
19 Subsection 549CA(2)
5
Omit "subsection (3)", substitute "subsections (3) and (5)".
6
20 At the end of section 549CA
7
Add:
8
(5) Subsection (2) does not apply to a person if:
9
(a) the person makes a claim for youth allowance on or after the
10
commencement of this subsection; and
11
(b) the person makes the claim after the death of the person's
12
partner on or after the commencement of this subsection; and
13
(c) if the person is a man or a woman who was not pregnant
14
when her partner died--the person makes the claim in the
15
period of 14 weeks starting on the day of the death of the
16
partner; and
17
(d) if the person is a woman who was pregnant when her partner
18
died--the person makes the claim:
19
(i) in the period of 14 weeks starting on the day of the
20
death of the partner; or
21
(ii) in the period starting on the day of the death of the
22
partner and ending when the child is born or the woman
23
otherwise stops being pregnant;
24
whichever ends later.
25
21 At the end of section 553C
26
Add:
27
Exemption for death of person's partner
28
(6) Subsection (2) does not apply to a person if:
29
(a) the person makes a claim for youth allowance on or after the
30
commencement of this subsection; and
31
(b) the person makes the claim after the death of the person's
32
partner on or after the commencement of this subsection; and
33
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(c) if the person is a man or a woman who was not pregnant
1
when her partner died--the person makes the claim in the
2
period of 14 weeks starting on the day of the death of the
3
partner; and
4
(d) if the person is a woman who was pregnant when her partner
5
died--the person makes the claim:
6
(i) in the period of 14 weeks starting on the day of the
7
death of the partner; or
8
(ii) in the period starting on the day of the death of the
9
partner and ending when the child is born or the woman
10
otherwise stops being pregnant;
11
whichever ends later.
12
22 Subdivision A of Division 10 of Part 2.11 (heading)
13
Repeal the heading, substitute:
14
Subdivision A--Ongoing payments for death of partner
15
23 Section 567 (heading)
16
Repeal the heading, substitute:
17
567 Qualification for payments under this Subdivision
18
24 Paragraph 567(1)(f)
19
Omit "Division", substitute "Subdivision".
20
25 Subsection 567(1)
21
Omit "Division" (last occurring), substitute "Subdivision".
22
26 Subsection 567(2)
23
Omit "Division" (wherever occurring), substitute "Subdivision".
24
27 At the end of subsection 567(2)
25
Add:
26
Note:
By making such a choice, the person may qualify for a payment under
27
Subdivision AA.
28
28 Paragraph 567(3)(b)
29
Omit "Division", substitute "Subdivision".
30
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29 Subsection 567(4)
1
Omit "Division", substitute "Subdivision".
2
30 Section 567A
3
Omit "Division", substitute "Subdivision".
4
31 Paragraph 567B(a)
5
Omit "Division", substitute "Subdivision".
6
32 Section 567C
7
Omit "Division" (wherever occurring), substitute "Subdivision".
8
33 Section 567D (heading)
9
Repeal the heading, substitute:
10
567D Effect of death of person entitled to payments under this
11
Subdivision
12
34 Paragraph 567D(a)
13
Omit "Division", substitute "Subdivision".
14
35 Section 567E (heading)
15
Repeal the heading, substitute:
16
567E Matters affecting payments under this Subdivision
17
36 Paragraphs 567E(1)(a), (d) and (e)
18
Omit "Division", substitute "Subdivision".
19
37 Paragraph 567E(2)(a)
20
Omit "Division", substitute "Subdivision".
21
38 Section 567F
22
Omit "Division", substitute "Subdivision".
23
39 After Subdivision A of Division 10 of Part 2.11
24
Insert:
25
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101
Subdivision AA--One-off payment for death of partner
1
567FA Qualification for payment under this Subdivision
2
A person is qualified for a lump sum payment under this
3
Subdivision if:
4
(a) the person is qualified for youth allowance on a day (the
5
relevant day); and
6
(b) youth allowance is payable to the person on the relevant day;
7
and
8
(c) on or before the relevant day but after the commencement of
9
this section, the person was a member of a couple and
10
stopped being a member of a couple because the person's
11
partner died; and
12
(d) the person is not a member of a couple on the relevant day;
13
and
14
(e) when the person's partner died, both the person and the
15
person's partner were Australian residents; and
16
(f) if the person is a man or a woman who was not pregnant
17
when her partner died--the relevant day occurs in the period
18
of 14 weeks starting on the day of the death of the partner;
19
and
20
(g) if the person is a woman who was pregnant when her partner
21
died--the relevant day occurs:
22
(i) in the period of 14 weeks starting on the day of the
23
death of the partner; or
24
(ii) in the period starting on the day of the death of the
25
partner and ending when the child is born or the woman
26
otherwise stops being pregnant;
27
whichever ends later; and
28
(h) the relevant day is the day that the person first notifies the
29
Secretary of the person's partner's death; and
30
(i) if the person is qualified for payments under section 567 in
31
respect of the person's partner's death--the person has made
32
a choice under subsection 567(2).
33
567FB Amount of payment
34
The amount of the payment is worked out using the following
35
formula:
36
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Daily rate of person's youth allowance
14
2
on the relevant day
ï‚´
ï‚´
1
40 Subsection 598(1)
2
Omit "and (8)", substitute ", (8) and (8B)".
3
41 After subsection 598(8A)
4
Insert:
5
(8B) Subsection (1) does not apply to a person if:
6
(a) the person makes a claim for jobseeker payment on or after
7
the commencement of this subsection; and
8
(b) the person makes the claim after the death of the person's
9
partner on or after the commencement of this subsection; and
10
(c) if the person is a man or a woman who was not pregnant
11
when her partner died--the person makes the claim in the
12
period of 14 weeks starting on the day of the death of the
13
partner; and
14
(d) if the person is a woman who was pregnant when her partner
15
died--the person makes the claim:
16
(i) in the period of 14 weeks starting on the day of the
17
death of the partner; or
18
(ii) in the period starting on the day of the death of the
19
partner and ending when the child is born or the woman
20
otherwise stops being pregnant;
21
whichever ends later.
22
42 Subsection 601(1) (notes 1 and 2)
23
Repeal the notes, substitute:
24
Note 1:
See subsections (2A) and (2B) on what paid work is unsuitable.
25
Note 2:
This Subdivision and Subdivision BA set out situations in which a
26
person is taken to satisfy, or is not required to satisfy, the activity test.
27
43 Subsection 601(5) (note)
28
Repeal the note.
29
44 After section 602A
30
Insert:
31
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602AA Relief from activity test--death of person's partner
1
Claimants
2
(1) If:
3
(a) a person makes a claim for jobseeker payment on or after the
4
commencement of this section; and
5
(b) the person makes the claim after the death of the person's
6
partner on or after the commencement of this section; and
7
(c) if the person is a man or a woman who was not pregnant
8
when her partner died--the person makes the claim in the
9
period of 14 weeks starting on the day of the death of the
10
partner; and
11
(d) if the person is a woman who was pregnant when her partner
12
died--the person makes the claim:
13
(i) in the period of 14 weeks starting on the day of the
14
death of the partner; or
15
(ii) in the period starting on the day of the death of the
16
partner and ending when the child is born or the woman
17
otherwise stops being pregnant;
18
whichever ends later;
19
then the person is not required to satisfy the activity test in respect
20
of the period applicable under paragraph (c) or (d).
21
Recipients
22
(2) If:
23
(a) a person is receiving jobseeker payment on or after the
24
commencement of this section; and
25
(b) while the person is receiving jobseeker payment, the person's
26
partner dies on or after the commencement of this section;
27
and
28
(c) if the person is a man or a woman who was not pregnant
29
when her partner died--the person notifies the Secretary of
30
the person's partner's death in the period of 14 weeks starting
31
on the day of the death of the partner; and
32
(d) if the person is a woman who was pregnant when her partner
33
died--the person notifies the Secretary of the person's
34
partner's death:
35
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(i) in the period of 14 weeks starting on the day of the
1
death of the partner; or
2
(ii) in the period starting on the day of the death of the
3
partner and ending when the child is born or the woman
4
otherwise stops being pregnant;
5
whichever ends later; and
6
(e) the person is receiving jobseeker payment on the day of the
7
notification;
8
then the person is not required to satisfy the activity test in respect
9
of the period applicable under paragraph (c) or (d).
10
45 Subsection 605(2C)
11
After "section", insert "602AA,".
12
46 Section 607C (heading)
13
Omit "in cases of domestic violence etc.".
14
47 Section 607C
15
After "section", insert "602AA,".
16
48 Subsection 620(1)
17
Omit "subsection (2)", substitute "subsections (2) and (4)".
18
49 At the end of section 620
19
Add:
20
(4) Subsection (1) does not apply to a person if:
21
(a) the person makes a claim for jobseeker payment on or after
22
the commencement of this subsection; and
23
(b) the person makes the claim after the death of the person's
24
partner on or after the commencement of this subsection; and
25
(c) if the person is a man or a woman who was not pregnant
26
when her partner died--the person makes the claim in the
27
period of 14 weeks starting on the day of the death of the
28
partner; and
29
(d) if the person is a woman who was pregnant when her partner
30
died--the person makes the claim:
31
(i) in the period of 14 weeks starting on the day of the
32
death of the partner; or
33
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105
(ii) in the period starting on the day of the death of the
1
partner and ending when the child is born or the woman
2
otherwise stops being pregnant;
3
whichever ends later.
4
50 At the end of section 633
5
Add:
6
(6) Subsection (2) does not apply to a person if:
7
(a) the person makes a claim for jobseeker payment on or after
8
the commencement of this subsection; and
9
(b) the person makes the claim after the death of the person's
10
partner on or after the commencement of this subsection; and
11
(c) if the person is a man or a woman who was not pregnant
12
when her partner died--the person makes the claim in the
13
period of 14 weeks starting on the day of the death of the
14
partner; and
15
(d) if the person is a woman who was pregnant when her partner
16
died--the person makes the claim:
17
(i) in the period of 14 weeks starting on the day of the
18
death of the partner; or
19
(ii) in the period starting on the day of the death of the
20
partner and ending when the child is born or the woman
21
otherwise stops being pregnant;
22
whichever ends later.
23
51 Subdivision AA of Division 9 of Part 2.12 (heading)
24
Repeal the heading, substitute:
25
Subdivision AA--Ongoing payments for death of partner
26
52 At the end of subsection 660LA(2)
27
Add:
28
Note:
By making such an election, the person may qualify for a payment
29
under Subdivision A.
30
53 Section 660LG
31
Omit "Division", substitute "Subdivision".
32
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54 After Subdivision AA of Division 9 of Part 2.12
1
Insert:
2
Subdivision A--One-off payment for death of partner
3
660LH Qualification for payment under this Subdivision
4
A person is qualified for a lump sum payment under this
5
Subdivision if:
6
(a) the person is qualified for jobseeker payment on a day (the
7
relevant day); and
8
(b) jobseeker payment is payable to the person on the relevant
9
day; and
10
(c) on or before the relevant day but after the commencement of
11
this section, the person was a member of a couple and
12
stopped being a member of a couple because the person's
13
partner died; and
14
(d) the person is not a member of a couple on the relevant day;
15
and
16
(e) when the person's partner died, both the person and the
17
person's partner were Australian residents; and
18
(f) if the person is a man or a woman who was not pregnant
19
when her partner died--the relevant day occurs in the period
20
of 14 weeks starting on the day of the death of the partner;
21
and
22
(g) if the person is a woman who was pregnant when her partner
23
died--the relevant day occurs:
24
(i) in the period of 14 weeks starting on the day of the
25
death of the partner; or
26
(ii) in the period starting on the day of the death of the
27
partner and ending when the child is born or the woman
28
otherwise stops being pregnant;
29
whichever ends later; and
30
(h) the relevant day is the day that the person first notifies the
31
Secretary of the person's partner's death; and
32
(i) if the person is qualified for payments under section 660LA
33
in respect of the person's partner's death--the person has
34
made an election under subsection 660LA(2).
35
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107
660LI Amount of payment
1
The amount of the payment is worked out using the following
2
formula:
3
Daily rate of person's jobseeker payment
14
2
on the relevant day
ï‚´
ï‚´
4
55 After section 731D
5
Insert:
6
731DAA Relief from activity test--death of person's partner
7
Claimants
8
(1) If:
9
(a) a person makes a claim for special benefit on or after the
10
commencement of this section; and
11
(b) the person makes the claim after the death of the person's
12
partner on or after the commencement of this section; and
13
(c) if the person is a man or a woman who was not pregnant
14
when her partner died--the person makes the claim in the
15
period of 14 weeks starting on the day of the death of the
16
partner; and
17
(d) if the person is a woman who was pregnant when her partner
18
died--the person makes the claim:
19
(i) in the period of 14 weeks starting on the day of the
20
death of the partner; or
21
(ii) in the period starting on the day of the death of the
22
partner and ending when the child is born or the woman
23
otherwise stops being pregnant;
24
whichever ends later;
25
then the person is not required to satisfy the activity test in respect
26
of the period applicable under paragraph (c) or (d).
27
Recipients
28
(2) If:
29
(a) a person is receiving special benefit on or after the
30
commencement of this section; and
31
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(b) while the person is receiving special benefit, the person's
1
partner dies on or after the commencement of this section;
2
and
3
(c) if the person is a man or a woman who was not pregnant
4
when her partner died--the person notifies the Secretary of
5
the person's partner's death in the period of 14 weeks starting
6
on the day of the death of the partner; and
7
(d) if the person is a woman who was pregnant when her partner
8
died--the person notifies the Secretary of the person's
9
partner's death:
10
(i) in the period of 14 weeks starting on the day of the
11
death of the partner; or
12
(ii) in the period starting on the day of the death of the
13
partner and ending when the child is born or the woman
14
otherwise stops being pregnant;
15
whichever ends later; and
16
(e) the person is receiving special benefit on the day of the
17
notification;
18
then the person is not required to satisfy the activity test in respect
19
of the period applicable under paragraph (c) or (d).
20
56 Subsection 731L(3)
21
After "section", insert "731DAA,".
22
57 Section 731R (heading)
23
Repeal the heading, substitute:
24
731R Special Benefit Employment Pathway Plans--suspension of
25
plans
26
58 Section 731R
27
After "section", insert "731DAA,".
28
59 Subparagraph 1061T(1)(a)(ii)
29
Omit "or a bereavement allowance".
30
60 Subparagraph 1067F(1)(d)(viii)
31
Repeal the subparagraph.
32
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
109
61 After point 1067G-H12
1
Insert:
2
Exception to points 1067G-H11 and 1067G-H12
3
1067G-H12A Point 1067G-H11 or 1067G-H12 does not apply in relation to a
4
person's entitlement referred to in paragraph 1067G-H11(c) or in
5
relation to a person's termination payment referred to in
6
paragraph 1067G-H12(b) if:
7
(a) the person makes a claim for youth allowance on or after the
8
commencement of this point; and
9
(b) the person makes the claim after the death of the person's
10
partner on or after the commencement of this point; and
11
(c) if the person is a man or a woman who was not pregnant
12
when her partner died--the person makes the claim in the
13
period of 14 weeks starting on the day of the death of the
14
partner; and
15
(d) if the person is a woman who was pregnant when her partner
16
died--the person makes the claim:
17
(i) in the period of 14 weeks starting on the day of the
18
death of the partner; or
19
(ii) in the period starting on the day of the death of the
20
partner and ending when the child is born or the woman
21
otherwise stops being pregnant;
22
whichever ends later; and
23
(e) the entitlement referred to in paragraph 1067G-H11(c) arose,
24
or the termination payment referred to in
25
paragraph 1067G-H12(b) was paid, in the period applicable
26
under paragraph (c) or (d) of this point.
27
62 Section 1067G (table item 5 in Module L of the Youth
28
Allowance Rate Calculator)
29
Repeal the item.
30
63 Subparagraph 1067K(1)(d)(vii)
31
Repeal the subparagraph.
32
64 After point 1068-G7AH
33
Insert:
34
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110
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Exception to points 1068-G7AG and 1068-G7AH
1
1068-G7AI Point 1068-G7AG or 1068-G7AH does not apply in relation to a
2
person's entitlement referred to in paragraph 1068-G7AG(c) or in
3
relation to a person's termination payment referred to in
4
paragraph 1068-G7AH(b) if:
5
(a) the person makes a claim for jobseeker payment on or after
6
the commencement of this point; and
7
(b) the person makes the claim after the death of the person's
8
partner on or after the commencement of this point; and
9
(c) if the person is a man or a woman who was not pregnant
10
when her partner died--the person makes the claim in the
11
period of 14 weeks starting on the day of the death of the
12
partner; and
13
(d) if the person is a woman who was pregnant when her partner
14
died--the person makes the claim:
15
(i) in the period of 14 weeks starting on the day of the
16
death of the partner; or
17
(ii) in the period starting on the day of the death of the
18
partner and ending when the child is born or the woman
19
otherwise stops being pregnant;
20
whichever ends later; and
21
(e) the entitlement referred to in paragraph 1068-G7AG(c) arose,
22
or the termination payment referred to in
23
paragraph 1068-G7AH(b) was paid, in the period applicable
24
under paragraph (c) or (d) of this point.
25
65 Subparagraph 1133(1)(a)(iii)
26
Omit "payment; or", substitute "payment; and".
27
66 Subparagraph 1133(1)(a)(vi)
28
Repeal the subparagraph.
29
67 Paragraph 1133(1)(b)
30
Omit "or allowance".
31
68 Section 1134 (heading)
32
Repeal the heading, substitute:
33
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
111
1134 Effect of participation in pension loans scheme--pension rate
1
69 Paragraph 1134(1)(e)
2
Omit "or allowance".
3
70 Subsection 1134(2)
4
Omit "or allowance".
5
71 Subsection 1135(1)
6
Omit "or allowance".
7
72 Subsection 1135(3) (method statement, steps 1 and 3)
8
Omit "or allowance".
9
73 Paragraph 1136(1A)(c)
10
Omit "or allowance".
11
74 Section 1137 (heading)
12
Repeal the heading, substitute:
13
1137 Need for a request to later nominate or change guaranteed
14
amount or rate of pension
15
75 Paragraphs 1137(1)(b) and (d)
16
Omit "or allowance".
17
76 Section 1141
18
Omit "or allowance".
19
77 Subsection 1142(1)
20
Omit "or allowance".
21
78 Subparagraph 1187(1)(a)(v)
22
Repeal the subparagraph.
23
79 Subparagraph 1188C(1)(a)(vi)
24
Repeal the subparagraph.
25
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80 Subsection 1188C(5) (table items 8 and 9)
1
Repeal the items.
2
81 Subparagraph 1188D(2)(a)(vi)
3
Repeal the subparagraph.
4
82 Subparagraph 1188F(2)(b)(vi)
5
Repeal the subparagraph.
6
83 Section 1217 (table item 7)
7
Repeal the item.
8
84 Subparagraph 1220(1)(d)(ii)
9
Omit "or", substitute "and".
10
85 Subparagraph 1220(1)(d)(iii)
11
Repeal the subparagraph.
12
86 Paragraph 1220(1)(e)
13
Omit "or allowance" (first occurring).
14
87 Paragraph 1220(1)(e)
15
Omit "or allowance, as the case may be".
16
88 Subsection 1220(1)
17
Omit "or allowance" (last occurring).
18
89 Subparagraph 1220(2)(d)(ii)
19
Omit "or", substitute "and".
20
90 Subparagraph 1220(2)(d)(iii)
21
Repeal the subparagraph.
22
91 Paragraph 1220(2)(e)
23
Omit "or allowance" (first occurring).
24
92 Paragraph 1220(2)(e)
25
Omit "or allowance, as the case may be".
26
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
113
93 Subsection 1220(2)
1
Omit "or allowance" (last occurring).
2
94 Subparagraph 146(1)(a)(v) of Schedule 1A
3
Repeal the subparagraph.
4
Social Security (Administration) Act 1999
5
95 Paragraph 52(1)(b)
6
Repeal the paragraph.
7
96 Paragraph 66(1)(b)
8
Repeal the paragraph.
9
97 Subsection 124PD(1) (subparagraph (b)(ii) of the definition
10
of trigger payment)
11
Repeal the subparagraph.
12
98 Subclause 1(1) of Schedule 1 (paragraph (e) of the
13
definition of social security bereavement payment)
14
Repeal the paragraph.
15
99 Subclause 1(1) of Schedule 1 (paragraph (h) of the
16
definition of social security bereavement payment)
17
After "Subdivision A", insert "or AA".
18
100 Subclause 1(1) of Schedule 1 (paragraph (j) of the
19
definition of social security bereavement payment)
20
After "Subdivision AA", insert "or A".
21
Social Security (International Agreements) Act 1999
22
101 Section 21 (heading)
23
Omit ", bereavement allowance".
24
102 Paragraph 21(a)
25
Omit ", bereavement allowance".
26
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
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103 Paragraph 21(b)
1
Omit "or allowance".
2
Veterans' Entitlements Act 1986
3
104 Subsection 118ND(4) (paragraph (e) of the definition of
4
bereavement payment provisions)
5
Repeal the paragraph.
6
105 Saving provisions
--bereavement allowance
7
(1)
If, immediately before the commencement of this item, a person was
8
receiving bereavement allowance under Part 2.7 of the Social Security
9
Act 1991 in relation to the death of the person's partner, then the Social
10
Security Act 1991 and the Social Security (Administration) Act 1999, as
11
in force immediately before that commencement, continue to apply on
12
and after that commencement in relation to that bereavement allowance.
13
(2)
If, before the commencement of this item, a person qualified for a
14
bereavement allowance under section 315 of the Social Security Act
15
1991, then the Social Security Act 1991 and the Social Security
16
(Administration) Act 1999, as in force immediately before that
17
commencement, continue to apply on and after that commencement in
18
relation to that qualification.
19
106 Saving provision
--Income Tax Assessment Act 1997
20
Despite the amendments made by this Schedule, item 3.1 of the table in
21
section 52-10 and section 52-15 of the Income Tax Assessment Act
22
1997, as in force immediately before the commencement of this item,
23
continue to apply on and after that commencement in relation to a
24
payment of bereavement allowance under Part 2.7 of the Social Security
25
Act 1991 before, on or after that commencement.
26
107 Saving and transitional provisions
--Social Security Act
27
1991
28
(1)
Despite the amendments made by this Schedule, subsection 7(4) of the
29
Social Security Act 1991, as in force immediately before the
30
commencement of this item, continues to apply on and after that
31
commencement in relation to working out whether a person is an
32
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
115
Australian resident for the purposes of Part 2.7 of that Act in relation to
1
days before, on or after that commencement.
2
(2)
Despite the amendments made by this Schedule,
3
subparagraph 1061T(1)(a)(ii) of the Social Security Act 1991, as in
4
force immediately before the commencement of this item, continues to
5
apply on and after that commencement in relation to working out
6
qualification for utilities allowance in relation to days before, on or after
7
that commencement.
8
(3)
Despite the amendments made by this Schedule,
9
subparagraphs 1067F(1)(d)(viii) and 1067K(1)(d)(vii) of the Social
10
Security Act 1991, as in force immediately before the commencement of
11
this item, continue to apply on and after that commencement in relation
12
to working out if a person is a long term income support student at a
13
time before, on or after that commencement.
14
(4)
Despite the amendments made by this Schedule, table item 5 in Module
15
L of the Youth Allowance Rate Calculator in section 1067G of the
16
Social Security Act 1991, as in force immediately before the
17
commencement of this item, continues to apply on and after that
18
commencement in relation to:
19
(a) working out if a person is a family member in relation to
20
another person for the purposes of Part 2.11 of that Act and
21
that Rate Calculator in relation to days before, on or after that
22
commencement; or
23
(b) working out if a person is exempt from the parental income
24
test for the purposes of that Rate Calculator in relation to
25
days before, on or after that commencement.
26
(5)
Paragraph 1070(b) of the Social Security Act 1991, as in force
27
immediately before the commencement of this item, continues to apply
28
on and after that commencement in relation to working out qualification
29
for, or the rate of, rent assistance in relation to bereavement allowance
30
for days occurring before, on or after that commencement.
31
(6)
If, before the commencement of this item a person had made a request
32
under section 1136 of the Social Security Act 1991 in relation to
33
bereavement allowance but the request had not been decided before that
34
commencement, then the request is taken to have been refused.
35
(7)
Despite the amendments made by this Schedule, Division 4 of Part 3.12
36
of the Social Security Act 1991, as in force immediately before the
37
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
commencement of this item, continues to apply on and after that
1
commencement in relation to a payment of bereavement allowance
2
made before, on or after that commencement.
3
(8)
Despite the amendments made by this Schedule,
4
subparagraph 1187(1)(a)(v) of the Social Security Act 1991, as in force
5
immediately before the commencement of this item, continues to apply
6
on and after that commencement in relation to bereavement allowance
7
payable to a person in respect of days occurring before, on or after that
8
commencement.
9
(9)
Despite the amendments made by this Schedule, Divisions 2 and 3 of
10
Part 3.15A of the Social Security Act 1991, as in force immediately
11
before the commencement of this item, continue to apply on and after
12
that commencement in relation to bereavement allowance payable to a
13
person in respect of days occurring before, on or after that
14
commencement.
15
(10)
Despite the amendments made by this Schedule, Chapter 5 of the Social
16
Security Act 1991, as in force immediately before the commencement of
17
this item, continues to apply on and after that commencement in relation
18
to a payment of bereavement allowance made before, on or after that
19
commencement.
20
108 Saving provisions
--Social Security (Administration) Act
21
1999
22
(1)
Despite the amendments made by this Schedule, Part 3 of the Social
23
Security (Administration) Act 1999, as in force immediately before the
24
commencement of this item, continues to apply on and after that
25
commencement in relation to the following:
26
(a) the making of claims for bereavement allowance, where a
27
person qualified for bereavement allowance before that
28
commencement;
29
(b) making a payment of bereavement allowance;
30
(c) a determination or requirement made under that Part before
31
that commencement, or the making of a determination or
32
requirement under that Part on or after that commencement,
33
in relation to bereavement allowance.
34
(2)
Despite the amendments made by this Schedule, Parts 3B and 3D of the
35
Social Security (Administration) Act 1999, as in force immediately
36
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117
before the commencement of this item, continue to apply on and after
1
that commencement in relation to a payment of bereavement allowance,
2
or of a social security bereavement payment in relation to bereavement
3
allowance, made before, on or after that commencement.
4
(3)
Despite the amendments made by this Schedule, Parts 4 and 4A of the
5
Social Security (Administration) Act 1999, as in force immediately
6
before the commencement of this item, continue to apply on and after
7
that commencement in relation to a decision under the social security
8
law, in relation to bereavement allowance, made before, on or after that
9
commencement.
10
109 Saving provision
--Social Security (International
11
Agreements) Act 1999
12
Despite the amendments made by this Schedule, section 21 of the Social
13
Security (International Agreements) Act 1999, as in force immediately
14
before the commencement of this item, continues to apply on and after
15
that commencement in relation to working out the rate of bereavement
16
allowance in respect of days occurring before, on or after that
17
commencement.
18
110 Saving provision
--Veterans' Entitlements Act 1986
19
Despite the amendments made by this Schedule, sections 118ND and
20
118NE of the Veterans' Entitlements Act 1986, as in force immediately
21
before the commencement of this item, continue to apply on and after
22
that commencement in relation to working out the rate of bereavement
23
allowance in respect of days occurring before, on or after that
24
commencement.
25
Schedule 5 Cessation of sickness allowance
Part 1 Amendments commencing 20 March 2020
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Schedule 5--Cessation of sickness allowance
1
Part 1--Amendments commencing 20 March 2020
2
Social Security Act 1991
3
1 Subparagraph 593(1)(a)(ii)
4
Omit "and", substitute "or".
5
2 At the end of paragraph 593(1)(a) (before the note)
6
Add:
7
(iii) subsection (1A) applies in relation to the person for the
8
period; and
9
3 Paragraph 593(1)(b)
10
After "subparagraph (a)(i)", insert "or (iii)".
11
4 After subsection 593(1)
12
Insert:
13
(1A) This subsection applies in relation to a person for a period if:
14
(a) the person is incapacitated for work or study throughout the
15
period because of sickness or an accident; and
16
(b) the incapacity is caused wholly or virtually wholly by a
17
medical condition arising from the sickness or accident; and
18
(c) the incapacity is, or is likely to be, of a temporary nature; and
19
(d) one of the following applies:
20
(i) immediately before the incapacity occurred the person
21
was in employment (whether the person was
22
self-employed, or was employed by another person, on a
23
full-time, part-time, casual or temporary basis) and the
24
Secretary is satisfied that, when the incapacity ends, the
25
employment will be again available to the person
26
(whether or not the same kind of work will be
27
available);
28
(ii) immediately before the incapacity occurred the person
29
was in full-time education and was receiving payments
30
under the ABSTUDY scheme and the Secretary is
31
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119
satisfied that the person is committed to resuming
1
full-time study under that scheme when the incapacity
2
ends;
3
(iii) immediately before the incapacity occurred the person
4
was undertaking qualifying study and receiving austudy
5
payment, and the Secretary is satisfied that the person is
6
committed to resuming qualifying study when the
7
incapacity ends.
8
(1AA) Subsection (1A) does not apply in relation to a person if the
9
Secretary is satisfied that the incapacity is brought about with a
10
view to obtaining jobseeker payment, youth allowance, austudy
11
payment or disability support pension.
12
(1AB) In subsection (1A):
13
work, in relation to a person, means work that the person has
14
contracted to perform under a contract of employment that:
15
(a) the person had immediately before the person becomes
16
incapacitated; and
17
(b) continues after the person becomes incapacitated.
18
5 Subparagraph 598(1)(a)(i)
19
Before "the day following", insert "if subparagraph 593(1)(a)(iii) does
20
not apply in relation to the person--".
21
6 After subparagraph 598(1)(a)(i)
22
Insert:
23
(ia) if subparagraph 593(1)(a)(iii) applies in relation to the
24
person--the day on which the person becomes
25
incapacitated for work or study; or
26
7 Subparagraph 598(1)(a)(ii)
27
Before "the day", insert "in any case--".
28
8 Subsection 598(3)
29
Repeal the subsection, substitute:
30
(3) If the person is not a member of a couple, the liquid assets test
31
waiting period in relation to the claim starts on:
32
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(a) if subparagraph 593(1)(a)(iii) does not apply in relation to the
1
person--subject to subsection (3AA), the day following the
2
day on which the person ceased work or ceased to be enrolled
3
in a full time course of education or of vocational training; or
4
(b) if subparagraph 593(1)(a)(iii) applies in relation to the
5
person--subject to subsection (4), the day on which the
6
person became incapacitated for work or study.
7
9 Subsection 598(3AA)
8
Omit "Subject to subsection (4), if", substitute "If
9
subparagraph 593(1)(a)(iii) does not apply in relation to the person
10
and".
11
10 Subsection 598(3A)
12
Omit "Subject to subsections (3B) and (4), if", substitute "If".
13
11 Paragraph 598(3A)(a)
14
Repeal the paragraph, substitute:
15
(a) either:
16
(i) if subparagraph 593(1)(a)(iii) does not apply in relation
17
to the person--subject to subsection (3B), the day
18
following the day on which the person ceased work or
19
ceased to be enrolled in a full time course of education
20
or of vocational training; or
21
(ii) if subparagraph 593(1)(a)(iii) applies in relation to the
22
person--subject to subsection (4), the day on which the
23
person became incapacitated for work or study;
24
12 Subsection 598(3B)
25
Omit "Subject to subsection (4), if", substitute "If
26
subparagraph 593(1)(a)(iii) does not apply in relation to the person
27
and".
28
13 Subsection 598(4)
29
Repeal the subsection, substitute:
30
(4) If:
31
(a) a person becomes qualified for austudy payment; and
32
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121
(b) because of paragraph 575(2)(a), austudy payment is not
1
payable to the person while the person is subject to a liquid
2
assets test waiting period; and
3
(c) within the liquid assets test waiting period referred to in
4
paragraph (b):
5
(i) the person becomes incapacitated for study; and
6
(ii) the person claims jobseeker payment; and
7
(d) subparagraph 593(1)(a)(iii) applies in relation to the person;
8
the liquid assets test waiting period in relation to the claim for
9
jobseeker payment starts on the day on which the person becomes
10
qualified for austudy payment.
11
14 Paragraph 598(4A)(a)
12
Before "the day following", insert "if subparagraph 593(1)(a)(iii) does
13
not apply in relation to the person--".
14
15 After paragraph 598(4A)(a)
15
Insert:
16
(aa) if subparagraph 593(1)(a)(iii) applies in relation to the
17
person--the day on which the person becomes incapacitated
18
for work or study; or
19
16 Paragraph 598(4A)(b)
20
Before "the day", insert "in any case--".
21
17 After section 602C
22
Insert:
23
602D Relief from activity test--rehabilitation program
24
If:
25
(a) subparagraph 593(1)(a)(iii) applies in relation to a person;
26
and
27
(b) the person is undertaking a rehabilitation program; and
28
(c) the program is intended to enhance the person's ability to
29
work; and
30
(d) the length of the person's participation in the program is, or
31
is likely to be, at least 6 weeks; and
32
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Part 1 Amendments commencing 20 March 2020
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(e) the person's participation in the program is, or is likely to,
1
end within the period of 208 weeks after the jobseeker
2
payment commenced to be payable to the person;
3
the person is not required to satisfy the activity test for the duration
4
of the period the person is undertaking the rehabilitation program
5
or for such shorter or longer period determined by the Secretary.
6
18 Subsection 605(2C)
7
After "602C", insert ", 602D".
8
19 Before Division 1 of Part 2.14
9
Insert:
10
Division 1A--Time limit on grants of sickness allowance
11
666A Time limit on grants
12
(1) Despite anything else in this Part, sickness allowance must not be
13
granted to a person:
14
(a) unless the person's claim for the allowance is made before
15
20 March 2020; and
16
(b) the person is qualified for the allowance, and the allowance is
17
payable to the person, before that day.
18
Note:
A person's claim for sickness allowance may be taken to have been
19
made before 20 March 2020 in accordance with section 12 or 15 of the
20
Administration Act.
21
(2) This section does not apply in relation to a determination by the
22
Secretary under section 85 of the Administration Act.
23
20 At the end of section 669
24
Add:
25
(8) Despite any other provision of this section, the Secretary must not
26
extend a person's maximum allowance period on or after 20 March
27
2020.
28
21 Transitional provisions
--sickness allowance
29
(1)
If:
30
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Amendments commencing 20 March 2020 Part 1
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
123
(a) before 20 March 2020, a person made a claim for sickness
1
allowance; and
2
(b) immediately before that day, the person was not qualified for
3
the allowance, or the allowance was not payable to the
4
person, because of one or more of the following waiting
5
periods (a sickness allowance waiting period):
6
(i) a liquid assets test waiting period under section 676 of
7
the Social Security Act 1991;
8
(ii) an ordinary waiting period under sections 693 and 694
9
of that Act;
10
(iii) a newly arrived resident's waiting period under
11
sections 696B and 696C of that Act;
12
then:
13
(c) the person is taken to have made a claim for jobseeker
14
payment on 20 March 2020; and
15
(d) any waiting period that the person is subject to under
16
Part 2.12 of that Act that corresponds to a sickness allowance
17
waiting period is taken to have started on the day the sickness
18
allowance waiting period started.
19
(2)
If:
20
(a) before 20 March 2020, a person's claim for sickness
21
allowance was granted by a determination made by the
22
Secretary in accordance with subsection 37(3) of the Social
23
Security (Administration) Act 1999; and
24
(b) immediately before that day, the person was subject to a
25
seasonal work preclusion period;
26
then:
27
(c) the determination has effect as if it were a determination
28
granting jobseeker payment to the person; and
29
(d) for the purposes of sections 16A and 633 of the Social
30
Security Act 1991, the person is taken to have lodged a claim
31
for jobseeker payment on the day the person lodged the claim
32
for sickness allowance.
33
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Part 2 Amendments commencing 20 September 2020
124
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No. , 2017
Part 2--Amendments commencing 20 September
1
2020
2
A New Tax System (Medicare Levy Surcharge--Fringe
3
Benefits) Act 1999
4
22 Paragraph 13(2)(a)
5
Omit "(c),".
6
23 Subsection 13(2) (note)
7
Omit "(c),".
8
24 Paragraph 14(2)(a)
9
Omit "(c),".
10
25 Subsection 14(2) (note)
11
Omit "(c),".
12
Income Tax Assessment Act 1936
13
26 Subsection 160AAA(1) (paragraph (a) of the definition of
14
rebatable benefit)
15
Omit "2.14,".
16
27 Paragraph 202CB(6)(a)
17
Omit ", a sickness allowance".
18
28 Paragraph 202CE(7)(a)
19
Omit ", a sickness allowance".
20
29 Subsection 251R(6A)
21
Omit "(c),".
22
30 Paragraph 251U(1)(c)
23
Repeal the paragraph.
24
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Amendments commencing 20 September 2020 Part 2
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
125
31 Paragraph 251U(3)(b)
1
Omit "(c),".
2
Income Tax Assessment Act 1997
3
32 Section 13-
1 (table item headed "sickness benefits")
4
Repeal the item.
5
33 Section 13-
1 (table item headed "social security and other
6
benefit payments")
7
Omit:
8
farm household allowance under the Farm Household
Support Act 2014 see unemployment, sickness and
other benefit payments under the Social Security
Act 1991
substitute:
9
farm household allowance under the Farm Household
Support Act 2014 see unemployment and other
benefit payments under the Social Security Act
1991
34 Section 13-
1 (table item headed "social security and other
10
benefit payments")
11
Omit:
12
unemployment, sickness and other benefit payments
under the Social Security Act 1991 ...............................
160AAA(3)
substitute:
13
unemployment and other benefit payments under the
Social Security Act 1991 ...............................................
160AAA(3)
35 Section 52-10 (table item 23.1)
14
Repeal the item.
15
36 Section 52-15 (table item 1)
16
Omit:
17
Sickness allowance
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Part 2 Amendments commencing 20 September 2020
126
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37 Subsection 52-20(3) (table items 5 and 9)
1
Repeal the items.
2
38 Subsection 52-30(1) (table)
3
Omit:
4
Sickness allowance
39 Section 52-40 (table item 23)
5
Repeal the item.
6
Income Tax Rates Act 1986
7
40 Section 16 (paragraph (c) of the definition of eligible
8
pensioner)
9
Omit "2.14,".
10
Social Security Act 1991
11
41 Subsection 4(6A) (table items 8 and 9)
12
Repeal the items.
13
42 Subsection 7(6)
14
Omit "sickness allowance,".
15
43 Paragraph 7(6AA)(b)
16
Omit "sickness allowance,".
17
44 Subsection 7(7)
18
Omit ", subparagraphs 593(1)(g)(ii) and 593(1D)(b)(ii) and
19
paragraph 666(1)(g)", substitute "and subparagraphs 593(1)(g)(ii) and
20
593(1D)(b)(ii)".
21
45 Paragraphs 7(7)(c) and (d)
22
Omit ", sickness allowance".
23
46 Paragraph 7(7)(e)
24
Omit "those allowances", substitute "that allowance".
25
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
127
47 Subsection 12C(5) (paragraph (e) of the definition of
1
couple's assets deeming provisions)
2
Repeal the paragraph.
3
48 Subsections 14A(1) and (2)
4
Omit ", 2.14".
5
49 Paragraph 14A(3)(a)
6
Omit ", jobseeker payment or sickness allowance", substitute "or
7
jobseeker payment".
8
50 Subparagraph 14A(3)(b)(ii)
9
Omit ", jobseeker payment or sickness allowance", substitute "or
10
jobseeker payment".
11
51 Subsection 14A(6)
12
Omit ", 598 or 676", substitute "or 598".
13
52 Paragraph 16A(3)(b)
14
Omit "sickness allowance,".
15
53 Paragraph 16A(4)(b)
16
Omit "sickness allowance,".
17
54 Paragraph 19C(2)(d)
18
Repeal the paragraph.
19
55 Paragraph 19C(3)(d)
20
Repeal the paragraph.
21
56 Paragraph 19C(8)(a)
22
Repeal the paragraph.
23
57 Subsection 19C(8) (notes 1 and 2)
24
Repeal the notes.
25
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Part 2 Amendments commencing 20 September 2020
128
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58 Subsection 19D(5) (subparagraph (f)(iii) of the definition of
1
maximum payment rate)
2
Repeal the subparagraph.
3
59 Subsection 23(1) (definition of liquid assets test waiting
4
period)
5
Omit ", 598 and 676", substitute "and 598".
6
60 Subsection 23(1) (paragraph (f) of the definition of newly
7
arrived resident's waiting period)
8
Repeal the paragraph.
9
61 Subsection 23(1) (paragraph (a) of the definition of
10
ordinary waiting period)
11
Omit "621; or", substitute "621.".
12
62 Subsection 23(1) (paragraph (c) of the definition of
13
ordinary waiting period)
14
Repeal the paragraph.
15
63 Subsection 23(1) (paragraph (c) of the definition of social
16
security benefit)
17
Repeal the paragraph.
18
64 Subsection 23(1) (paragraphs (g) and (k) of the definition
19
of waiting period)
20
Repeal the paragraphs.
21
65 Subsection 23(10B)
22
Omit ", 598 and 676", substitute "and 598".
23
66 Subsection 94(6)
24
Omit "or a sickness allowance".
25
67 Subsection 95(2)
26
Omit "or a sickness allowance".
27
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129
68 Subsection 500WB(4) (note)
1
Omit ", jobseeker payment and sickness allowance", substitute "and
2
jobseeker payment".
3
69 Subsection 549CB(4) (note)
4
Omit ", jobseeker payment and sickness allowance", substitute "and
5
jobseeker payment".
6
70 Subsection 621(5) (note)
7
Omit ", jobseeker payment and sickness allowance", substitute "and
8
jobseeker payment".
9
71 Part 2.14
10
Repeal the Part.
11
72 Subparagraph 771HA(1)(c)(i)
12
Omit "sickness allowance,".
13
73 Subsection 771HA(3)
14
Omit ", jobseeker payment or sickness allowance", substitute "or
15
jobseeker payment".
16
74 Paragraph 771NU(1)(e)
17
Omit "sickness allowance,".
18
75 Paragraph 771NU(3)(c)
19
Repeal the paragraph.
20
76 Subsection 771NX(1) (step 4 of the method statement)
21
Omit "(4),".
22
77 Subsection 771NX(1) (note at the end of step 4 of the
23
method statement)
24
Omit "sickness allowance,".
25
78 Subsection 771NX(4)
26
Repeal the subsection.
27
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79 Subsection 1061JU(4) (subparagraph (f)(iii) of the
1
definition of maximum basic rate)
2
Repeal the subparagraph.
3
80 Paragraph 1061Q(2B)(e)
4
Omit "or sickness allowance".
5
81 Paragraph 1061Q(3)(a)
6
Omit "sickness allowance,".
7
82 Paragraph 1061Q(3A)(d)
8
Omit ", jobseeker payment or sickness allowance", substitute "or
9
jobseeker payment".
10
83 Subparagraph 1061Q(3F)(a)(iv)
11
Repeal the subparagraph.
12
84 Subparagraphs 1061Q(3G)(d)(i) and (ii)
13
Omit "or sickness allowance".
14
85 Subparagraph 1061ZA(2)(b)(v)
15
Repeal the subparagraph.
16
86 Paragraph 1061ZK(5)(g)
17
Repeal the paragraph.
18
87 Paragraph 1061ZM(1C)(b)
19
Omit "sickness allowance,".
20
88 Subsection 1061ZM(3) (subparagraph (a)(iii) of the
21
definition of employment-affected person)
22
Repeal the subparagraph.
23
89 Subparagraph 1067F(1)(d)(ii)
24
Repeal the subparagraph.
25
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131
90 Section 1067G (table item 24 in Module L of the Youth
1
Allowance Rate Calculator)
2
Repeal the item.
3
91 Subparagraph 1067K(1)(d)(ii)
4
Repeal the subparagraph.
5
92 Section 1068 (heading)
6
Omit "sickness allowance (18 or over),".
7
93 Paragraph 1068(1)(b)
8
Repeal the paragraph.
9
94 Point 1068-B1 (table items 3 and 4)
10
Repeal the items.
11
95 Point 1068-B1B
12
Omit ", mature age allowance under Part 2.12B or sickness allowance",
13
substitute "or mature age allowance under Part 2.12B".
14
96 Point 1068-B2
15
Omit "3, 4,".
16
97 Point 1068-C3 (table items 1 and 3)
17
Omit "3, 4,".
18
98 Subparagraph 1068-D1(c)(i)
19
Repeal the subparagraph.
20
99 Point 1068-G4
21
Repeal the point, substitute:
22
Friendly society amounts
23
1068-G4 The ordinary income of a person to whom, or to whose partner,
24
jobseeker payment is payable and who, or whose partner, under
25
Subdivision BA of Division 1 of Part 2.12, is not required to satisfy
26
the activity test is not to include any amount received by the person
27
or partner from an approved friendly society in respect of the
28
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Part 2 Amendments commencing 20 September 2020
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incapacity because of which the person or partner is not required to
1
satisfy the activity test.
2
100 Points 1068-G7AA to 1068-G7AE
3
Repeal the points.
4
101 Point 1068-G7AL
5
Omit "Subject to points 1068-G7AA to 1068-G7AE (inclusive), if",
6
substitute "If".
7
102 Point 1068-G7AN
8
Omit "1068-G7AB and 1068-G7AD", substitute "1068-G7AF".
9
103 Point 1068-G7AQ (definition of payment fortnight)
10
Omit "a sickness allowance or".
11
104 Point 1068-G7AQ (definition of payment fortnight)
12
Omit ", as the case requires,".
13
105 Point 1068-G7AR
14
Omit "1068-G7AA", substitute "1068-G7AG".
15
106 Paragraph 1068-G8A(a)
16
Omit ", sickness allowance,".
17
107 Point 1068B-D4
18
Repeal the point.
19
108 Paragraph 1070(e)
20
Omit ", sickness".
21
109 Section 1070H (heading)
22
Omit ", sickness allowance".
23
110 Section 1070Q (heading)
24
Omit ", sickness allowance".
25
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Amendments commencing 20 September 2020 Part 2
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
133
111 Subsection 1073(1)
1
Omit "1068-G7AA", substitute "1068-G7AF".
2
112 Paragraph 1073(2)(b)
3
Repeal the paragraph.
4
113 Paragraph 1073J(a)
5
Omit ", jobseeker payment or sickness allowance", substitute "or
6
jobseeker payment".
7
114 Subparagraph 1157E(1)(c)(ii)
8
Omit ", a sickness allowance".
9
115 Subparagraph 1157E(2)(c)(ii)
10
Omit "or a sickness allowance".
11
116 Subparagraph 1157F(1)(c)(iv)
12
Omit ", a sickness allowance".
13
117 Subparagraph 1157F(2)(c)(iv)
14
Omit "or a sickness allowance".
15
118 Paragraph 1157JA(2)(c)
16
Omit "or a sickness allowance".
17
119 Paragraph 1157JC(3)(c)
18
Omit "or a sickness allowance".
19
120 Subparagraph 1161(1)(a)(ii)
20
Repeal the subparagraph.
21
121 Subparagraph 1187(1A)(a)(iii)
22
Repeal the subparagraph.
23
122 Section 1190 (table item 2, column 4)
24
Omit "3, 4,".
25
Schedule 5 Cessation of sickness allowance
Part 2 Amendments commencing 20 September 2020
134
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
123 Section 1190 (table item 28, column 4)
1
Omit "[subsection 680(3)--Table--column 3A--item 1]".
2
124 Section 1190 (table item 29, column 4)
3
Omit "[subsection 680(3)--Table--column 3B--item 1]".
4
125 Section 1190 (table item 30, column 4)
5
Omit "[subsection 680(3)--Table--column 3A--item 2]".
6
126 Section 1190 (table item 31, column 4)
7
Omit "[subsection 680(3)--Table--column 3B--item 2]".
8
127 Section 1190 (table item 32, column 4)
9
Omit "[subsection 680(3)--Table--column 3A--item 3]".
10
128 Section 1190 (table item 33, column 4)
11
Omit "[subsection 680(3)--Table--column 3B--item 3]".
12
129 Section 1217 (table item 18)
13
Repeal the item.
14
Social Security (Administration) Act 1999
15
130 Subsections 29(1) and (2)
16
Omit ", 31A and 32", substitute "and 31A".
17
131 Section 32
18
Repeal the section.
19
132 Paragraph 37(4)(i)
20
Repeal the paragraph.
21
133 Subparagraph 63(3)(a)(v)
22
Repeal the subparagraph.
23
134 Section 65
24
Repeal the section.
25
Cessation of sickness allowance Schedule 5
Amendments commencing 20 September 2020 Part 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
135
135 Subsection 106B(4) (subparagraph (a)(iii) of the
1
definition of listed automatic issue health care card)
2
Repeal the subparagraph.
3
136 Subclause 1(1) of Schedule 1 (paragraph (l) of the
4
definition of social security bereavement payment)
5
Repeal the paragraph.
6
137 Clause 33 of Schedule 2
7
Repeal the clause.
8
Veterans' Entitlements Act 1986
9
138 Subsection 118ND(4) (paragraph (l) of the definition of
10
bereavement payment provisions)
11
Repeal the paragraph.
12
139 Saving and transitional provisions
--sickness allowance
13
(1)
Despite the amendments made by this Part, Parts 2.14 and 3.6 of the
14
Social Security Act 1991, as in force immediately before the
15
commencement of this item, continue to apply on and after that
16
commencement in relation to working out qualification for, or the rate
17
of, sickness allowance for days in respect of days occurring before that
18
commencement.
19
(2)
Subject to this item, if, immediately before the commencement of this
20
item, a person was qualified for sickness allowance under section 667 of
21
the Social Security Act 1991, sickness allowance under that section is
22
not payable to the person in relation to any day on or after the
23
commencement of this item.
24
(3)
If before the commencement of this item:
25
(a) a person was receiving a sickness allowance; and
26
(b) the person's partner died;
27
then Division 9 of Part 2.14 of the Social Security Act 1991, as in force
28
immediately before that commencement, continues to apply on and after
29
that commencement in relation to the person as if the amendments made
30
by this Part had not been made.
31
Schedule 5 Cessation of sickness allowance
Part 2 Amendments commencing 20 September 2020
136
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
(4)
Despite the amendments made by this Part, Part 4.2 of the Social
1
Security Act 1991, as in force immediately before the commencement of
2
this item, continues to apply on and after that commencement in relation
3
to a person who was absent from Australia immediately before that
4
commencement and who was receiving sickness allowance immediately
5
before the absence commenced.
6
(5)
A person is not qualified for a jobseeker payment under Part 2.12 of the
7
Social Security Act 1991 in respect of a day on or after the
8
commencement of this item if the person receives sickness allowance in
9
respect of that day.
10
140 Saving provisions
--Income Tax Assessment Act 1936
11
(1)
Despite the amendments made by this Part, section 160AAA of the
12
Income Tax Assessment Act 1936, as in force immediately before the
13
commencement of this item, continues to apply on and after that
14
commencement in relation to a payment of sickness allowance under
15
Part 2.14 of the Social Security Act 1991 before, on or after that
16
commencement.
17
(2)
Despite the amendments made by this Part, paragraph 251U(1)(c) of the
18
Income Tax Assessment Act 1936, as in force immediately before the
19
commencement of this item, continues to apply on and after that
20
commencement in relation to a person who was a recipient of a sickness
21
allowance under Part 2.14 of the Social Security Act 1991 before, on or
22
after that commencement.
23
141 Saving provision
--Income Tax Assessment Act 1997
24
Despite the amendments made by this Part, item 23.1 of the table in
25
section 52-10 and sections 52-15, 52-20 and 52-30 of the Income Tax
26
Assessment Act 1997, as in force immediately before the
27
commencement of this item, continue to apply on and after that
28
commencement in relation to a payment of sickness allowance under
29
Part 2.14 of the Social Security Act 1991 before, on or after that
30
commencement.
31
142 Saving provisions
--definitions
32
(1)
Despite the amendments made by this Part, subsections 7(6) and (6AA)
33
of the Social Security Act 1991, as in force immediately before the
34
commencement of this item, continue to apply on and after that
35
Cessation of sickness allowance Schedule 5
Amendments commencing 20 September 2020 Part 2
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137
commencement in relation to working out whether a person has a
1
qualifying residence exemption for sickness allowance.
2
(2)
Despite the amendments made by this Part, subsection 7(7) of the Social
3
Security Act 1991, as in force immediately before the commencement of
4
this item, continues to apply on and after that commencement in relation
5
to working out whether a person is exempt from the residence
6
requirement for sickness allowance.
7
(3)
Despite the amendments made by this Part, section 12C of the Social
8
Security Act 1991, as in force immediately before the commencement of
9
this item, continues to apply on and after that commencement in relation
10
to working out the value of a person's assets for the purposes of
11
Part 2.14 of that Act in relation to days before that commencement.
12
(4)
Despite the amendments made by this Part, sections 19C and 19D of the
13
Social Security Act 1991, as in force immediately before the
14
commencement of this item, continue to apply on and after that
15
commencement in relation to working out whether a person was in
16
severe financial hardship in relation to days before that commencement.
17
143 Saving provisions
--qualification for payments
18
(1)
Despite the amendments made by this Part, subsections 94(6) and 95(2)
19
of the Social Security Act 1991, as in force immediately before the
20
commencement of this item, continue to apply on and after that
21
commencement in relation to working out whether a person was
22
qualified for a disability support pension in relation to days before that
23
commencement.
24
(2)
Despite the amendments made by this Part, section 771HA of the Social
25
Security Act 1991, as in force immediately before the commencement of
26
this item, continues to apply on and after that commencement in relation
27
to working out if a person is qualified for a partner allowance in relation
28
to a period before that commencement.
29
(3)
If before the commencement of this item:
30
(a) a person was receiving partner allowance; and
31
(b) the person's partner died; and
32
(c) immediately before the deceased partner died, the deceased
33
partner was receiving sickness allowance;
34
Schedule 5 Cessation of sickness allowance
Part 2 Amendments commencing 20 September 2020
138
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
then Division 9 of Part 2.15A of the Social Security Act 1991, as in
1
force immediately before that commencement, continues to apply on
2
and after that commencement in relation to that death as if the
3
amendments made by this Part had not been made.
4
(4)
Despite the amendments made by this Part, subsections 1061Q(2B), (3),
5
(3A), (3F) and (3G) of the Social Security Act 1991, as in force
6
immediately before the commencement of this item, continue to apply
7
on and after that commencement in relation to working out qualification
8
for a telephone allowance before, on or after that commencement.
9
144 Saving provisions
--rates of payments
10
(1)
Despite the amendments made by this Part, section 1061JU of the
11
Social Security Act 1991, as in force immediately before the
12
commencement of this item, continues to apply on and after that
13
commencement in relation to working out the amount of a crisis
14
payment in relation to days before that commencement.
15
(2)
Despite the amendments made by this Part, table item 24 in Module L
16
of the Youth Allowance Rate Calculator in section 1067G of the Social
17
Security Act 1991, as in force immediately before the commencement of
18
this item, continues to apply on and after that commencement in relation
19
to:
20
(a) working out if a person is a family member in relation to
21
another person for the purposes of Part 2.11 of that Act and
22
that Rate Calculator in relation to days before that
23
commencement; or
24
(b) working out if a person is exempt from the parental income
25
test for the purposes of that Rate Calculator in relation to
26
days before that commencement.
27
(3)
Despite the amendments made by this Part, paragraph 1070(e) of the
28
Social Security Act 1991, as in force immediately before the
29
commencement of this item, continues to apply on and after that
30
commencement in relation to working out the rate of rent assistance in
31
relation to sickness allowance for days in respect of which sickness
32
allowance is payable to a person.
33
145 Saving provisions
--concession cards
34
(1)
Despite the amendments made by this Part,
35
subparagraph 1061ZA(2)(b)(v) of the Social Security Act 1991, as in
36
Cessation of sickness allowance Schedule 5
Amendments commencing 20 September 2020 Part 2
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139
force immediately before the commencement of this item, continues to
1
apply on and after that commencement in relation to working out
2
qualification for a pensioner concession card in relation to days before,
3
on or after that commencement.
4
(2)
Despite the amendments made by this Part, paragraph 1061ZK(5)(g) of
5
the Social Security Act 1991, as in force immediately before the
6
commencement of this item, continues to apply on and after that
7
commencement in relation to working out qualification for a health care
8
card in relation to days before, on or after that commencement.
9
(3)
Despite the amendments made by this Part, section 1061ZM of the
10
Social Security Act 1991, as in force immediately before the
11
commencement of this item, continues to apply on and after that
12
commencement in relation to working out qualification for a health care
13
card in relation to a person who ceased to receive sickness allowance
14
before that commencement.
15
146 Saving provisions
--other Social Security Act 1991
16
provisions
17
(1)
Despite the amendments made by this Part,
18
subparagraphs 1067F(1)(d)(ii) and 1067K(1)(d)(ii) of the Social
19
Security Act 1991, as in force immediately before the commencement of
20
this item, continue to apply on and after that commencement in relation
21
to working out if a person is a long term income support student at a
22
time before, on or after that commencement.
23
(2)
Despite the amendments made by this Part, section 1073 of the Social
24
Security Act 1991, as in force immediately before the commencement of
25
this item, continues to apply on and after that commencement in relation
26
to a person who claimed sickness allowance before that commencement
27
and to an amount the person received before that commencement.
28
(3)
Despite the amendments made by this Part, sections 1157E, 1157F,
29
1157JA and 1157JC of the Social Security Act 1991, as in force
30
immediately before the commencement of this item, continue to apply
31
on and after that commencement in relation to working out whether
32
fringe benefits are assessable fringe benefits in connection with a
33
person's receipt of sickness allowance before, on or after that
34
commencement.
35
Schedule 5 Cessation of sickness allowance
Part 2 Amendments commencing 20 September 2020
140
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
(4)
Despite the amendments made by this Part, Part 3.14 of the Social
1
Security Act 1991, as in force immediately before the commencement of
2
this item, continues to apply on and after that commencement in relation
3
to payments of sickness allowance before, on or after that
4
commencement.
5
(5)
Despite the amendments made by this Part,
6
subparagraph 1187(1A)(a)(iii) of the Social Security Act 1991, as in
7
force immediately before the commencement of this item, continues to
8
apply on and after that commencement in relation to sickness allowance
9
payable to a person in respect of days occurring before, on or after that
10
commencement.
11
(6)
Despite the amendments made by this Part, Chapter 5 of the Social
12
Security Act 1991, as in force immediately before the commencement of
13
this item, continues to apply on and after that commencement in relation
14
to a payment of sickness allowance made before, on or after that
15
commencement.
16
147 Saving provisions
--Social Security (Administration) Act
17
1999
18
(1)
Despite the amendments made by this Part, Part 3 of the Social Security
19
(Administration) Act 1999, as in force immediately before the
20
commencement of this item, continues to apply on and after that
21
commencement in relation to the following:
22
(a) making a payment of sickness allowance in respect of days
23
for which sickness allowance is payable to a person;
24
(b) a determination or requirement made under that Part before
25
that commencement, or the making of a determination or
26
requirement under that Part on or after that commencement,
27
in relation to sickness allowance.
28
(2)
Despite the amendments made by this Part, Parts 3B and 3D of the
29
Social Security (Administration) Act 1999, as in force immediately
30
before the commencement of this item, continue to apply on and after
31
that commencement in relation to a payment of sickness allowance, or
32
of a social security bereavement payment in relation to sickness
33
allowance, made before, on or after that commencement.
34
(3)
Despite the amendments made by this Part, Parts 4 and 4A of the Social
35
Security (Administration) Act 1999, as in force immediately before the
36
commencement of this item, continue to apply on and after that
37
Cessation of sickness allowance Schedule 5
Amendments commencing 20 September 2020 Part 2
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
141
commencement in relation to a decision under the social security law, in
1
relation to sickness allowance, made before, on or after that
2
commencement.
3
(4)
The amendments made by this Part do not affect the validity of a
4
cancellation under subsection 106B(1) of the Social Security
5
(Administration) Act 1999 before the commencement of this item.
6
148 Saving provision
--Veterans' Entitlements Act 1986
7
Despite the amendments made by this Part, sections 118ND and 118NE
8
of the Veterans' Entitlements Act 1986, as in force immediately before
9
the commencement of this item, continue to apply on and after that
10
commencement in relation to working out the rate of sickness allowance
11
in respect of days occurring before, on or after that commencement.
12
Schedule 6 Cessation of widow allowance
Part 1 Amendments closing claims for widow allowance
142
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Schedule 6--Cessation of widow allowance
1
Part 1--Amendments closing claims for widow
2
allowance
3
Social Security Act 1991
4
1 Section 408AA
5
Before "A", insert "(1)".
6
2 At the end of section 408AA
7
Add:
8
(2) Despite anything else in this Part, widow allowance must not be
9
granted to a woman unless:
10
(a) the woman's claim for the allowance is made before the
11
commencement of this subsection; and
12
(b) the woman is qualified for the allowance before the
13
commencement of this subsection.
14
Note:
A woman's claim for widow allowance may be taken to have been
15
made before the commencement of this subsection in accordance with
16
section 12 or 15 of the Administration Act.
17
(3) This section does not apply in relation to a determination by the
18
Secretary under section 85 of the Administration Act.
19
3 At the end of Subdivision B of Division 1 of Part 2.12
20
Add:
21
603AC Relief from activity test--cessation of claims for widow
22
allowance
23
(1) A woman is not required to satisfy the activity test for a period (the
24
relevant period) if the following apply:
25
(a) she made the claim for newstart allowance on or after the
26
commencement of this section;
27
(b) she was born on or before 1 July 1955;
28
(c) she was a member of a couple when she turned 40 and she
29
has ceased to be a member of that couple;
30
Cessation of widow allowance Schedule 6
Amendments closing claims for widow allowance Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
143
(d) she satisfies the Secretary that she has no recent workforce
1
experience on the day she made the claim for newstart
2
allowance;
3
(e) the woman is not a member of a couple throughout the
4
relevant period.
5
(2) For the purposes of paragraph (1)(d), recent workforce experience
6
is employment of 20 hours or more a week for a total of 13 weeks
7
or more at any time during the 12 months immediately before the
8
day the woman made the claim for newstart allowance.
9
4 Subsection 605(2C)
10
Omit "or 602C", substitute ", 602C or 603AC".
11
Schedule 6 Cessation of widow allowance
Part 2 Amendments commencing 1 January 2022
144
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Part 2--Amendments commencing 1 January 2022
1
Income Tax Assessment Act 1936
2
5 Subsection 160AAA(1) (paragraph (a) of the definition of
3
rebatable benefit)
4
Omit "2.8A,".
5
Income Tax Assessment Act 1997
6
6 Section 52-10 (table item 32.1)
7
Repeal the item.
8
7 Section 52-15 (table item 3)
9
Omit:
10
Widow allowance
8 Section 52-40 (table item 32)
11
Repeal the item.
12
Social Security Act 1991
13
9 Paragraph 16A(3)(b)
14
Omit "widow allowance,".
15
10 Paragraph 19C(2)(b)
16
Repeal the paragraph.
17
11 Paragraph 19C(8)(d)
18
Omit "widow allowance,".
19
12 Subsection 19D(5) (subparagraph (f)(ii) of the definition of
20
maximum payment rate)
21
Repeal the subparagraph.
22
Cessation of widow allowance Schedule 6
Amendments commencing 1 January 2022 Part 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
145
13 Subsection 23(1) (paragraph (aa) of the definition of social
1
security benefit)
2
Repeal the paragraph.
3
14 Subsection 23(1) (paragraph (g) of the definition of social
4
security entitlement)
5
Repeal the paragraph.
6
15 Subsection 23(1) (paragraph (i) of the definition of special
7
employment advance qualifying entitlement)
8
Repeal the paragraph.
9
16 Before subsection 43(3)
10
Insert:
11
(1C) A woman is qualified for an age pension if:
12
(a) the woman was receiving widow allowance immediately
13
before 1 January 2022; and
14
(b) the woman is not otherwise qualified for an age pension.
15
17 Part 2.8A
16
Repeal the Part.
17
18 Section 603AC
18
Repeal the section.
19
19 Subsection 605(2C)
20
Omit ", 602D or 603AC", substitute "or 602D".
21
20 Division 8 of Part 2.13A
22
Repeal the Division.
23
21 Section 1047 (paragraph (f) of the definition of designated
24
social security payment)
25
Repeal the paragraph.
26
22 Subsection 1061EE(1)
27
Omit "widow allowance,".
28
Schedule 6 Cessation of widow allowance
Part 2 Amendments commencing 1 January 2022
146
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
23 Subsection 1061EE(3) (heading)
1
Omit "widow allowance and".
2
24 Subsection 1061EE(3)
3
Omit "widow allowance or".
4
25 Subsection 1061EE(6) (paragraph (b) of the definition of
5
fortnightly payment rate)
6
Omit "widow allowance,".
7
26 Subsection 1061EE(6) (example at the end of the definition
8
of fortnightly payment rate)
9
Repeal the example.
10
27 Subsection 1061EN(2)
11
Omit "408CG,".
12
28 Subsection 1061EX(7)
13
Omit "408CG,".
14
29 Subsection 1061JU(4) (subparagraph (f)(ii) of the
15
definition of maximum basic rate)
16
Repeal the subparagraph.
17
30 Subparagraph 1061PE(4)(e)(iii)
18
Repeal the subparagraph.
19
31 Paragraph 1061PJ(2)(f)
20
Repeal the paragraph.
21
32 Paragraph 1061Q(3)(a)
22
Omit "widow allowance,".
23
33 Subparagraph 1061Q(3F)(a)(ii)
24
Repeal the subparagraph.
25
34 Subparagraph 1061T(1)(a)(ii)
26
Omit "a widow allowance,".
27
Cessation of widow allowance Schedule 6
Amendments commencing 1 January 2022 Part 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
147
35 Subparagraph 1061ZA(2)(b)(iii)
1
Repeal the subparagraph.
2
36 Paragraph 1061ZK(5)(e)
3
Repeal the paragraph.
4
37 Paragraph 1061ZM(1C)(b)
5
Omit ", widow allowance,".
6
38 Subsection 1061ZM(3) (subparagraph (a)(v) of the
7
definition of employment-affected person)
8
Repeal the subparagraph.
9
39 Section 1068 (heading)
10
Omit "widow allowance,".
11
40 Paragraph 1068(1)(ca)
12
Omit "or".
13
41 Paragraph 1068(1)(d)
14
Repeal the paragraph.
15
42 Subsection 1068(3) (note 1)
16
Omit "408CF,".
17
43 Point 1068-B1
18
Omit "408CG,".
19
44 Point 1068-B1 (table item 4A, column 2)
20
Omit "or widow allowance".
21
45 Point 1068-B1 (table item 4B, column 2)
22
Omit "or widow allowance".
23
46 Subparagraph 1068-D1(c)(ii)
24
Omit "widow allowance,".
25
Schedule 6 Cessation of widow allowance
Part 2 Amendments commencing 1 January 2022
148
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
47 Paragraph 1070(e)
1
Omit "and widow allowance".
2
48 Section 1070H (heading)
3
Omit "or widow allowance".
4
49 Section 1070Q (heading)
5
Omit "and widow allowance".
6
50 Paragraph 1073(2)(d)
7
Repeal the paragraph.
8
51 Subparagraph 1187(1A)(a)(ia)
9
Repeal the subparagraph.
10
52 Subparagraph 1188C(3)(a)(i)
11
Repeal the subparagraph.
12
53 Subsection 1188C(5) (table items 23 to 25)
13
Repeal the items.
14
54 Subparagraph 1188F(2)(a)(i)
15
Repeal the subparagraph.
16
55 Section 1190 (table item 28, column 4)
17
Omit "[subsection 408CE(2)--Table--column 3--item 1]".
18
56 Section 1190 (table item 29, column 4)
19
Omit "[subsection 408CE(2)--Table--column 3--item 2]".
20
57 Section 1217 (table item 10)
21
Repeal the item.
22
58 Paragraph 1218(1)(b)
23
Omit "widow allowance,".
24
59 Subsection 1218(2)
25
Omit "widow allowance,".
26
Cessation of widow allowance Schedule 6
Amendments commencing 1 January 2022 Part 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
149
Social Security (Administration) Act 1999
1
60 Paragraph 37(4)(f)
2
Repeal the paragraph.
3
61 Paragraph 66(1)(j)
4
Repeal the paragraph.
5
62 Subsection 106B(4) (subparagraph (a)(i) of the definition
6
of listed automatic issue health care card)
7
Repeal the subparagraph.
8
63 Saving and transitional provisions
--widow allowance
9
(1)
Despite the amendments made by this Part, Parts 2.8A and 3.6 of the
10
Social Security Act 1991, as in force immediately before the
11
commencement of this item, continue to apply on and after that
12
commencement in relation to working out qualification for, or the rate
13
of, widow allowance in respect of days occurring before that
14
commencement.
15
(2)
No payment of widow allowance is to be made in accordance with
16
Part 4.2 of the Social Security Act 1991 on or after the commencement
17
of this item in relation to a day on or after that commencement.
18
64 Saving provision
--Income Tax Assessment Act 1936
19
Despite the amendments made by this Part, section 160AAA of the
20
Income Tax Assessment Act 1936, as in force immediately before the
21
commencement of this item, continues to apply on and after that
22
commencement in relation to a payment of widow allowance under
23
Part 2.8A of the Social Security Act 1991 before, on or after that
24
commencement.
25
65 Saving provision
--Income Tax Assessment Act 1997
26
Despite the amendments made by this Part, item 32.1 of the table in
27
section 52-10 and section 52-15 of the Income Tax Assessment Act
28
1997, as in force immediately before the commencement of this item,
29
continue to apply on and after that commencement in relation to a
30
payment of widow allowance under Part 2.8A of the Social Security Act
31
1991 before, on or after that commencement.
32
Schedule 6 Cessation of widow allowance
Part 2 Amendments commencing 1 January 2022
150
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
66 Saving provision
--definitions
1
Despite the amendments made by this Part, sections 19C and 19D of the
2
Social Security Act 1991, as in force immediately before the
3
commencement of this item, continue to apply on and after that
4
commencement in relation to working out whether a person was in
5
severe financial hardship in relation to days before that commencement.
6
67 Saving provisions
--qualification for payments
7
(1)
Despite the amendments made by this Part, Division 8 of Part 2.13A of
8
the Social Security Act 1991, as in force immediately before the
9
commencement of this item, continues to apply on and after that
10
commencement in relation to working out qualification for an education
11
entry payment before that commencement.
12
(2)
Despite the amendments made by this Part, Part 2.21A of the Social
13
Security Act 1991, as in force immediately before the commencement of
14
this item, continues to apply on and after that commencement in relation
15
to a fortnight beginning before that commencement.
16
(3)
Despite the amendments made by this Part,
17
subparagraph 1061PE(4)(e)(iii) and paragraph 1061PJ(2)(f) of the
18
Social Security Act 1991, as in force immediately before the
19
commencement of this item, continue to apply on and after that
20
commencement in relation to working out qualification for a pensioner
21
education supplement in relation to days before that commencement.
22
(4)
Despite the amendments made by this Part, subsections 1061Q(3) and
23
(3F) of the Social Security Act 1991, as in force immediately before the
24
commencement of this item, continue to apply on and after that
25
commencement in relation to working out qualification for a telephone
26
allowance before, on or after that commencement.
27
(5)
Despite the amendments made by this Part,
28
subparagraph 1061T(1)(a)(ii) of the Social Security Act 1991, as in
29
force immediately before the commencement of this item, continues to
30
apply on and after that commencement in relation to working out
31
qualification for utilities allowance in relation to days before, on or after
32
that commencement.
33
Cessation of widow allowance Schedule 6
Amendments commencing 1 January 2022 Part 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
151
68 Saving provisions
--rates of payments
1
(1)
Despite the amendments made by this Part, section 1061JU of the
2
Social Security Act 1991, as in force immediately before the
3
commencement of this item, continues to apply on and after that
4
commencement in relation to working out the amount of a crisis
5
payment in relation to days before that commencement.
6
(2)
Despite the amendments made by this Part, paragraph 1070(e) of the
7
Social Security Act 1991, as in force immediately before the
8
commencement of this item, continues to apply on and after that
9
commencement in relation to working out the rate of rent assistance in
10
relation to widow allowance for days occurring before that
11
commencement.
12
69 Saving provisions
--concession cards
13
(1)
Despite the amendments made by this Part,
14
subparagraph 1061ZA(2)(b)(iii) of the Social Security Act 1991, as in
15
force immediately before the commencement of this item, continues to
16
apply on and after that commencement in relation to working out
17
qualification for a pensioner concession card in relation to days before
18
that commencement.
19
(2)
Despite the amendments made by this Part, paragraph 1061ZK(5)(e) of
20
the Social Security Act 1991, as in force immediately before the
21
commencement of this item, continues to apply on and after that
22
commencement in relation to working out qualification for a health care
23
card in relation to days before that commencement.
24
(3)
Despite the amendments made by this Part, section 1061ZM of the
25
Social Security Act 1991, as in force immediately before the
26
commencement of this item, continues to apply on and after that
27
commencement in relation to working out qualification for a health care
28
card in relation to a person who ceased to receive widow allowance
29
before that commencement.
30
70 Saving and transitional provisions
--advances
31
(1)
If, before the commencement of this item a person had made an
32
application under Division 2 of Part 2.22 of the Social Security Act
33
1991 for an advance payment of a widow allowance but the application
34
Schedule 6 Cessation of widow allowance
Part 2 Amendments commencing 1 January 2022
152
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
had not been decided before that commencement, then the application is
1
taken to have been refused.
2
(2)
Despite the amendments made by this Part, Division 7 of Part 2.22 of
3
the Social Security Act 1991, as in force immediately before the
4
commencement of this item, continues to apply on and after that
5
commencement in relation to an advance payment, or an instalment of
6
an advance payment, of widow allowance paid before that
7
commencement.
8
(3)
If, before the commencement of this item a person had made a claim for
9
a special employment advance under Part 2.22A of the Social Security
10
Act 1991 on the basis of being qualified for widow allowance but the
11
claim had not been decided before that commencement, then the claim
12
is taken to have been refused.
13
(4)
Despite the amendments made by this Part, Division 7 of Part 2.22A of
14
the Social Security Act 1991, as in force immediately before the
15
commencement of this item, continues to apply on and after that
16
commencement in relation to a special employment advance, or an
17
instalment of a special employment advance, paid before that
18
commencement in respect of widow allowance.
19
71 Saving provisions
--other Social Security Act 1991
20
provisions
21
(1)
Despite the amendments made by this Part, section 1073 of the Social
22
Security Act 1991, as in force immediately before the commencement of
23
this item, continues to apply on and after that commencement in relation
24
to a person who claimed widow allowance before that commencement
25
and to an amount the person received before that commencement.
26
(2)
Despite the amendments made by this Part,
27
subparagraph 1187(1A)(a)(ia) of the Social Security Act 1991, as in
28
force immediately before the commencement of this item, continues to
29
apply on and after that commencement in relation to widow allowance
30
payable to a person in respect of days occurring before that
31
commencement.
32
(3)
Despite the amendments made by this Part, Divisions 2 and 3 of
33
Part 3.15A of the Social Security Act 1991, as in force immediately
34
before the commencement of this item, continue to apply on and after
35
that commencement in relation to a person qualified for widow
36
Cessation of widow allowance Schedule 6
Amendments commencing 1 January 2022 Part 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
153
allowance, or to a person to whom widow allowance was payable, in
1
respect of days occurring before that commencement.
2
(4)
Despite the amendments made by this Part, Chapter 5 of the Social
3
Security Act 1991, as in force immediately before the commencement of
4
this item, continues to apply on and after that commencement in relation
5
to a payment of widow allowance made before, on or after that
6
commencement.
7
72 Saving provisions
--Social Security (Administration) Act
8
1999
9
(1)
Despite the amendments made by this Part, Part 3 of the Social Security
10
(Administration) Act 1999, as in force immediately before the
11
commencement of this item, continues to apply on and after that
12
commencement in relation to the following:
13
(a) making a payment of widow allowance in respect of days
14
occurring before that commencement;
15
(b) a determination or requirement made under that Part before
16
that commencement, or the making of a determination or
17
requirement under that Part on or after that commencement,
18
in relation to widow allowance.
19
(2)
Despite the amendments made by this Part, Parts 3B and 3D of the
20
Social Security (Administration) Act 1999, as in force immediately
21
before the commencement of this item, continue to apply on and after
22
that commencement in relation to a payment of widow allowance made
23
before, on or after that commencement.
24
(3)
Despite the amendments made by this Part, Parts 4 and 4A of the Social
25
Security (Administration) Act 1999, as in force immediately before the
26
commencement of this item, continue to apply on and after that
27
commencement in relation to a decision under the social security law, in
28
relation to widow allowance, made before, on or after that
29
commencement.
30
(4)
The amendments made by this Part do not affect the validity of a
31
cancellation under subsection 106B(1) of the Social Security
32
(Administration) Act 1999 before the commencement of this item.
33
Schedule 7 Cessation of partner allowance
154
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Schedule 7--Cessation of partner allowance
1
2
Income Tax Assessment Act 1936
3
1 Subsection 160AAA(1) (paragraph (a) of the definition of
4
rebatable benefit)
5
Omit "2.15A,".
6
Income Tax Assessment Act 1997
7
2 Section 52-10 (table item 22.1)
8
Repeal the item.
9
3 Section 52-15 (table item 3)
10
Omit:
11
Partner allowance
4 Subsection 52-25(3) (example)
12
Omit "partner allowance", substitute "jobseeker payment".
13
5 Subsection 52-30(1) (table)
14
Omit:
15
Partner allowance
6 Section 52-40 (table item 22)
16
Repeal the item.
17
Social Security Act 1991
18
7 Subsection 4(6A) (table item 11)
19
Repeal the item.
20
8 Subsection 7(6)
21
Omit ", special benefit or partner allowance", substitute "or special
22
benefit".
23
Cessation of partner allowance Schedule 7
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
155
9 Paragraph 7(6AA)(b)
1
Omit "partner allowance,".
2
10 Paragraph 16A(4)(b)
3
Omit "partner allowance,".
4
11 Paragraph 19C(3)(b)
5
Repeal the paragraph.
6
12 Paragraph 19C(8)(d)
7
Omit "partner allowance and".
8
13 Subsection 19D(5) (subparagraph (f)(iv) of the definition of
9
maximum payment rate)
10
Repeal the subparagraph.
11
14 Subsection 21(1) (definition of partner bereavement
12
payment)
13
Omit ", 771NW".
14
15 Subsection 23(1) (paragraph (h) of the definition of newly
15
arrived resident's waiting period)
16
Repeal the paragraph.
17
16 Subsection 23(1) (paragraph (e) of the definition of social
18
security benefit)
19
Repeal the paragraph.
20
17 Subsection 23(1) (paragraph (kb) of the definition of
21
waiting period)
22
Repeal the paragraph.
23
18 Paragraph 38B(6)(c)
24
Omit ", 615(1) or 771HF(1)", substitute "or 615(1)".
25
19 Paragraph 620(1)(fa)
26
Repeal the paragraph.
27
Schedule 7 Cessation of partner allowance
156
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
20 Division 11 of Part 2.13A
1
Repeal the Division.
2
21 Part 2.15A
3
Repeal the Part.
4
22 Section 1047 (paragraph (e) of the definition of designated
5
social security payment)
6
Repeal the paragraph.
7
23 Subsection 1061EN(2)
8
Omit ", 660YCH and 771HK", substitute "and 660YCH".
9
24 Subsection 1061EX(7)
10
Omit ", 660YCH and 771HK", substitute "and 660YCH".
11
25 Subsection 1061JU(4) (subparagraph (f)(iv) of the
12
definition of maximum basic rate)
13
Repeal the subparagraph.
14
26 Paragraph 1061Q(3)(a)
15
Omit "partner allowance,".
16
27 Paragraph 1061Q(3A)(a)
17
Omit "partner allowance or".
18
28 Subparagraph 1061Q(3F)(a)(iii)
19
Repeal the subparagraph.
20
29 Paragraph 1061Q(3G)(a)
21
Omit "partner allowance or".
22
30 Subparagraph 1061Q(3G)(d)(ii)
23
Omit "partner allowance or".
24
31 Subsection 1061Q(3H)
25
Omit "partner allowance or".
26
Cessation of partner allowance Schedule 7
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
157
32 Subparagraph 1061T(1)(a)(ii)
1
Omit "a partner allowance,".
2
33 Subparagraph 1061ZA(2)(b)(ii)
3
Repeal the subparagraph.
4
34 Paragraph 1061ZK(5)(d)
5
Repeal the paragraph.
6
35 Paragraph 1061ZM(1C)(b)
7
Omit "partner allowance".
8
36 Subsection 1061ZM(3) (at the end of subparagraph (a)(iv)
9
of the definition of employment-affected person)
10
Add "or".
11
37 Subsection 1061ZM(3) (subparagraph (a)(vi) of the
12
definition of employment-affected person)
13
Repeal the subparagraph.
14
38 Section 1068 (heading)
15
Omit ", partner allowance,".
16
39 Paragraph 1068(1)(c)
17
Repeal the paragraph.
18
40 Subsection 1068(3) (note 1)
19
Omit ", 660YCF and 771HI", substitute "and 660YCF".
20
41 Point 1068-B1
21
Omit ", 660YCH and 771HK", substitute "and 660YCH".
22
42 Subparagraph 1068-D1(c)(ii)
23
Omit "or partner allowance".
24
43 Subparagraph 1068-D1(c)(ii)
25
Omit "1068-D2A,".
26
Schedule 7 Cessation of partner allowance
158
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
44 Point 1068-D2A
1
Repeal the point.
2
45 Paragraph 1070(e)
3
Omit ", jobseeker payment and partner", substitute "and jobseeker
4
payment".
5
46 Section 1070H (heading)
6
Omit ", jobseeker payment, partner allowance", substitute "or
7
jobseeker payment".
8
47 Section 1070Q (heading)
9
Omit ", jobseeker payment, partner allowance", substitute "and
10
jobseeker payment".
11
48 Paragraph 1073(2)(e)
12
Repeal the paragraph.
13
49 Subsection 1161(5)
14
Repeal the subsection.
15
50 Subsection 1185(5) (definition of dependency-based
16
payment)
17
Repeal the definition, substitute:
18
dependency-based payment means mature age partner allowance.
19
51 Subparagraph 1187(1A)(a)(iva)
20
Repeal the subparagraph.
21
52 Subparagraph 1188C(3)(a)(v)
22
Repeal the subparagraph.
23
53 Subsection 1188C(5) (table item 28)
24
Repeal the item.
25
54 Subparagraph 1188F(2)(a)(vi)
26
Repeal the subparagraph.
27
Cessation of partner allowance Schedule 7
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
159
55 Section 1190 (table item 32, column 4)
1
Omit "[subsection 771HF(2)--Table--column 3--item 1]".
2
56 Section 1190 (table item 33, column 4)
3
Omit "[subsection 771HF(2)--Table--column 3--item 2]".
4
57 Section 1217 (table item 20)
5
Repeal the item.
6
58 Paragraph 1218(1)(b)
7
Omit ", austudy payment or partner allowance", substitute "or austudy
8
payment".
9
59 Subsection 1218(2)
10
Omit ", austudy payment or partner allowance", substitute "or austudy
11
payment".
12
60 Paragraph 1223AA(1)(a)
13
Omit "(other than partner allowance)".
14
61 Subsection 1223AA(1AA)
15
Repeal the subsection.
16
62 Subsection 1223AA(1A)
17
Omit "or (1AA)".
18
63 Paragraph 1223AA(1B)(c)
19
Omit "or (1AA)".
20
Social Security (Administration) Act 1999
21
64 Paragraph 37(4)(e)
22
Repeal the paragraph.
23
65 Subsection 106B(4) (subparagraph (a)(v) of the definition
24
of listed automatic issue health care card)
25
Repeal the subparagraph.
26
Schedule 7 Cessation of partner allowance
160
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
66 Subclause 1(1) of Schedule 1 (paragraph (n) of the
1
definition of social security bereavement payment)
2
Repeal the paragraph.
3
Veterans' Entitlements Act 1986
4
67 Subsection 118ND(4) (paragraph (n) of the definition of
5
bereavement payment provisions)
6
Repeal the paragraph.
7
68 Saving and transitional provisions
--partner allowance
8
(1)
Despite the amendments made by this Schedule, Parts 2.15A and 3.6 of
9
the Social Security Act 1991, as in force immediately before the
10
commencement of this item, continue to apply on and after that
11
commencement in relation to working out qualification for, or the rate
12
of, partner allowance in respect of days occurring before that
13
commencement.
14
(2)
If before the commencement of this item:
15
(a) a person was receiving partner allowance; and
16
(b) the person's partner died;
17
then Division 9 of Part 2.15A of the Social Security Act 1991, as in
18
force immediately before that commencement, continues to apply on
19
and after that commencement in relation to the person as if the
20
amendments made by this Schedule had not been made.
21
(3)
No payment of partner allowance is to be made in accordance with
22
Part 4.2 of the Social Security Act 1991 on or after the commencement
23
of this item in relation to a day on or after that commencement.
24
(4)
A person is not qualified for an age pension under Part 2.2 of the Social
25
Security Act 1991 in respect of a day on or after the commencement of
26
this item if the person receives partner allowance in respect of that day.
27
Cessation of partner allowance Schedule 7
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
161
69 Saving provision
--Income Tax Assessment Act 1936
1
Despite the amendments made by this Schedule, section 160AAA of the
2
Income Tax Assessment Act 1936, as in force immediately before the
3
commencement of this item, continues to apply on and after that
4
commencement in relation to a payment of partner allowance under
5
Part 2.15A of the Social Security Act 1991 before, on or after that
6
commencement.
7
70 Saving provision
--Income Tax Assessment Act 1997
8
Despite the amendments made by this Schedule, item 22.1 of the table
9
in section 52-10 and sections 52-15 and 52-30 of the Income Tax
10
Assessment Act 1997, as in force immediately before the
11
commencement of this item, continue to apply on and after that
12
commencement in relation to a payment of partner allowance under
13
Part 2.15A of the Social Security Act 1991 before, on or after that
14
commencement.
15
71 Saving provisions
--definitions
16
(1)
Despite the amendments made by this Schedule, subsections 7(6) and
17
(6AA) of the Social Security Act 1991, as in force immediately before
18
the commencement of this item, continue to apply on and after that
19
commencement in relation to working out whether a person has a
20
qualifying residence exemption for partner allowance in relation to days
21
before that commencement.
22
(2)
Despite the amendments made by this Schedule, sections 19C and 19D
23
of the Social Security Act 1991, as in force immediately before the
24
commencement of this item, continue to apply on and after that
25
commencement in relation to working out whether a person was in
26
severe financial hardship in relation to days before that commencement.
27
72 Saving provisions
--qualification for payments
28
(1)
Despite the amendments made by this Schedule, Division 11 of
29
Part 2.13A of the Social Security Act 1991, as in force immediately
30
before the commencement of this item, continues to apply on and after
31
that commencement in relation to working out qualification for an
32
education entry payment before that commencement.
33
(2)
Despite the amendments made by this Schedule, Part 2.21A of the
34
Social Security Act 1991, as in force immediately before the
35
Schedule 7 Cessation of partner allowance
162
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
commencement of this item, continues to apply on and after that
1
commencement in relation to a fortnight beginning before that
2
commencement.
3
(3)
Despite the amendments made by this Schedule, subsections 1061Q(3),
4
(3A) and (3F) to (3H) of the Social Security Act 1991, as in force
5
immediately before the commencement of this item, continue to apply
6
on and after that commencement in relation to working out qualification
7
for a telephone allowance before, on or after that commencement.
8
(4)
Despite the amendments made by this Schedule,
9
subparagraph 1061T(1)(a)(ii) of the Social Security Act 1991, as in
10
force immediately before the commencement of this item, continues to
11
apply on and after that commencement in relation to working out
12
qualification for utilities allowance in relation to days before that
13
commencement.
14
73 Saving provisions
--rates of payments
15
(1)
Despite the amendments made by this Schedule, section 1061JU of the
16
Social Security Act 1991, as in force immediately before the
17
commencement of this item, continues to apply on and after that
18
commencement in relation to working out the amount of a crisis
19
payment in relation to days before that commencement.
20
(2)
Despite the amendments made by this Schedule, paragraph 1070(e) of
21
the Social Security Act 1991, as in force immediately before the
22
commencement of this item, continues to apply on and after that
23
commencement in relation to working out the rate of rent assistance in
24
relation to partner allowance for days in respect of which partner
25
allowance is payable to a person.
26
74 Saving provisions
--concession cards
27
(1)
Despite the amendments made by this Schedule,
28
subparagraph 1061ZA(2)(b)(ii) of the Social Security Act 1991, as in
29
force immediately before the commencement of this item, continues to
30
apply on and after that commencement in relation to working out
31
qualification for a pensioner concession card in relation to days before,
32
on or after that commencement.
33
(2)
Despite the amendments made by this Schedule,
34
paragraph 1061ZK(5)(d) of the Social Security Act 1991, as in force
35
Cessation of partner allowance Schedule 7
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
163
immediately before the commencement of this item, continues to apply
1
on and after that commencement in relation to working out qualification
2
for a health care card in relation to days before, on or after that
3
commencement.
4
(3)
Despite the amendments made by this Schedule, section 1061ZM of the
5
Social Security Act 1991, as in force immediately before the
6
commencement of this item, continues to apply on and after that
7
commencement in relation to working out qualification for a health care
8
card in relation to a person who ceased to receive partner allowance
9
before that commencement.
10
75 Saving and transitional provisions
--other Social Security
11
Act 1991 provisions
12
(1)
Despite the amendments made by this Schedule, paragraph 38B(6)(c) of
13
the Social Security Act 1991, as in force immediately before the
14
commencement of this item, continues to apply on and after that
15
commencement in relation to working out whether a person is taken to
16
have received an income support payment in respect of a period before
17
that commencement.
18
(2)
Despite the amendments made by this Schedule, paragraph 620(1)(fa)
19
of the Social Security Act 1991, as in force immediately before the
20
commencement of this item, continues to apply on and after that
21
commencement in relation to working out if a person is subject to an
22
ordinary waiting period at a time before, on or that commencement.
23
(3)
The Social Security Act 1991 applies on and after the commencement of
24
this item as if a payment made under section 771NW of that Act before,
25
on or after that commencement were a partner bereavement payment.
26
(4)
Despite the amendments made by this Schedule, section 1073 of the
27
Social Security Act 1991, as in force immediately before the
28
commencement of this item, continues to apply on and after that
29
commencement in relation to a person who claimed partner allowance
30
before that commencement and to an amount the person received before
31
that commencement.
32
(5)
Despite the amendments made by this Schedule, Divisions 2 and 3 of
33
Part 3.15A of the Social Security Act 1991, as in force immediately
34
before the commencement of this item, continue to apply on and after
35
that commencement in relation to a person qualified for partner
36
Schedule 7 Cessation of partner allowance
164
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
allowance, or to a person to whom partner allowance was payable, in
1
respect of days occurring before that commencement.
2
(6)
Despite the amendments made by this Schedule, Part 3.14 of the Social
3
Security Act 1991, as in force immediately before the commencement of
4
this item, continues to apply on and after that commencement in relation
5
to payments of partner allowance before, on or after that
6
commencement.
7
(7)
Despite the amendments made by this Schedule,
8
subparagraph 1187(1A)(a)(iva) of the Social Security Act 1991, as in
9
force immediately before the commencement of this item, continues to
10
apply on and after that commencement in relation to partner allowance
11
payable to a person in respect of days occurring before, on or after that
12
commencement.
13
(8)
Despite the amendments made by this Schedule, Chapter 5 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 a payment of partner allowance made before, on or after that
17
commencement.
18
76 Saving provisions
--Social Security (Administration) Act
19
1999
20
(1)
Despite the amendments made by this Schedule, Part 3 of the Social
21
Security (Administration) Act 1999, as in force immediately before the
22
commencement of this item, continues to apply on and after that
23
commencement in relation to the following:
24
(a) making a payment of partner allowance in respect of days for
25
which partner allowance is payable to a person;
26
(b) a determination or requirement made under that Part before
27
that commencement, or the making of a determination or
28
requirement under that Part on or after that commencement,
29
in relation to partner allowance.
30
(2)
Despite the amendments made by this Schedule, Parts 3B and 3D of the
31
Social Security (Administration) Act 1999, as in force immediately
32
before the commencement of this item, continue to apply on and after
33
that commencement in relation to a payment of partner allowance, or of
34
a social security bereavement payment in relation to partner allowance,
35
made before, on or after that commencement.
36
Cessation of partner allowance Schedule 7
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
165
(3)
Despite the amendments made by this Schedule, Parts 4 and 4A of the
1
Social Security (Administration) Act 1999, as in force immediately
2
before the commencement of this item, continue to apply on and after
3
that commencement in relation to a decision under the social security
4
law, in relation to partner allowance, made before, on or after that
5
commencement.
6
(4)
The amendments made by this Schedule do not affect the validity of a
7
cancellation under subsection 106B(1) of the Social Security
8
(Administration) Act 1999 before the commencement of this item.
9
77 Saving provision
--Veterans' Entitlements Act 1986
10
Despite the amendments made by this Schedule, sections 118ND and
11
118NE of the Veterans' Entitlements Act 1986, as in force immediately
12
before the commencement of this item, continue to apply on and after
13
that commencement in relation to working out the rate of partner
14
allowance in respect of days occurring before, on or after that
15
commencement.
16
Schedule 8 Minister's rules
166
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Schedule 8--Minister's rules
1
2
1 Minister's rules
3
(1)
The Minister may, by legislative instrument, make rules prescribing
4
matters of a transitional nature (including prescribing any saving or
5
application provisions) relating to the amendments or repeals made by
6
Schedules 1 to 7 to this Act.
7
(2)
However, to avoid doubt, the rules may not do the following:
8
(a) create an offence or civil penalty;
9
(b) provide powers of:
10
(i) arrest or detention; or
11
(ii) entry, search or seizure;
12
(c) impose a tax;
13
(d) set an amount to be appropriated from the Consolidated
14
Revenue Fund under an appropriation in this Act;
15
(e) directly amend the text of this Act.
16
(3)
This Act (other than subitem (2)) does not limit the rules that may be
17
made for the purposes of subitem (1).
18
Changes to activity tests for persons aged 55 to 59 Schedule 9
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
167
Schedule 9--Changes to activity tests for
1
persons aged 55 to 59
2
3
Social Security Act 1991
4
1 Before subsection 603AA(1)
5
Insert:
6
(1A) Subject to subsection (3), a person who has reached 55, but is
7
under 60, years of age is taken to satisfy the activity test in respect
8
of a period of 2 weeks (the relevant period) if the person:
9
(a) is engaged, for at least 30 hours in the relevant period, in a
10
combination of:
11
(i) approved unpaid voluntary work for an approved
12
organisation; and
13
(ii) paid work that the Secretary regards as suitable and that
14
is at least 15 hours in the relevant period; or
15
(b) is engaged for at least 30 hours in the relevant period in paid
16
work that the Secretary regards as suitable.
17
2 Subsection 603AA(1)
18
Omit "55 years", substitute "60 years of age".
19
3 Subsection 603AA(1)
20
After "in respect of a period", insert "of 2 weeks".
21
4 Paragraph 603AA(1)(a)
22
Omit "period", substitute "relevant period".
23
5 Paragraph 603AA(1)(b)
24
Omit "period", substitute "relevant period,".
25
6 Paragraph 603AA(1)(c)
26
Omit "period", substitute "relevant period".
27
Schedule 9 Changes to activity tests for persons aged 55 to 59
168
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
7 Paragraph 603AA(4)(a)
1
Omit "approved voluntary unpaid work", substitute "approved unpaid
2
voluntary work".
3
8 Before subsection 731G(1)
4
Insert:
5
(1A) Subject to subsection (3), a person to whom this Subdivision
6
applies who has reached 55, but is under 60, years of age is taken
7
to satisfy the activity test in respect of each period of 2 weeks
8
while the person is receiving special benefit (the relevant period) if
9
the person:
10
(a) is engaged, for at least 30 hours in the relevant period, in a
11
combination of:
12
(i) approved unpaid voluntary work for an approved
13
organisation; and
14
(ii) paid work that the Secretary regards as suitable and that
15
is at least 15 hours in the relevant period; or
16
(b) is engaged for at least 30 hours in the relevant period in paid
17
work that the Secretary regards as suitable.
18
9 Subsection 731G(1)
19
Omit "55 years", substitute "60 years of age".
20
10 Paragraph 731G(1)(c)
21
Omit "period", substitute "relevant period".
22
11 Subsection 731G(4)
23
Insert:
24
approved unpaid voluntary work, either full-time or otherwise, is
25
work that has been approved by the Secretary for the purposes of
26
this section.
27
12 Subsection 731G(4) (definition of approved voluntary
28
unpaid work)
29
Repeal the definition.
30
Changes to activity tests for persons aged 55 to 59 Schedule 9
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
169
13 Application provision
1
The amendments made by this Schedule apply in relation to relevant
2
periods beginning on or after the commencement of this item.
3
Schedule 10 Start day for some participation payments
170
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Schedule 10--Start day for some participation
1
payments
2
3
Social Security (Administration) Act 1999
4
1 At the end of subclause 3(1) of Schedule 2
5
Add:
6
Note:
Clause 4A applies instead of this subclause to claims for newstart
7
allowance and youth allowance in certain circumstances.
8
2 After clause 4 of Schedule 2
9
Insert:
10
4A Start day for newstart allowance and youth allowance if claimant
11
required to attend interview
12
When this clause applies and subclause 3(1) does not
13
(1) This clause applies, and subclause 3(1) does not apply, in relation
14
to a person's:
15
(a) claim for newstart allowance; or
16
(b) claim for youth allowance that is not based on the person
17
being a new apprentice or undertaking full-time study;
18
if the Secretary gives the person a notice under section 63 requiring
19
the person to attend a particular place for an interview on a day
20
specified in the notice (the specified day).
21
Note:
Clause 5 may override the start day under this clause in certain
22
circumstances.
23
Secretary may decide that this clause does not apply
24
(2) This clause does not apply to a person if the Secretary is satisfied,
25
in accordance with any guidelines under subclause (3), that it
26
should not apply to the person.
27
(3) The Secretary may, by legislative instrument, make guidelines to
28
be complied with in deciding under subclause (2) whether this
29
clause applies to a person.
30
Start day for some participation payments Schedule 10
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
171
Start day
1
(4) The start day for the person is the day worked out using the
2
following table.
3
4
Start day
If the period between the time the
Secretary imposes the requirement under
section 63 and the specified day is:
The start day is:
1 2 business days or less
The specified day
2 More than 2 business days (otherwise than at
the person's request)
The day the Secretary imposes the
requirement under section 63
3 More than 2 business days (at the person's
request)
The specified day
5
Start day--failure to comply with requirement to attend interview
6
(5) Despite subclause (4), if:
7
(a) the person does not comply with the requirement; and
8
(b) because of that failure to comply, either section 547AA or
9
615 of the 1991 Act applies to the person;
10
the person's start day is the day on which that section ceases to
11
apply to the person.
12
Start day--person not qualified on start day
13
(6) Despite subclauses (4) and (5), if a person is not qualified for the
14
allowance on the day that would, but for this subclause, be the
15
person's start day, the person's start day is the first day, after what
16
would otherwise (under subclause (4) or (5)) be the person's start
17
day, on which the person is qualified for the allowance.
18
When this clause ceases to apply
19
(7) This clause ceases to apply if the Secretary revokes the
20
requirement before the specified day.
21
Note:
In that case, subclause 3(1) will apply.
22
Schedule 10 Start day for some participation payments
172
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
3 Subclause 5(2) of Schedule 2 (paragraph (e) of the
1
definition of exclusion period)
2
Omit "section 547AA or 615", substitute
3
"subparagraph 547AA(1)(b)(ii) or subparagraph 615(1)(b)(ii)".
4
4 Application provision
5
The amendments made by this Schedule apply in relation to the
6
following claims made on or after the commencement of this Schedule:
7
(a) a claim for newstart allowance;
8
(b) a claim for youth allowance that is not based on the claimant
9
being a new apprentice or undertaking full-time study.
10
Removal of intent to claim provisions Schedule 11
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
173
Schedule 11--Removal of intent to claim
1
provisions
2
3
Social Security Act 1991
4
1 Subsection 27(1) (note)
5
Omit ", 13".
6
2 Subsection 547AA(6)
7
Repeal the subsection.
8
3 Subsection 615(6)
9
Repeal the subsection.
10
4 Subparagraph 771(1)(a)(ii)
11
Omit "section 13 or 15", substitute "former section 13 or of section 15".
12
Social Security (Administration) Act 1999
13
5 Sections 13 and 14
14
Repeal the sections.
15
6 Subsection 39(5)
16
Repeal the subsection.
17
7 Saving provisions
18
(1)
Despite the repeal of sections 13 and 14 of the Social Security
19
(Administration) Act 1999 made by this Schedule, those sections, as in
20
force immediately before the commencement of this item, continue to
21
apply on and after that commencement in relation to contacts to the
22
Department made before that commencement.
23
(2)
Despite the repeal of subsection 39(5) of the Social Security
24
(Administration) Act 1999 made by this Schedule, that subsection, as in
25
force immediately before the commencement of this item, continues to
26
apply on and after that commencement in relation to a claim taken to
27
Schedule 11 Removal of intent to claim provisions
174
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
have been made by virtue of section 13 or 14 of that Act in connection
1
with the Department being contacted before that commencement.
2
Establishment of a drug testing trial Schedule 12
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
175
Schedule 12--Establishment of a drug testing
1
trial
2
Part 1--Main amendments
3
Social Security Act 1991
4
1 Subsection 23(1)
5
Insert:
6
drug test, in relation to a person, means a test that:
7
(a) is carried out:
8
(i) directly or indirectly under a contract with the
9
Commonwealth for the carrying out of the test; and
10
(ii) in accordance with applicable provisions (if any) of the
11
drug test rules; and
12
(b) is for the presence of a testable drug in a sample taken in the
13
drug test trial period from the person's saliva, urine or hair.
14
drug test rules means rules made under section 38FA.
15
drug test trial area means an area prescribed by the drug test rules
16
for the purposes of this definition.
17
drug test trial period means the 24 months starting on the
18
commencement of this definition.
19
drug test trial pool member: a person is a drug test trial pool
20
member at a time if:
21
(a) that time is in the drug test trial period; and
22
(b) at that time the person's usual place of residence is in a drug
23
test trial area; and
24
(c) at that time the person is:
25
(i) receiving newstart allowance; or
26
(ii) receiving youth allowance otherwise than on the basis
27
that the person is a new apprentice or undertaking
28
full-time study;
29
as a result of a claim made in the drug test trial period; and
30
Schedule 12 Establishment of a drug testing trial
Part 1 Main amendments
176
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
(d) when the claim was made the person's usual place of
1
residence was in a drug test trial area; and
2
(e) if the claim was for youth allowance--the claim was not
3
based on the person being a new apprentice or undertaking
4
full-time study.
5
positive drug test for a person means an indication by a drug test
6
that a testable drug was present in a sample of the person's saliva,
7
urine or hair given by the person in compliance with a requirement
8
notified to the person under paragraph 63(4)(c) of the
9
Administration Act.
10
testable drug means:
11
(a) methamphetamine; or
12
(b) methylenedioxy-methamphetamine; or
13
(c) tetrahydrocannabinol; or
14
(d) opioids; or
15
(e) another substance prescribed by the drug test rules for the
16
purposes of this definition.
17
2 Subsection 23(1) (after paragraph (ca) of the definition of
18
waiting period)
19
Insert:
20
(cb) a drug test refusal waiting period under sections 623C and
21
623D; or
22
3 At the end of Part 1.3
23
Add:
24
38FA Drug test rules
25
The Minister may, by legislative instrument, make rules (the drug
26
test rules) providing for and in relation to the following:
27
(a) prescribing up to 3 discrete areas for the purposes of the
28
definition of drug test trial area in subsection 23(1);
29
(b) prescribing substances for the purposes of the definition of
30
testable drug in subsection 23(1);
31
(c) giving and taking samples of persons' saliva, urine or hair for
32
use in drug tests;
33
(d) dealing with such samples;
34
Establishment of a drug testing trial Schedule 12
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
177
(e) carrying out drug tests;
1
(f) giving results of drug tests in certificates or other documents
2
and the evidentiary effect of those certificates or documents;
3
(g) confidentiality and disclosure of results of drug tests;
4
(h) requirements relating to contracts entered into for the
5
carrying out of drug tests;
6
(i) keeping and destroying records relating to:
7
(i) samples for use in drug tests; or
8
(ii) drug tests.
9
4 After subsection 544B(1)
10
Insert:
11
(1AA) One of the requirements of a Youth Allowance Employment
12
Pathway Plan that is in force in relation to a person must relate to
13
undertaking treatment of the person for use of drugs if:
14
(a) the person is a drug test trial pool member; and
15
(b) the person has 2 (or more) positive drug tests; and
16
(c) the person has undergone a medical, psychiatric or
17
psychological examination in compliance with a notice given
18
to the person under subsection 63(4) of the Administration
19
Act after the person has had 2 (or more) positive drug tests;
20
and
21
(d) the report of the examination given to the Secretary
22
recommends that the person undertake treatment for use of
23
drugs.
24
5 At the end of subsection 549(2)
25
Add:
26
; (c) a drug test refusal waiting period (see sections 549EA and
27
549EB).
28
6 After section 549E
29
Insert:
30
549EA Drug test refusal waiting period
31
A person is subject to a drug test refusal waiting period if:
32
Schedule 12 Establishment of a drug testing trial
Part 1 Main amendments
178
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
(a) youth allowance that was previously payable to the person is
1
cancelled under section 80 of the Administration Act because
2
the allowance is not payable under section 64 of that Act as
3
that section applies in relation to the person's
4
non-compliance with a notice requiring the person to do an
5
act described in paragraph 63(4)(c) of that Act; and
6
(b) after the non-compliance the person qualifies for youth
7
allowance otherwise than on the basis of being a new
8
apprentice or undertaking full-time study.
9
Note:
Paragraph 63(4)(c) of the Administration Act is about giving a sample
10
for a drug test.
11
549EB Length of drug test refusal waiting period
12
The drug test refusal waiting period is the 28 days starting on the
13
day of the cancellation.
14
7 After subsection 606(1)
15
Insert:
16
(1AA) One of the requirements of a Newstart Employment Pathway Plan
17
that is in force in relation to a person must relate to undertaking
18
treatment of the person for use of drugs if:
19
(a) the person is a drug test trial pool member; and
20
(b) the person has 2 (or more) positive drug tests; and
21
(c) the person has undergone a medical, psychiatric or
22
psychological examination in compliance with a notice given
23
to the person under subsection 63(4) of the Administration
24
Act after the person has had 2 (or more) positive drug tests;
25
and
26
(d) the report of the examination given to the Secretary
27
recommends that the person undertake treatment for use of
28
drugs.
29
8 At the end of Subdivision E of Division 1 of Part 2.12
30
Add:
31
623C Drug test refusal waiting period
32
A person is subject to a drug test refusal waiting period if newstart
33
allowance that was previously payable to the person is cancelled
34
Establishment of a drug testing trial Schedule 12
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
179
under section 80 of the Administration Act because the allowance
1
is not payable under section 64 of that Act as that section applies in
2
relation to the person's non-compliance with a notice requiring the
3
person to do an act described in paragraph 63(4)(c) of that Act.
4
Note:
Paragraph 63(4)(c) of the Administration Act is about giving a sample
5
for a drug test.
6
623D Duration of drug test refusal waiting period
7
The drug test refusal waiting period is the 28 days starting on the
8
day of the cancellation.
9
9 Point 1067G-A1 (method statement, step 14, after
10
paragraph (b))
11
Insert:
12
(ba)
if there is any amount remaining, subtracting from
13
that amount any drug test repayment deduction
14
(see Part 3.16C); and
15
10 Point 1068-A1 (method statement, step 7, after
16
paragraph (b))
17
Insert:
18
(ba)
if there is any amount remaining, subtracting from
19
that amount any drug test repayment deduction
20
(see Part 3.16C); and
21
11 After Part 3.16B
22
Insert:
23
Schedule 12 Establishment of a drug testing trial
Part 1 Main amendments
180
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Part 3.16C--Drug test repayment deductions
1
2
1206XA Drug test repayment deduction
3
Drug test repayment deduction to be made if person has drug test
4
repayment deficit
5
(1) A drug test repayment deduction is to be made from the rate of
6
newstart allowance that is payable to a person, or of youth
7
allowance that is payable to a person who is not a new apprentice
8
and is not undertaking full-time study, if the person has a drug test
9
repayment deficit.
10
When person has drug test repayment deficit
11
(2) A person has a drug test repayment deficit at a time if the sum of
12
all the drug test repayment amounts that arose for the person before
13
that time exceeds the sum of the amounts by which instalments of
14
social security benefit paid to the person before that time have been
15
properly reduced by the making of drug test repayment deductions.
16
Amount of drug test repayment deficit
17
(3) The amount of the deficit is the amount of the excess.
18
Drug test repayment amount
19
(4) A drug test repayment amount arises for a person for each positive
20
drug test for the person, except a positive drug test resulting from a
21
drug test that:
22
(a) was not carried out at the request of the person; and
23
(b) used a sample given by the person under the requirement
24
notified to the person in the first notice under
25
paragraph 63(4)(c) of the Administration Act that the person
26
complied with.
27
(5) However, a drug test repayment amount is taken not to have arisen
28
for a person from a positive drug test if the contractor who carried
29
out the test gives written notice to the Secretary that the test should
30
not be taken into account for the purposes of this Part.
31
Establishment of a drug testing trial Schedule 12
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
181
Amount of drug test repayment amount
1
(6) The amount of a drug test repayment amount is the amount
2
prescribed by legislative instrument under subsection (7).
3
(7) The Secretary may make a legislative instrument for the purposes
4
of subsection (6). In doing so, the Secretary must have regard to
5
the lowest cost to the Commonwealth of any drug test that could be
6
carried out at the time the legislative instrument is to commence.
7
1206XB Amount of drug test repayment deduction--basic
8
calculation
9
(1) The amount of a drug test repayment deduction is the percentage,
10
worked out in accordance with subsection (3), and section 1206XC
11
or 1206XD (if relevant), of:
12
(a) for a deduction from the rate of newstart allowance payable
13
to a person--the person's rate of benefit worked out under
14
step 7 of the method statement in point 1068-A1,
15
disregarding paragraphs (ba) and (c) of that step; or
16
(b) for a deduction from the rate of youth allowance payable to a
17
person--the person's rate of allowance worked out under
18
step 14 of the method statement in point 1067G-A1,
19
disregarding paragraphs (ba) and (c) of that step.
20
(2) Subsection (1) has effect subject to section 1206XE.
21
Percentage
22
(3) For the purposes of subsection (1), the percentage is the percentage
23
prescribed by legislative instrument under subsection (4). This
24
subsection has effect subject to sections 1206XC and 1206XD.
25
(4) The Secretary may make a legislative instrument for the purposes
26
of subsection (3). The instrument must not prescribe a percentage
27
greater than 10%.
28
1206XC Person may request greater percentage for drug test
29
repayment deduction
30
(1) The percentage for working out a person's drug test repayment
31
deduction is increased to a greater percentage if the person asks the
32
Secretary in writing for the percentage to be the greater percentage.
33
Schedule 12 Establishment of a drug testing trial
Part 1 Main amendments
182
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
(2) Subsection (1) does not apply if the Secretary is satisfied that the
1
person would suffer severe financial hardship if the percentage
2
were the greater percentage.
3
1206XD Reduction of percentage for drug test repayment deduction
4
in cases of severe financial hardship
5
Reduction
6
(1) The Secretary may determine that, for the period specified in the
7
determination, the percentage for working out a person's drug test
8
repayment deduction is to be a percentage (which may be nil)
9
specified in the determination that is less than the percentage that
10
would otherwise apply, if the Secretary is satisfied that:
11
(a) the person's circumstances are exceptional; and
12
(b) the person would suffer severe financial hardship if the
13
percentage that would otherwise apply were to continue to
14
apply.
15
Review of reduction
16
(2) At any time while the determination is in force, the Secretary may:
17
(a) vary the determination so as to apply a percentage greater
18
than the percentage previously applying under the
19
determination, but less than the percentage applying
20
immediately prior to the determination; or
21
(b) revoke the determination;
22
but only if the Secretary is satisfied that the person would not
23
suffer severe financial hardship because of the variation or
24
revocation.
25
1206XE The final drug test repayment deduction
26
If, apart from this section, the reduction of an instalment of the
27
person's newstart allowance or youth allowance by the making of a
28
drug test repayment deduction would be greater than the person's
29
drug test repayment deficit immediately before the payment of the
30
instalment, the drug test repayment deduction is reduced so that the
31
reduction of the instalment equals the deficit.
32
Establishment of a drug testing trial Schedule 12
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
183
1206XF Rounding of amounts
1
Amounts worked out under this Part must be rounded to the nearest
2
cent (rounding 0.5 cents upwards).
3
Social Security (Administration) Act 1999
4
12 After subsection 37(7)
5
Insert:
6
(7A) Despite subsections (2), (3), (6) and (7), in the drug test trial period
7
the Secretary must not determine that a claim for newstart
8
allowance or youth allowance by a potential drug test trial pool
9
member is to be granted unless the Secretary is satisfied that the
10
claimant acknowledged in the claim that the claimant could be
11
required to give samples for drug tests to be carried out in that
12
period.
13
13 Subsection 63(2)
14
Omit "referred to in paragraph (4)(a) or (b)", substitute "described in
15
paragraph (4)(a), (b) or (c)".
16
14 After subsection 63(2)
17
Insert:
18
(2A) The Secretary may also notify a person under subsection (2) that he
19
or she is required, at or within a specified time, to do an act
20
described in paragraph (2)(a) if:
21
(a) the person was, while the person was a drug test trial pool
22
member, earlier required under that subsection to do that act
23
but did not comply with that earlier requirement; and
24
(b) because of that non-compliance and subsection 64(1), the
25
social security payment the person received as such a
26
member is not payable to the person (whether or not the
27
payment is suspended).
28
To avoid doubt, the notification is taken for all purposes to be
29
under subsection (2).
30
15 After paragraph 63(4)(b)
31
Insert:
32
Schedule 12 Establishment of a drug testing trial
Part 1 Main amendments
184
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
or (c) if the person is a drug test trial pool member--give a sample
1
of a particular kind at a particular place for a drug test to be
2
carried out (at that place or elsewhere) on the sample;
3
16 After subsection 63(4)
4
Insert:
5
(4A) The Secretary must not notify a person of a requirement to do an
6
act described in paragraph (4)(c) if 5,000 other persons have given
7
samples in compliance with such requirements (whether or not any
8
of those other persons have given 2 or more samples under one or
9
more such requirements).
10
Note:
This does not prevent the Secretary from notifying a particular person
11
multiple times of such requirements, as long as fewer than 5,000 other
12
persons have given samples under such requirements.
13
(4B) The Secretary may also notify a person under subsection (4) that he
14
or she is required, at or within a specified time, to do an act or
15
thing described in paragraph (4)(b) or (c) if:
16
(a) the person was, while the person was a drug test trial pool
17
member, earlier required:
18
(i) under that subsection to do that act or thing; or
19
(ii) under subsection (2) to attend an office of the
20
Department;
21
but did not comply with that earlier requirement; and
22
(b) because of that non-compliance and subsection 64(1), the
23
social security payment the person received as such a
24
member is not payable to the person (whether or not the
25
payment is suspended).
26
To avoid doubt, the notification is taken for all purposes to be
27
under subsection (4).
28
17 After subsection 64(1)
29
Insert:
30
(1AA) A notice of a requirement to do an act described in
31
paragraph 63(4)(c) is not unreasonable for the purposes of
32
paragraph (1)(c) of this section merely because of the nature of the
33
act (even if it is not the first notice requiring the person to do such
34
an act).
35
Establishment of a drug testing trial Schedule 12
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
185
18 After section 64
1
Insert:
2
64A Contractual arrangements relating to drug tests
3
(1) The Secretary may, on behalf of the Commonwealth, for the
4
purposes of paragraph 63(4)(c), enter into contracts for the carrying
5
out of drug tests mentioned in that paragraph.
6
(2) A contract mentioned in subsection (1) must meet any
7
requirements prescribed by the drug test rules.
8
(3) Without limiting subsection (2), the drug test rules may require a
9
contract mentioned in subsection (1) to include provisions
10
requiring the following:
11
(a) giving the Secretary written notice of the results of the drug
12
test;
13
(b) giving notice as mentioned in paragraph 123UFAA(1A)(c) in
14
particular circumstances;
15
(c) withdrawing or revoking a notice as mentioned in
16
paragraph 123UFAA(1A)(d) in particular circumstances;
17
(d) giving notice as mentioned in subsection 1206XA(5) of the
18
1991 Act in particular circumstances;
19
(e) any subcontracts to include provisions requiring matters
20
mentioned in paragraphs (a) to (d).
21
19 Section 110A
22
Before "If:", insert "(1)".
23
20 At the end of section 110A
24
Add:
25
Suspension for drug test pool member's failure to do certain things
26
(2) Subsection (3) applies if:
27
(a) payment of social security payment to a person was
28
suspended because of subsection 64(1) applying in relation to
29
the person's non-compliance with a requirement (the earlier
30
requirement) to do an act or thing described in
31
paragraph 63(2)(a) or 63(4)(b) or (c) notified to the person
32
while he or she was a drug test pool member; and
33
Schedule 12 Establishment of a drug testing trial
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
(b) if the earlier requirement was to do an act described in
1
paragraph 63(2)(a)--it is reasonable to expect that, had the
2
person complied with the earlier requirement, the person
3
would have been required to do an act described in
4
paragraph 63(4)(c); and
5
(c) the person complies with:
6
(i) a later requirement under subsection 63(2) or (4) to do
7
the act or thing required by the earlier requirement; and
8
(ii) if the earlier requirement was to do an act described in
9
paragraph 63(2)(a)--a later requirement to do an act
10
described in paragraph 63(4)(c); and
11
(d) a favourable determination is made under section 85
12
resuming payment of social security payment to the person.
13
(3) The favourable determination takes effect, or is taken to have taken
14
effect:
15
(a) when the person met the condition in paragraph (2)(c); or
16
(b) if the Secretary is satisfied that the person had a reasonable
17
excuse for not complying with the earlier requirement--on
18
the day on which the person was required by the earlier
19
requirement to do the act or thing concerned.
20
21 Section 123TA
21
After:
22
(ga)
an officer or employee of a recognised State/Territory
23
authority requires the person to be subject to the income
24
management regime; or
25
insert:
26
(gb)
there is a positive drug test for the person and the tester
27
tells the Secretary that the person should be subject to
28
the income management regime; or
29
22 Section 123UFAA (heading)
30
Repeal the heading, substitute:
31
Establishment of a drug testing trial Schedule 12
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
187
123UFAA Persons subject to the income management regime--
1
other State/Territory referrals, or positive drug tests
2
23 At the end of paragraph 123UFAA(1)(g)
3
Add "or subsection (1A) of this section".
4
24 After subsection 123UFAA(1)
5
Insert:
6
(1A) For the purposes of this Part, a person is subject to the income
7
management regime at a particular time (the test time) if:
8
(a) at the test time, the person is an eligible recipient of a
9
category H welfare payment; and
10
(b) before the test time, there was a positive drug test for the
11
person; and
12
(c) in the 24 months, or longer period (if any) determined under
13
subsection (1B), before the test time, the contractor who
14
carried out the test gave the Secretary a written notice saying
15
that the person should be subject to the income management
16
regime under this subsection; and
17
(d) at the test time, the notice has not been withdrawn or
18
revoked; and
19
(e) at the test time, the person is not covered by a determination
20
under subsection (1C); and
21
(f) if, at the test time, the person has a Part 3B payment
22
nominee--the Part 3B payment nominee is not an excluded
23
Part 3B payment nominee; and
24
(g) at the test time, the person is not subject to the income
25
management regime under section 123UC, 123UD, 123UE or
26
123UF or subsection (1) of this section.
27
(1B) The Secretary may, by legislative instrument, determine a period
28
longer than 24 months for the purposes of paragraph (1A)(c).
29
(1C) The Secretary may determine that a person is not subject to the
30
income management regime under subsection (1A) if the Secretary
31
is satisfied that being subject to the regime under that subsection
32
poses a serious risk to the person's mental, physical or emotional
33
wellbeing.
34
Schedule 12 Establishment of a drug testing trial
Part 1 Main amendments
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(1D) The Secretary is not required to consider whether to make a
1
determination under subsection (1C).
2
25 At the end of paragraph 123UFAA(2)(c)
3
Add "or (1A)".
4
26 Subdivision DAA of Division 5 of Part 3B (heading)
5
Repeal the heading, substitute:
6
Subdivision DAA--Other State/Territory referrals, or positive
7
drug tests
8
27 At the end of subsections 123XPAA(4) and 123XPAB(4)
9
Add:
10
; (d) persons having positive drug tests.
11
28 Subclause 1(1) of Schedule 1
12
Insert:
13
potential drug test trial pool member: a person is a potential drug
14
test trial pool member at a time if:
15
(a) that time is in the drug test trial period; and
16
(b) the person has, before that time and in the drug test trial
17
period, made:
18
(i) a claim for newstart allowance; or
19
(ii) a claim for youth allowance that is not based on the
20
person being a new apprentice or undertaking full-time
21
study; and
22
(c) at that time the claim has not been determined; and
23
(d) when the claim was made, the person's usual place of
24
residence was in a drug test trial area.
25
29 Subparagraph 15(b)(i) of Schedule 2
26
After "subsection 63(4)", insert "except paragraph 63(4)(c)".
27
Establishment of a drug testing trial Schedule 12
Consequential amendments Part 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
189
Part 2--Consequential amendments
1
Farm Household Support Act 2014
2
30 After paragraph 94(n)
3
Insert:
4
(na) Part 3.16C (drug test repayment deductions);
5
31 Section 95 (after table item 1)
6
Insert:
7
1A
paragraph (c) of the definition of
drug test trial pool member in
subsection 23(1)
the words "(other than farm
household allowance)" were inserted
after "newstart allowance" and after
"youth allowance".
32 Section 99 (after table item 13)
8
Insert:
9
13A
paragraph (b) of the definition of
potential drug test trial pool
member in subclause 1(1) of
Schedule 1
the words "(other than farm
household allowance)" were inserted
after "newstart allowance" and after
"youth allowance".
Schedule 13 Removal of exemptions for drug or alcohol dependence
190
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Schedule 13--Removal of exemptions for
1
drug or alcohol dependence
2
3
Social Security Act 1991
4
1 Subsection 23(1)
5
Insert:
6
declared program participant means a person who is a participant,
7
in accordance with the applicable provisions (if any) of a
8
determination made under section 28C, in an employment services
9
program specified in that determination.
10
2 After section 28B
11
Insert:
12
28C Declared program participants
13
(1) The Secretary may, by legislative instrument, make a
14
determination for the purposes of the definition of declared
15
program participant in subsection 23(1).
16
(2) The determination may provide for the operation of the social
17
security law in relation to a person who becomes, or stops being, a
18
declared program participant at a particular time (including in
19
relation to things that happened before that time).
20
(3) The determination may, for the purposes of subsection (2), provide
21
that a provision of the social security law has effect in relation to a
22
person mentioned in that subsection with any modifications set out
23
in the determination.
24
3 After subsection 94C(1)
25
Insert:
26
(1A) Subsection (1) does not apply to illness, or an accident, wholly or
27
predominantly attributable to the person's dependence on alcohol
28
or another drug, unless the person is a declared program
29
participant.
30
Removal of exemptions for drug or alcohol dependence Schedule 13
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
191
4 After subsection 94F(1)
1
Insert:
2
(1A) Subsection (1) does not apply to circumstances wholly or
3
predominantly attributable to the person's misuse of alcohol or
4
another drug, unless the person is a declared program participant.
5
5 After subsection 502F(1)
6
(1A) Subsection (1) does not apply to circumstances wholly or
7
predominantly attributable to the person's misuse of alcohol or
8
another drug, unless the person is a declared program participant.
9
6 After subsection 502H(1)
10
Insert:
11
(1AA) Subsection (1) does not apply to sickness, or an accident, wholly or
12
predominantly attributable to the person's dependence on alcohol
13
or another drug, unless the person is a declared program
14
participant.
15
7 After subsection 542A(1)
16
Insert:
17
(1AA) Subsection (1) does not apply to sickness, or an accident, wholly or
18
predominantly attributable to the person's dependence on alcohol
19
or another drug, unless the person is a declared program
20
participant, a new apprentice or undertaking full-time study.
21
8 After subsection 542H(1)
22
Insert:
23
(1AA) Subsection (1) does not apply to circumstances wholly or
24
predominantly attributable to the person's misuse of alcohol or
25
another drug, unless the person is a declared program participant, a
26
new apprentice or undertaking full-time study.
27
9 After subsection 603A(1)
28
Insert:
29
Schedule 13 Removal of exemptions for drug or alcohol dependence
192
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
(1A) Subsection (1) does not apply to circumstances wholly or
1
predominantly attributable to the person's misuse of alcohol or
2
another drug, unless the person is a declared program participant.
3
10 After subsection 603C(1)
4
Insert:
5
(1AA) Subsection (1) does not apply to sickness, or an accident, wholly or
6
predominantly attributable to the person's dependence on alcohol
7
or another drug, unless the person is a declared program
8
participant.
9
11 After subsection 731E(1)
10
Insert:
11
(1A) Subsection (1) does not apply to circumstances wholly or
12
predominantly attributable to the person's misuse of alcohol or
13
another drug, unless the person is a declared program participant.
14
12 After subsection 731K(1)
15
Insert:
16
(1AA) Subsection (1) does not apply to sickness, or an accident, wholly or
17
predominantly attributable to the person's dependence on alcohol
18
or another drug, unless the person is a declared program
19
participant.
20
13 Application provision
21
The amendments made by this Schedule apply in relation to
22
circumstances, illness or sickness existing, and accidents occurring, on
23
or after the commencement of this Schedule.
24
Changes to reasonable excuses Schedule 14
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
193
Schedule 14--Changes to reasonable excuses
1
2
Social Security (Administration) Act 1999
3
1 Subsection 42C(4) (note)
4
After "(4)(a)" (first occurring), insert "and may be prohibited from
5
taking other matters into account for those purposes".
6
2 Subsection 42E(4) (note)
7
After "(4)(a)" (first occurring), insert "and may be prohibited from
8
taking other matters into account for those purposes".
9
3 Subsection 42H(3) (note)
10
After "(a)" (first occurring), insert "and may be prohibited from taking
11
other matters into account for those purposes".
12
4 Subsection 42N(2) (note)
13
After "(a)", insert "and may be prohibited from taking other matters into
14
account for those purposes".
15
5 Subsection 42SC(2) (note)
16
After "(2)", insert "and may be prohibited from taking other matters
17
into account for those purposes".
18
6 Before subsection 42U(1)
19
Insert:
20
Matters to be taken into account
21
7 At the end of section 42U
22
Add:
23
Matters not to be taken into account
24
(3) The Secretary may, by legislative instrument, determine matters
25
that the Secretary must not take into account in deciding whether a
26
person has a reasonable excuse for committing:
27
(a) a no show no pay failure (see paragraph 42C(4)(a)); or
28
Schedule 14 Changes to reasonable excuses
194
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
(b) a connection failure (see paragraph 42E(4)(a)); or
1
(c) a reconnection failure (see paragraph 42H(3)(a)); or
2
(d) a serious failure (see paragraph 42N(2)(a)); or
3
(e) a non-attendance failure (see subsection 42SC(2)).
4
Targeted compliance framework Schedule 15
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
195
Schedule 15--Targeted compliance framework
1
Part 1--Main amendments
2
Social Security (Administration) Act 1999
3
1 After Division 3 of Part 3
4
Insert:
5
Division 3AA--Compliance with participation payment
6
obligations: persons other than declared program
7
participants
8
Subdivision A--Introduction
9
42AA Simplified outline of this Division
10
The Secretary must take action under this Division to ensure that
11
people (other than declared program participants) meet their
12
obligations in relation to participation payments. The participation
13
payments are newstart allowance and, for some people, youth
14
allowance, parenting payment and special benefit.
15
A person commits a mutual obligation failure for failing to comply
16
with obligations relating to participation payments, such as
17
attending appointments, undertaking activities, or taking action to
18
gain employment. A person commits a work refusal failure for
19
failing to accept an offer of suitable employment. A person
20
commits an unemployment failure for becoming unemployed
21
because of a voluntary act (except a reasonable act) or misconduct.
22
For a mutual obligation failure or a work refusal failure, the
23
participation payment will usually not be payable until the person
24
complies with a reconnection requirement. The person may then
25
receive back pay. The participation payment must be cancelled if
26
the person fails to comply with the reconnection requirement
27
within 4 weeks.
28
Schedule 15 Targeted compliance framework
Part 1 Main amendments
196
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
If a person who commits a mutual obligation failure has
1
persistently committed mutual obligation failures and does not
2
have a reasonable excuse then, depending on the circumstances,
3
the person's participation payment must be reduced by either 50%
4
or 100% for a period (in addition to not being payable) or the
5
participation payment must be cancelled. A participation payment
6
must also be cancelled if a person does not have a reasonable
7
excuse for a work refusal failure. No participation payments are
8
payable to a person for 4 weeks if a participation payment is
9
cancelled for a mutual obligation failure or a work refusal failure.
10
If a person commits an unemployment failure, no participation
11
payments are payable to the person for either 4 or 6 weeks,
12
depending on whether relocation assistance had been paid to help
13
the person take up the employment concerned. Also, the person's
14
participation payment must be cancelled if he or she was receiving
15
a participation payment when the unemployment failure was
16
committed.
17
42AB Division not to apply to declared program participants
18
This Division applies in relation to a person if the person is not a
19
declared program participant.
20
Subdivision B--Failures for which compliance action must be
21
taken
22
42AC Mutual obligation failures
23
(1) A person commits a mutual obligation failure if the person is
24
receiving a participation payment and any of the following applies:
25
(a) the person fails to comply with a requirement that was
26
notified to the person under subsection 63(2) or (4), except:
27
(i) a requirement notified under subsection 63(2) in relation
28
to which it is reasonable to expect that, if the person
29
were to comply with the requirement, the person would
30
be required to do an act described in paragraph 63(4)(c);
31
or
32
(ii) a requirement to do an act described in
33
paragraph 63(4)(c);
34
Targeted compliance framework Schedule 15
Main amendments Part 1
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
197
(b) the person fails to comply with a requirement, under
1
section 501, 544A, 605 or 731L of the 1991 Act, to enter into
2
an employment pathway plan;
3
(c) the person fails to attend, or to be punctual for, an
4
appointment that the person is required to attend by:
5
(i) a notice under subsection 63(2) (except a notice
6
containing a requirement described in
7
subparagraph (a)(i) of this subsection); or
8
(ii) an employment pathway plan that is in force in relation
9
to the person;
10
(d) the person fails to attend, to be punctual for, or to participate
11
in, an activity that the person is required to undertake by an
12
employment pathway plan that is in force in relation to the
13
person;
14
(e) an employment pathway plan is in force in relation to the
15
person and the person fails to satisfy the Secretary that the
16
person has undertaken adequate job search efforts in relation
17
to a period worked out in accordance with the plan (see
18
subsection (2));
19
(f) an employment pathway plan is in force in relation to the
20
person and the person fails to comply with any other
21
requirement of the plan that applies to the person;
22
(g) the Secretary is satisfied that the person acted in an
23
inappropriate manner:
24
(i) during an appointment to which paragraph (c) applies
25
that the person attended; or
26
(ii) while participating in an activity referred to in
27
paragraph (d);
28
(h) the person intentionally acts in a manner and it is reasonably
29
foreseeable that acting in that manner could result in an offer
30
of employment not being made to the person;
31
(i) the person fails to:
32
(i) attend a job interview; or
33
(ii) act on a job opportunity when requested to do so by an
34
employment services provider.
35
Note 1:
In certain circumstances a person is taken to be receiving a
36
participation payment even if it is not payable to the person: see
37
section 42AQ.
38
Schedule 15 Targeted compliance framework
Part 1 Main amendments
198
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Note 2:
Paragraphs (1)(a) and (c)--paragraph 63(4)(c) relates to requirements
1
for drug test trial pool members.
2
(2) For the purposes of paragraph (1)(e), the question whether a person
3
has undertaken adequate job search efforts in relation to a
4
particular period is to be worked out in accordance with a
5
determination in force under subsection (3).
6
(3) The Secretary must, by legislative instrument, make a
7
determination for the purposes of subsection (2).
8
(4) Paragraph (1)(c) does not limit paragraph (1)(a), and
9
paragraph (1)(i) does not limit paragraph (1)(h).
10
42AD Work refusal failures
11
A person commits a work refusal failure if:
12
(a) the person is receiving a participation payment; and
13
(b) the person refuses or fails to accept an offer of suitable
14
employment.
15
Note:
In certain circumstances a person is taken to be receiving a
16
participation payment even if it is not payable to the person: see
17
section 42AQ.
18
42AE Unemployment failures
19
(1) A person commits an unemployment failure if:
20
(a) the person is receiving a participation payment; and
21
(b) the person becomes unemployed:
22
(i) as a direct or indirect result of a voluntary act of the
23
person; or
24
(ii) as a result of the person's misconduct as an employee.
25
Note:
In certain circumstances a person is taken to be receiving a
26
participation payment even if it is not payable to the person: see
27
section 42AQ.
28
(2) A person also commits an unemployment failure if:
29
(a) the person is not receiving, but has made a claim for, a
30
participation payment; and
31
(b) the person becomes unemployed (whether before or after
32
making the claim):
33
Targeted compliance framework Schedule 15
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
199
(i) as a direct or indirect result of a voluntary act of the
1
person; or
2
(ii) as a result of the person's misconduct as an employee.
3
(3) However, a person does not commit an unemployment failure
4
because of subparagraph (1)(b)(i) or (2)(b)(i) if the person satisfies
5
the Secretary that the voluntary act was reasonable.
6
Subdivision C--Compliance action that must be taken for
7
particular failures
8
42AF Compliance action for mutual obligation failures
9
Usual rule
10
(1) If a person commits a mutual obligation failure (the relevant
11
failure), the Secretary must:
12
(a) determine that the person's participation payment is not
13
payable to the person for a period (see section 42AL); and
14
(b) take action under subsection (2) (if applicable).
15
Note:
The person may be eligible for back pay once the payment suspension
16
period ends (see subsection 42AL(4)).
17
Special rule--persistent mutual obligation failures and no
18
reasonable excuse
19
(2) If:
20
(a) the Secretary is satisfied in accordance with an instrument
21
made under subsection 42AR(1) that the person has
22
persistently committed mutual obligation failures; and
23
(b) the person does not satisfy the Secretary that the person has a
24
reasonable excuse for the relevant failure (see sections 42AI
25
and 42AJ);
26
the Secretary must, in accordance with that instrument, determine:
27
(c) that an instalment of the person's participation payment for
28
an instalment period is to be reduced (see section 42AN), in
29
addition to making a determination under paragraph (1)(a) of
30
this section; or
31
(d) that the person's participation payment is cancelled (see
32
section 42AP).
33
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Note 1:
For paragraph (c), the person may be eligible for back pay once the
1
person's payment suspension period ends (see subsection 42AL(4)).
2
However, the back pay may be reduced (including to nil) if the
3
instalment period for which an instalment is to be reduced under
4
paragraph (c) overlaps with the payment suspension period.
5
Note 2:
For paragraph (d), a further consequence is that participation
6
payments will not be payable to the person for the person's
7
post-cancellation non-payment period (see subsection 42AP(5)).
8
(3) A determination made under paragraph (2)(d) for the relevant
9
failure has effect despite any determination made under
10
paragraph (1)(a) for the relevant failure.
11
Action not to be taken--instalment already reduced to nil for
12
instalment period when failure committed
13
(4) Despite subsections (1) and (2), the Secretary must not make a
14
determination under this section for the relevant failure if:
15
(a) the Secretary has previously determined under
16
paragraph (2)(c) that an instalment of the person's
17
participation payment for an instalment period is to be
18
reduced; and
19
(b) the instalment for the instalment period is reduced by the
20
whole of the amount of the instalment (see
21
paragraph 42AN(3)(b)); and
22
(c) the person commits the relevant failure during that instalment
23
period.
24
42AG Compliance action for work refusal failures
25
Usual rule
26
(1) If a person commits a work refusal failure, the Secretary must
27
determine that the person's participation payment is not payable to
28
the person for a period (see section 42AL).
29
Special rule--no reasonable excuse
30
(2) However, if the person does not satisfy the Secretary that the
31
person has a reasonable excuse for the work refusal failure (see
32
section 42AI), the Secretary must determine that the person's
33
participation payment is cancelled (see section 42AP).
34
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Note:
Participation payments will not be payable to the person for the
1
person's post-cancellation non-payment period (see
2
subsection 42AP(5)).
3
(3) A determination made under subsection (2) for a work refusal
4
failure has effect despite any determination made under
5
subsection (1) for the failure.
6
Action not to be taken--instalment already reduced to nil for
7
instalment period when failure committed
8
(4) Despite subsections (1) and (2), the Secretary must not take action
9
under this section for a work refusal failure (the relevant failure)
10
if:
11
(a) the Secretary has previously determined under
12
paragraph 42AF(2)(c) that the amount of an instalment of the
13
person's participation payment for an instalment period is to
14
be reduced; and
15
(b) the instalment for the instalment period is reduced by the
16
whole of the amount of the instalment (see
17
paragraph 42AN(3)(b)); and
18
(c) the person commits the relevant failure during that instalment
19
period.
20
42AH Compliance action for unemployment failures
21
Unemployment failures committed by persons receiving a
22
participation payment
23
(1) If a person receiving a participation payment commits an
24
unemployment failure, the Secretary must determine that the
25
participation payment is cancelled (see section 42AP).
26
Note:
Participation payments will not be payable to the person for the
27
person's post-cancellation non-payment period (see
28
subsection 42AP(5)).
29
Unemployment failures committed by persons claiming a
30
participation payment
31
(2) If a person who has made a claim for (but is not receiving) a
32
participation payment has committed an unemployment failure, the
33
Secretary must determine that participation payments (whether or
34
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not the same as the participation payment that was claimed) are not
1
payable to the person for a period (see section 42AO).
2
42AI Reasonable excuses--matters that must or must not be taken
3
into account
4
Matters to be taken into account
5
(1) The Secretary must, by legislative instrument, determine matters
6
that the Secretary must take into account in deciding whether a
7
person has a reasonable excuse for committing:
8
(a) a mutual obligation failure (see paragraph 42AF(2)(b)); or
9
(b) a work refusal failure (see subsection 42AG(2)).
10
(2) To avoid doubt, a determination under subsection (1) does not limit
11
the matters that the Secretary may take into account in deciding
12
whether the person has a reasonable excuse.
13
Matters not to be taken into account
14
(3) The Secretary may, by legislative instrument, determine matters
15
that the Secretary must not take into account in deciding whether a
16
person has a reasonable excuse for committing:
17
(a) a mutual obligation failure (see paragraph 42AF(2)(b)); or
18
(b) a work refusal failure (see subsection 42AG(2)).
19
42AJ Reasonable excuses for mutual obligation failures--prior
20
notification required for certain failures
21
(1) For the purposes of paragraph 42AF(2)(b), an excuse cannot be a
22
reasonable excuse for a mutual obligation failure mentioned in
23
subsection (2) of this section that is committed by a person unless:
24
(a) the person notifies the excuse as mentioned in subsection (3)
25
of this section; or
26
(b) the Secretary is satisfied that there were circumstances in
27
which it was not reasonable to expect the person to give the
28
notification.
29
Note:
The Secretary may also decide for other reasons that the excuse is not
30
a reasonable excuse.
31
(2) The failures are as follows:
32
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(a) a failure to comply with a requirement that was notified to
1
the person under subsection 63(2) to attend an office of the
2
Department, to contact the Department, or to attend a
3
particular place;
4
(b) without limiting paragraph (a), a failure to attend, or to be
5
punctual for, an appointment that the person is required to
6
attend by a notice under subsection 63(2);
7
(c) a failure to attend, to be punctual for, or to participate in, an
8
activity that the person is required to undertake by an
9
employment pathway plan that is in force in relation to the
10
person;
11
(d) a failure to attend, or to be punctual for, an appointment that
12
the person is required to attend by an employment pathway
13
plan that is in force in relation to the person.
14
(3) The person must notify the excuse:
15
(a) for a failure mentioned in paragraph (2)(a) or (b):
16
(i) before the end of the time specified under
17
subsection 63(2); and
18
(ii) to the person or body specified by the Secretary as the
19
person or body to whom prior notice should be given if
20
the person is unable to comply with the notice under
21
subsection 63(2); and
22
(b) for a failure mentioned in paragraph (2)(c) or (d):
23
(i) before the start of the activity on the day concerned, or
24
before the time of the appointment; and
25
(ii) to the person or body specified in the employment
26
pathway plan as the person or body to whom prior
27
notice should be given if the person is unable to
28
undertake the activity or attend the appointment.
29
42AK Relationship between provisions of this Subdivision
30
Sections 42AF, 42AG and 42AH do not limit each other.
31
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Subdivision D--Effect of taking particular compliance action
1
42AL Payment suspension periods for mutual obligation failures
2
and work refusal failures
3
(1) If the Secretary determines under section 42AF or 42AG that a
4
participation payment is not payable to a person for a period, the
5
participation payment is not payable for the period (the payment
6
suspension period) worked out under this section.
7
(2) The payment suspension period begins at the start of:
8
(a) the instalment period in which the person commits the mutual
9
obligation failure or the work refusal failure (unless
10
paragraph (b) applies); or
11
(b) if the Secretary determines that a later instalment period is
12
more appropriate--that later instalment period.
13
(3) The payment suspension period ends immediately before:
14
(a) the day the person complies with the reconnection
15
requirement imposed under subsection 42AM(1) (unless
16
paragraph (b) of this subsection applies); or
17
(b) if the Secretary determines that an earlier day is more
18
appropriate--that earlier day.
19
(4) If the payment suspension period ends under subsection (3) for a
20
person, then, for the purposes of the social security law after the
21
end of that period:
22
(a) the participation payment is taken to be payable to the person
23
from the start of that period (subject to the social security
24
law); and
25
(b) the Secretary is taken to have made a determination to the
26
effect mentioned in paragraph (a).
27
Note:
The effect of this subsection is that the person may receive back pay
28
for the payment suspension period. However, the back pay may be
29
reduced (including to nil) if the instalment period for which an
30
instalment is to be reduced under section 42AN overlaps with the
31
payment suspension period.
32
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42AM Reconnection requirements for mutual obligation failures
1
and work refusal failures
2
(1) The Secretary must impose a requirement (the reconnection
3
requirement) on a person if the Secretary determines under
4
section 42AF or 42AG that a participation payment is not payable
5
to the person for a period.
6
(2) The Secretary must notify the person, in any way the Secretary
7
considers appropriate, of:
8
(a) the reconnection requirement; and
9
(b) the effect of not complying with the reconnection
10
requirement.
11
(3) The Secretary must determine that the person's participation
12
payment is cancelled if:
13
(a) the Secretary does not determine an earlier day for the
14
purposes of ending the person's payment suspension period
15
under paragraph 42AL(3)(b); and
16
(b) the person fails to comply with the reconnection requirement
17
within 4 weeks after it is notified under subsection (2) of this
18
section.
19
(4) If the Secretary makes a determination under subsection (3), the
20
participation payment is cancelled at the end of the 4 weeks
21
mentioned in paragraph (3)(b).
22
42AN Reducing instalments of participation payments for mutual
23
obligation failures
24
(1) This section applies if:
25
(a) a person commits a mutual obligation failure; and
26
(b) the Secretary makes a determination (the reduction
27
determination) under paragraph 42AF(2)(c) that an
28
instalment of a participation payment for an instalment
29
period (the reduction period) is to be reduced.
30
(2) The reduction period must be:
31
(a) the instalment period in which the person commits the mutual
32
obligation failure (unless paragraph (b) applies); or
33
(b) if the Secretary determines that a later instalment period is
34
more appropriate--that later instalment period.
35
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(3) The instalment payable to the person is reduced by an amount
1
included in the reduction determination that is equal to:
2
(a) half of the instalment that would otherwise have been
3
payable for the reduction period; or
4
(b) the whole of the instalment that would otherwise have been
5
payable for the reduction period.
6
Note:
Paragraph (b) may have the effect of reducing the amount of the
7
instalment to nil. However, the participation payment remains payable
8
(see subsection (6)).
9
(4) The Secretary must determine which of paragraph (3)(a) or (b)
10
applies in relation to the reduction in accordance with an
11
instrument made under subsection 42AR(1).
12
(5) The Secretary may make the reduction determination in accordance
13
with paragraph (3)(b) for the reduction period even if the Secretary
14
has already made a determination for the person in accordance with
15
paragraph (3)(a) for the same instalment period for a different
16
mutual obligation failure.
17
(6) The participation payment remains payable for the reduction period
18
even if the amount of an instalment is reduced to nil in accordance
19
with this section.
20
42AO Unemployment preclusion periods for unemployment failures
21
by persons claiming participation payments
22
(1) If the Secretary determines under subsection 42AH(2) that
23
participation payments are not payable to a person who has made a
24
claim for a participation payment, then participation payments are
25
not payable to the person for the period (the unemployment
26
preclusion period) of:
27
(a) 4 weeks beginning on the day the person becomes
28
unemployed as a result of the person's voluntary act or
29
misconduct (unless paragraph (b) applies); or
30
(b) 6 weeks beginning on that day, if, during the 6 months
31
ending on the day immediately before that day, relocation
32
assistance, for the employment to which the voluntary act or
33
misconduct related, has been paid to or for the benefit of the
34
person.
35
Note 1:
The unemployment preclusion period may affect the person's start day
36
for a claim (see clauses 5 and 5A of Schedule 2).
37
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Note 2:
For the purposes of this subsection, it is irrelevant which participation
1
payment the person claimed (see subsection 42AH(2)).
2
(2) For the purposes of this Act, relocation assistance for employment
3
means a payment:
4
(a) that is made by or on behalf of the Commonwealth to or for
5
the benefit of a person for the purpose of assisting the person
6
to take up the employment; and
7
(b) that is specified under subsection (3).
8
(3) The Secretary may, by legislative instrument, specify one or more
9
payments for the purposes of paragraph (2)(b).
10
42AP Cancelling participation payments
11
(1) This section applies if the Secretary determines under Subdivision
12
C that the participation payment of a person who has committed a
13
mutual obligation failure, a work refusal failure or an
14
unemployment failure is cancelled.
15
When payments are cancelled
16
(2) For a mutual obligation failure or a work refusal failure, the
17
participation payment is cancelled at the start of the following day
18
(the cancellation day):
19
(a) the first day of the instalment period in which the person
20
commits the failure (unless paragraph (b) applies);
21
(b) if the Secretary determines that a later instalment period is
22
more appropriate--the first day of that later instalment
23
period.
24
(3) For an unemployment failure committed by a person who was
25
receiving the participation payment when he or she became
26
unemployed, the participation payment is cancelled at the start of
27
the following day (the cancellation day):
28
(a) the day that the person becomes unemployed as a result of
29
the person's voluntary act or misconduct (unless
30
paragraph (b) applies);
31
(b) the first day of the first instalment period for the person that
32
begins after the day the Secretary makes the determination
33
under subsection 42AH(1), if the Secretary considers it more
34
appropriate.
35
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(4) For the purposes of paragraph (3)(b), the day the Secretary makes
1
the determination is the day the Secretary originally makes the
2
determination (even if another decision in relation to the
3
determination is later made on review).
4
Participation payments not payable for post-cancellation
5
non-payment period
6
(5) A participation payment (whether or not the same as the
7
participation payment that was cancelled) is not payable to the
8
person for the period (the post-cancellation non-payment period)
9
of:
10
(a) 4 weeks beginning on the cancellation day (unless
11
paragraph (b) applies); or
12
(b) 6 weeks beginning on the cancellation day, if:
13
(i) the cancellation is for an unemployment failure; and
14
(ii) during the 6 months ending on the day immediately
15
before the person becomes unemployed, relocation
16
assistance, for the employment to which the voluntary
17
act or misconduct related, has been paid to or for the
18
benefit of the person.
19
Note 1:
If the person makes a claim for a participation payment, the
20
post-cancellation non-payment period may affect the person's start
21
day for the claim (see clauses 5 and 5A of Schedule 2).
22
Note 2:
For relocation assistance, see subsection 42AO(2).
23
Participation payment taken to not be cancelled for certain
24
purposes during post-cancellation non-payment period
25
(6) Despite subsections (2) and (3), the participation payment is taken
26
to not be cancelled for the purposes of the following provisions
27
until the end of the post-cancellation non-payment period:
28
(a) a provision of the social security law, or the Family
29
Assistance Act, that refers to a post-cancellation
30
non-payment period or a compliance penalty period, other
31
than a provision that is determined by the Minister under
32
subsection 42AR(2) of this Act for the purposes of this
33
paragraph;
34
(b) section 106B of this Act (automatic cancellation of certain
35
concession cards);
36
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(c) a provision of the social security law that is determined by
1
the Minister under subsection 42AR(2) of this Act for the
2
purposes of this paragraph.
3
Subdivision E--Miscellaneous
4
42AQ Persons for whom participation payments not payable taken
5
to still be receiving payment for certain purposes
6
If, under this Division, a participation payment is not payable to a
7
person for a period, then, for the purposes of the following
8
provisions, the person is taken to be receiving that participation
9
payment for that period:
10
(a) Subdivision B (except if the participation payment is not
11
payable because of subsections 42AH(2) and 42AO(1)
12
(unemployment preclusion periods));
13
(b) sections 63 and 64;
14
(c) any other provision of the social security law, or the Family
15
Assistance Act, that is determined by the Minister under
16
subsection 42AR(2) of this Act for the purposes of this
17
paragraph.
18
42AR Minister to make determinations for purposes of this Division
19
(1) The Minister must, by legislative instrument, determine the
20
following:
21
(a) for the purposes of paragraph 42AF(2)(a)--circumstances in
22
which the Secretary must, or must not, be satisfied that a
23
person has persistently committed mutual obligation failures;
24
(b) for the purposes of subsection 42AF(2):
25
(i) circumstances in which the Secretary must make a
26
determination under paragraph 42AF(2)(c); and
27
(ii) circumstances in which the Secretary must make a
28
determination under paragraph 42AF(2)(d);
29
(c) for the purposes of subsection 42AN(4):
30
(i) circumstances in which paragraph 42AN(3)(a) applies
31
in relation to the reduction of an instalment for an
32
instalment period; and
33
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(ii) circumstances in which paragraph 42AN(3)(b) applies
1
in relation to the reduction of an instalment for an
2
instalment period.
3
(2) The Minister may also, by legislative instrument, determine
4
provisions of the social security law or the Family Assistance Act
5
for the purposes of paragraph 42AP(6)(a) or (c) or 42AQ(c) of this
6
Act.
7
42AS Relationship with section 80
8
Nothing in this Division affects the power of the Secretary to
9
cancel or suspend a participation payment under section 80.
10
Note:
However, the Secretary cannot suspend or cancel a participation
11
payment under that section on the basis that the participation payment
12
is not, or was not, payable because of the operation of this Division
13
(see paragraph 80(1)(b)).
14
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Part 2--Other amendments
1
Farm Household Support Act 2014
2
2 Paragraph 98(c)
3
Omit "Division 3A", substitute "Divisions 3AA and 3A".
4
Social Security Act 1991
5
3 Subsection 23(1) (before paragraph (a) of the definition of
6
compliance penalty period)
7
Insert:
8
(aa) for a person other than a declared program participant--any
9
of the following periods during which a participation
10
payment (within the meaning of the Administration Act) is
11
not payable to the person:
12
(i) a payment suspension period (within the meaning of
13
that Act);
14
(ii) an unemployment preclusion period (within the
15
meaning of that Act);
16
(iii) a post-cancellation non-payment period (within the
17
meaning of that Act); or
18
4 Subsection 23(1) (paragraph (a) of the definition of
19
compliance penalty period)
20
Before "a period", insert "for a declared program participant--".
21
5 Subsection 23(1) (paragraphs (b) and (c) of the definition of
22
compliance penalty period)
23
Before "a period", insert "in any case--".
24
6 Section 549G (note)
25
Before "3A", insert "3AA or".
26
7 Section 550E (note)
27
Before "3A", insert "3AA or".
28
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8 Paragraph 729(2)(bd)
1
Omit all the words after "payable", substitute:
2
because of the operation of any of the following provisions of
3
the Administration Act:
4
(i) subsection 42AL(1) (payment suspension periods--
5
persons other than declared program participants);
6
(ii) subsection 42AO(1) (unemployment preclusion
7
periods--persons other than declared program
8
participants);
9
(iii) subsection 42AP(5) (post-cancellation non-payment
10
periods--persons other than declared program
11
participants);
12
(iv) subsection 42P(1) (serious failures--declared program
13
participants);
14
(v) subsection 42S(1) (unemployment non-payment
15
periods--declared program participants); and
16
9 Subparagraphs 729(2)(d)(i) and (ii)
17
Repeal the subparagraphs, substitute:
18
(i) subsection 42AL(1) of the Administration Act (payment
19
suspension periods--persons other than declared
20
program participants);
21
(ii) subsection 42AO(1) of that Act (unemployment
22
preclusion periods--persons other than declared
23
program participants);
24
(iia) subsection 42AP(5) of that Act (post-cancellation
25
non-payment periods--persons other than declared
26
program participants);
27
(iib) subsection 42P(1) of that Act (serious failures--
28
declared program participants);
29
(iic) subsection 42S(1) of that Act (unemployment
30
non-payment periods--declared program participants);
31
10 Subparagraph 729(2)(dc)(iii)
32
Repeal the subparagraph, substitute:
33
(iii) subsection 42AL(1) of the Administration Act (payment
34
suspension periods--persons other than declared
35
program participants); or
36
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(iv) subsection 42AO(1) of that Act (unemployment
1
preclusion periods--persons other than declared
2
program participants); or
3
(v) subsection 42AP(5) of that Act (post-cancellation
4
non-payment periods--persons other than declared
5
program participants); or
6
(vi) subsection 42P(1) of that Act (serious failures--
7
declared program participants); or
8
(vii) subsection 42S(1) of that Act (unemployment
9
non-payment periods--declared program participants);
10
or
11
(viii) section 81 of that Act; and
12
11 Subparagraphs 1046(2)(b)(i) and (ii)
13
Omit "42P(1) or 42S(1) or section 81", substitute "42AL(1), 42AO(1),
14
42AP(5), 42P(1) or 42S(1), or section 81,".
15
12 Subparagraphs 1046(2B)(b)(i), (ii) and (iia)
16
Omit "42P(1) or 42S(1) or section 81", substitute "42AL(1), 42AO(1),
17
42AP(5), 42P(1) or 42S(1), or section 81,".
18
Social Security (Administration) Act 1999
19
13 Division 3A of Part 3 (heading)
20
Repeal the heading, substitute:
21
Division 3A--Compliance with participation payment
22
obligations: declared program participants
23
14 Subdivision A of Division 3A of Part 3
24
Repeal the Subdivision, substitute:
25
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Subdivision A--Introduction
1
42A Simplified outline of this Division
2
The Secretary may determine that a declared program participant
3
commits a no show no pay failure, a connection failure, a
4
reconnection failure or a serious failure.
5
A declared program participant commits such a failure by failing to
6
comply with his or her obligations in relation to a participation
7
payment. The participation payments are newstart allowance and,
8
for some people, youth allowance, parenting payment and special
9
benefit.
10
For a no show no pay failure, a penalty amount is deducted from
11
the participant's participation payment.
12
For a connection failure, a requirement may be imposed on the
13
participant (and if the participant fails to comply with the
14
requirement, the participant commits a reconnection failure).
15
For a reconnection failure, generally a penalty amount is deducted
16
from the participant's participation payment until the participant
17
complies with a requirement imposed on the participant.
18
For a serious failure, a participation payment is not payable to the
19
participant for 8 weeks. The 8 week period may be ended in certain
20
circumstances.
21
The Secretary may also determine that a declared program
22
participant is unemployed as a result of a voluntary act or
23
misconduct. If the Secretary does so, a participation payment is not
24
payable to the participant for either 8 or 12 weeks, depending on
25
the circumstances.
26
The Secretary may also determine that a participation payment is
27
not payable to a declared program participant for a period because
28
of certain failures. Once that period ends, the participant may be
29
able to receive back pay. For a failure to attend an appointment, a
30
penalty amount may be deducted from the participant's
31
participation payment.
32
Targeted compliance framework Schedule 15
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215
42B Application of this Division only to declared program
1
participants
2
This Division applies in relation to a person if the person is a
3
declared program participant.
4
15 Subsection 42S(3B)
5
Repeal the subsection.
6
16 Paragraph 64(1A)(c)
7
After "under", insert "section 42AF or".
8
17 Paragraph 80(1)(b)
9
After "payable", insert "(other than because of the operation of
10
Division 3AA)".
11
18 At the end of subsection 80(1)
12
Add:
13
Note:
Division 3AA is about compliance with participation payment
14
obligations for persons who are not declared program participants.
15
19 Subsection 80(3A)
16
Omit "person" (wherever occurring), substitute "declared program
17
participant".
18
20 Subparagraph 110A(1)(b)(i)
19
After "participation payment", insert "and the person receiving the
20
payment was a declared program participant".
21
21 Subparagraph 118(12C)(b)(i)
22
After "participation payment", insert "and the person is a declared
23
program participant".
24
22 Paragraph 123(1)(ba)
25
After "1991 Act", insert ", or subsection 42AM(4) or section 42AP of
26
this Act".
27
23 After paragraph 123(1)(ba)
28
Insert:
29
Schedule 15 Targeted compliance framework
Part 2 Other amendments
216
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
(bb) immediately before the start of a payment suspension period
1
for the person under section 42AL; or
2
24 Subsection 131(1)
3
Omit "Subject to subsection (2), if", substitute "If".
4
25 After paragraph 131(1)(a)
5
Insert:
6
(aa) the adverse decision is not made under Division 3AA of
7
Part 3 (compliance with participation payment obligations:
8
persons other than declared program participants); and
9
26 After paragraph 144(f)
10
Insert:
11
(faa) a decision under subsection 42AM(1) of this Act;
12
27 After paragraph 145(1)(a)
13
Insert:
14
(aa) the adverse decision is not made under Division 3AA of
15
Part 3 (compliance with participation payment obligations:
16
persons other than declared program participants); and
17
28 Paragraph 192(daa)
18
Before "3A", insert "3AA or".
19
29 Subclause 1(1) of Schedule 1
20
Insert:
21
mutual obligation failure has the meaning given by section 42AC.
22
payment suspension period has the meaning given by
23
subsection 42AL(1).
24
post-cancellation non-payment period has the meaning given by
25
subsection 42AP(5).
26
30 Subclause 1(1) of Schedule 1 (definition of reconnection
27
requirement)
28
Repeal the definition, substitute:
29
Targeted compliance framework Schedule 15
Other amendments Part 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
217
reconnection requirement:
1
(a) for a mutual obligation failure or a work refusal failure--has
2
the meaning given by subsection 42AM(1); and
3
(b) for a failure mentioned in section 42G--has the meaning
4
given by that section.
5
31 Subclause 1(1) of Schedule 1
6
Insert:
7
relocation assistance has the meaning given by
8
subsection 42AO(2).
9
unemployment failure has the meaning given by section 42AE.
10
unemployment preclusion period has the meaning given by
11
subsection 42AO(1).
12
work refusal failure has the meaning given by section 42AD.
13
32 Subclause 5(1B) of Schedule 2
14
Repeal the subclause, substitute:
15
(1B) Subclause (1) applies only in relation to a start day for a
16
participation payment to a person if the exclusion period to which
17
the person is subject is:
18
(a) for a person other than a declared program participant:
19
(i) a payment suspension period; or
20
(ii) an unemployment preclusion period; or
21
(iii) a post-cancellation non-payment period; or
22
(b) for a declared program participant:
23
(i) a serious failure period; or
24
(ii) an unemployment non-payment period.
25
33 Clause 5A of Schedule 2 (heading)
26
Repeal the heading, substitute:
27
Schedule 15 Targeted compliance framework
Part 2 Other amendments
218
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
5A Start day for parenting payment if one member of a couple fails
1
to comply with certain participation payment obligations
2
34 Clause 5A of Schedule 2
3
Before "If:", insert "(1)".
4
35 Paragraph 5A(c) of Schedule 2
5
Repeal the paragraph, substitute:
6
(c) any of the following apply:
7
(i) the Secretary determines under Subdivision C of
8
Division 3AA (compliance with participation payment
9
obligations: persons other than declared program
10
participants) that the other member's participation
11
payment is not payable for a period;
12
(ii) the Secretary determines under that Subdivision that the
13
other member's participation payment is cancelled;
14
(iii) the Secretary determines that the other member of the
15
couple, being a declared program participant, commits a
16
serious failure; or
17
(iv) the Secretary makes a determination under
18
subsection 42S(1) (unemployment as a result of a
19
voluntary act or misconduct obligation--declared
20
program participants) in relation to the other member of
21
the couple; and
22
36 Clause 5A of Schedule 2
23
Omit all the words after "parenting payment is", substitute "worked out
24
in accordance with subclause (2)".
25
37 At the end of clause 5A of Schedule 2
26
Add:
27
(2) For the purposes of subclause (1), the other member's start day is
28
the first day after the end of:
29
(a) if subparagraph (1)(c)(i) applies--the other member's
30
payment suspension period or unemployment preclusion
31
period; and
32
(b) if subparagraph (1)(c)(ii) applies--the other member's
33
post-cancellation non-payment period; and
34
Targeted compliance framework Schedule 15
Other amendments Part 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
219
(c) if subparagraph (1)(c)(iii) applies--the other member's
1
serious failure period; and
2
(d) if subparagraph (1)(c)(iv) applies--the other member's
3
unemployment non-payment period.
4
38 Paragraph 15(c) of Schedule 2
5
After "cancelled", insert "(other than under Division 3AA of Part 3)".
6
Schedule 15 Targeted compliance framework
Part 3 Application and transitional provisions
220
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Part 3--Application and transitional provisions
1
39 Application of Division 3AA of Part 3 of the Administration
2
Act
3
Division 3AA of Part 3 of the Administration Act applies in relation to
4
a mutual obligation failure, a work refusal failure, or an unemployment
5
failure, that is committed on or after the commencement of this item by
6
a person who is not a declared program participant.
7
40 Application of Division 3A of Part 3 of the Administration
8
Act
9
Continued application for declared program participants
10
(1)
The amendments made by this Schedule do not limit the continued
11
effect, on and after the commencement of this item, of anything done
12
before that commencement under the old compliance rules in relation to
13
a person who is a declared program participant.
14
Limited continued application for persons who are not declared
15
program participants
16
(2)
The old compliance rules cease to apply, at the commencement of this
17
item, in relation to a person who is not a declared program participant,
18
even if a determination had been made under those rules for the person
19
before that commencement.
20
(3)
Without limiting subitem (2), if:
21
(a) the Secretary made a determination under the old compliance
22
rules, before the commencement of this item, that results in a
23
participation payment not being payable for a period for a
24
person who is not a declared program participant; and
25
(b) the period has not ended as at that commencement;
26
then the period ends, by force of this subitem, immediately before that
27
commencement, despite anything else in the old compliance rules.
28
(4)
Despite subitem (2), if:
29
(a) the Secretary made a determination under the old compliance
30
rules before the commencement of this item; and
31
Targeted compliance framework Schedule 15
Application and transitional provisions Part 3
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
221
(b) the determination would, apart from subitem (2) and the
1
amendments made by this Schedule, have resulted in a
2
penalty amount being deducted from a person's instalment of
3
a participation payment for one or more instalment periods
4
ending after that commencement;
5
then the penalty amount must continue to be deducted after that
6
commencement in accordance with the old compliance rules.
7
(5)
If a penalty amount is deducted from an instalment in accordance with
8
subitem (4), and the effect of the deduction is that the instalment is
9
reduced to nil for an instalment period, the Secretary must not take
10
action under section 42AF or 42AG of the Administration Act for a
11
mutual obligation failure or a work refusal failure committed by the
12
person during the instalment period.
13
(6)
In this item:
14
old compliance rules means Division 3A of Part 3 of the
15
Administration Act, as in force immediately before the commencement
16
of this item.
17
41 Transitional provision
--instruments specifying payments
18
for definition of relocation assistance
19
An instrument made under paragraph 42S(3B)(b) of the Administration
20
Act that was in force immediately before the commencement of this
21
item continues in force (and may be dealt with) as if it had been made
22
under subsection 42AO(3) of that Act (as amended by this Schedule).
23
Schedule 16 Streamlining tax file number collection
Part 1 Main amendments
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Schedule 16--Streamlining tax file number
1
collection
2
Part 1--Main amendments
3
Social Security (Administration) Act 1999
4
1 Sections 75 to 77
5
Repeal the sections, substitute:
6
75 Requesting tax file numbers
7
Persons who may be requested to provide tax file numbers
8
(1) The Secretary may make a request under subsection (2), (3) or (4)
9
of a person (the request recipient) in Australia who:
10
(a) is making, or has made, a claim for a social security payment;
11
or
12
(b) is receiving a social security payment (other than utilities
13
allowance or energy supplement under Part 2.25B of the
14
1991 Act); or
15
(c) is making, or has made, a claim for a seniors health card; or
16
(d) is the holder of a seniors health card.
17
Requesting tax file number of request recipient
18
(2) The Secretary may request, but not compel, the request recipient:
19
(a) if the request recipient has a tax file number--to give the
20
Secretary a written statement of the request recipient's tax
21
file number; or
22
(b) if the request recipient does not have a tax file number:
23
(i) to apply to the Commissioner of Taxation for a tax file
24
number; and
25
(ii) to give the Secretary a written statement of the request
26
recipient's tax file number after the Commissioner of
27
Taxation has issued it.
28
Streamlining tax file number collection Schedule 16
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
223
Requesting tax file number of request recipient's partner
1
(3) The Secretary may request, but not compel, the request recipient to
2
give the Secretary a written statement of the tax file number of the
3
request recipient's partner if:
4
(a) the request recipient is a member of a couple; and
5
(b) the request recipient's partner is in Australia.
6
Requesting tax file number of other person whose income is
7
relevant to request recipient's rate of payment
8
(4) If:
9
(a) the request recipient is receiving a social security payment;
10
and
11
(b) the income of one or more other persons who are in Australia
12
is required to be taken into account for the purpose of
13
working out the rate of the request recipient's social security
14
payment;
15
the Secretary may request, but not compel, the request recipient to
16
give the Secretary a written statement of the tax file number of any
17
one or more of those other persons.
18
76 How request for tax file number is satisfied
19
Satisfying request for tax file number
20
(1) If the Secretary requests a person (the request recipient) under
21
section 75 to give the Secretary a written statement of the tax file
22
number of a person (the relevant person), the request recipient
23
satisfies the request by giving the Secretary, within the period
24
mentioned in subsection (2) of this section (if applicable):
25
(a) the written statement of the relevant person's tax file number;
26
or
27
(b) both of the following:
28
(i) a declaration that meets the requirements of
29
subsection (3) and contains the statement required by
30
subsection (4);
31
(ii) a document in which the relevant person authorises the
32
Commissioner of Taxation to tell the Secretary the
33
matters mentioned in subsection (5).
34
Schedule 16 Streamlining tax file number collection
Part 1 Main amendments
224
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Note:
The relevant person may be the request recipient or another person
1
whose tax file number has been requested under subsection 75(3) or
2
(4).
3
Period within which request must be satisfied
4
(2) Unless the request recipient was making a claim for a social
5
security payment or a seniors health card when the request under
6
section 75 was made, the material mentioned in paragraph (1)(a) or
7
(b) must be given within 28 days after the making of the request.
8
Requirements for declarations
9
(3) A declaration mentioned in paragraph (1)(b) must be:
10
(a) for a request under subsection 75(2)--a TFN declaration; or
11
(b) for a request under subsection 75(3) or (4)--in accordance
12
with a form approved by the Secretary.
13
(4) A declaration mentioned in paragraph (1)(b) must contain:
14
(a) a statement that the relevant person:
15
(i) has a tax file number but does not know what it is; and
16
(ii) has asked the Commissioner of Taxation to inform the
17
relevant person of his or her tax file number; or
18
(b) a statement that an application by the relevant person for a
19
tax file number is pending.
20
Requirements for authorisation documents
21
(5) For the purposes of subparagraph (1)(b)(ii), the matters are as
22
follows:
23
(a) in a case where the declaration contains a statement
24
mentioned in paragraph (4)(a):
25
(i) whether the relevant person has a tax file number; and
26
(ii) if the relevant person has a tax file number--that
27
number; and
28
(b) in a case where the declaration contains a statement
29
mentioned in paragraph (4)(b):
30
(i) if a tax file number is issued to the relevant person--
31
that number; or
32
(ii) if the application for a tax file number is refused or is
33
withdrawn--that fact.
34
Streamlining tax file number collection Schedule 16
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
225
77 Consequences of not giving tax file number
1
Consequences of not satisfying request for tax file number
2
(1) If the Secretary makes a request of a person under section 75, the
3
consequences set out in the following table apply unless the person
4
satisfies the request in accordance with section 76.
5
Note:
The Secretary may exempt a person from the operation of this
6
subsection (see subsection (4)).
7
8
Consequences of not satisfying request for tax file number
Item
If the request under section 75 was
given to ...
the consequence is ...
1
a person who was making a claim
for a social security payment
the social security payment is not
payable
2
a person who was making a claim
for a seniors health card
the Secretary must not determine the
claim
3
a person who had made a claim for,
or was receiving, a social security
payment
at the end of 28 days after the
Secretary made the request, the
social security payment ceases to be
payable to the person
4
a person who had made a claim for,
or was the holder of, a seniors health
card
at the end of 28 days after the
Secretary made the request, the
Secretary must determine that the
card is to be cancelled
Consequences of relevant person not having tax file number after
9
giving declaration
10
(2) The consequences set out in subsection (3) apply if:
11
(a) the Secretary makes a request under section 75 of a person
12
(the request recipient); and
13
(b) the request recipient satisfies the request by giving:
14
(i) a declaration mentioned in subparagraph 76(1)(b)(i) that
15
contains a statement as required by subsection 76(4);
16
and
17
(ii) a document in which the Commissioner of Taxation is
18
authorised to tell the Secretary certain matters
19
mentioned in subsection 76(5); and
20
Schedule 16 Streamlining tax file number collection
Part 1 Main amendments
226
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
(c) the Commissioner of Taxation tells the Secretary that the
1
relevant person mentioned in paragraph 76(4)(a) (if
2
applicable) does not have a tax file number or that any of the
3
following apply in relation to the relevant person mentioned
4
in paragraph 76(4)(b) (if applicable):
5
(i) the relevant person has not applied for a tax file number;
6
(ii) an application by the relevant person for a tax file
7
number has been refused;
8
(iii) the relevant person has withdrawn an application for a
9
tax file number.
10
Note 1:
The relevant person may be the request recipient or another person
11
whose tax file number has been requested under subsection 75(3) or
12
(4).
13
Note 2:
The Secretary may exempt a person from the operation of this
14
subsection and subsection (3) (see subsection (4)).
15
(3) The consequences are that:
16
(a) if the request recipient is receiving a social security
17
payment--the social security payment ceases to be payable
18
to the recipient; and
19
(b) if the request recipient is the holder of a seniors health card--
20
the Secretary must determine that the card is to be cancelled.
21
Exemptions
22
(4) The Secretary may exempt a person who has been given a request
23
under section 75 from the operation of either or both the following:
24
(a) subsection (1) of this section;
25
(b) subsections (2) and (3) of this section.
26
(5) Without limiting subsection (4), if the Secretary requests the
27
request recipient under section 75 to give a written statement of
28
another person's tax file number, the Secretary may exempt the
29
request recipient under subsection (4) if the Secretary is satisfied
30
that:
31
(a) the request recipient does not know the other person's tax file
32
number; and
33
(b) the request recipient cannot satisfy the request in accordance
34
with section 76.
35
Streamlining tax file number collection Schedule 16
Consequential amendments Part 2
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
227
Part 2--Consequential amendments
1
Social Security Act 1991
2
2 Subsection 1061ZG(2) (note)
3
Omit "subsections 76(1A) and 77(1A)", substitute "subsection 77(1)".
4
Social Security (Administration) Act 1999
5
3 Subsection 37(8) (note)
6
Omit "subsections 76(1A) and 77(1A)", substitute "subsection 77(1)".
7
4 Subsection 86(1) (note)
8
Omit "76(1B) and 77(1B)", substitute "77(1) and (3)".
9
5 Section 121 (definition of adverse determination)
10
Omit "76(1B) or 77(1B) or", substitute "77(1) or (3) determining that a
11
seniors health card is to be cancelled or under".
12
6 Paragraph 123(2)(a)
13
Omit "76(1B) or 77(1B)", substitute "77(1) or (3)".
14
Schedule 16 Streamlining tax file number collection
Part 3 Application of amendments
228
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
Part 3--Application of amendments
1
7 Application of amendments
2
The amendments made by this Schedule apply in relation to a request
3
that is made under section 75 of the Administration Act on or after the
4
commencement of this item.
5
Information management Schedule 17
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
229
Schedule 17--Information management
1
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 Paragraph 111(2)(d)
5
Omit "section 154, 155, 156, 157, 157A, 159A or", substitute
6
"Division 1 of Part 6 or section".
7
2 Subsection 120(1)
8
Omit "is satisfied that a person has information, or custody or control of
9
a document, that is relevant", substitute "reasonably believes that a
10
person will be able to give information, or produce a document or
11
records, relevant".
12
3 At the end of section 120
13
Add:
14
(3) Section 153A does not apply to the Secretary when complying with
15
a request under subsection (1).
16
4 Subsection 153(2)
17
Repeal the subsection.
18
5 After section 153
19
Insert:
20
153A Reasonable belief needed to require information, documents
21
or records
22
The Secretary can only require a person to:
23
(a) give information; or
24
(b) produce a document; or
25
(c) produce records;
26
under this Division if the Secretary reasonably believes that the
27
person will be able to give the information or produce the
28
document or records.
29
Schedule 17 Information management
230
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
6 Subsection 154(1)
1
Omit "that is in the person's custody or under the person's control".
2
7 Paragraphs 154(2)(b) and (3)(b)
3
Omit "that is in the person's custody or under the person's control".
4
8 Subsection 154(4)
5
Omit "that is in the person's custody or under the person's control".
6
9 At the end of section 154
7
Add:
8
(6) The Secretary may require a person to give information, or produce
9
a document or records, to a specified agency if the Secretary
10
considers that the information, document or records may be
11
relevant to an inquiry or investigation into a matter mentioned in
12
subsection (1), (2), (3) or (4).
13
10 Paragraph 155(b)
14
Omit "is in the person's custody or under the person's control and".
15
11 Section 156
16
Repeal the section, substitute:
17
156 Obtaining information about a person who owes a debt to the
18
Commonwealth
19
The Secretary may require a person to give information, or produce
20
a document, to a specified agency if the Secretary considers the
21
information or document:
22
(a) would help the specified agency locate another person (the
23
debtor) who owes a debt to the Commonwealth under or as a
24
result of this Act; or
25
(b) is relevant to the debtor's financial situation.
26
12 Before subparagraph 158(2)(b)(i)
27
Insert:
28
(ia) a description of the information, document or records to
29
which the requirement relates; and
30
Information management Schedule 17
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
231
13 At the end of subsection 158(2)
1
Add:
2
Note:
The notice may describe the information, documents or records by
3
class (see subsection 33(3AB) of the Acts Interpretation Act 1901).
4
14 Subsection 158(5)
5
Repeal the subsection, substitute:
6
(5) If the notice requires the person to appear before an officer, the
7
notice must specify:
8
(a) a time and place at which the person is to appear; and
9
(b) that the person may be accompanied by a lawyer.
10
15 Paragraph 159A(b)
11
Omit "that is in the person's custody or under the person's control".
12
16 After section 159A
13
Insert:
14
159B Self-incrimination
15
(1) A person is not excused from giving information, or producing a
16
document or records, under this Division on the ground that the
17
information, or production of the document or records, might tend
18
to incriminate the person or expose the person to a penalty.
19
(2) However, in the case of an individual:
20
(a) the information given or document or records produced; and
21
(b) giving the information or producing the document or records;
22
and
23
(c) any information, document or thing obtained as a direct or
24
indirect consequence of giving the information or producing
25
the document or records;
26
are not admissible in evidence against the individual in any
27
criminal proceedings, other than:
28
(d) proceedings for an offence against subsection 159(1); or
29
(e) proceedings for an offence against section 137.1 or 137.2 of
30
the Criminal Code that relates to this Division; or
31
Schedule 17 Information management
232
Social Services Legislation Amendment (Welfare Reform) Bill 2017
No. , 2017
(f) proceedings for an offence against Division 145 of the
1
Criminal Code; or
2
(g) proceedings for an offence against section 177 that relates:
3
(i) to this Division; and
4
(ii) to a contravention of section 172 or subsection 173(1),
5
174(1) or 176(3).
6
159C Use of information in investigations etc.
7
Subject to subsection 159B(2), nothing in this Division prevents
8
information given, or a document or records produced, under this
9
Division by a person from being used in:
10
(a) an inquiry or investigation into a matter; or
11
(b) criminal proceedings.
12
17 Section 160 (heading)
13
Repeal the heading, substitute:
14
160 Relationship with other laws
15
18 Section 160
16
Before "Nothing", insert "(1)".
17
19 At the end of section 160
18
Add:
19
(2) This Division does not require a person to give information or
20
produce a document or records to the extent that in doing so the
21
person would contravene a law of the Commonwealth (other than a
22
law of a Territory).
23
20 Application provisions
24
(1)
The amendments of section 120 of the A New Tax System (Family
25
Assistance) (Administration) Act 1999 made by this Schedule apply in
26
relation to requests made on or after the commencement of this item.
27
(2)
The amendments of Division 1 of Part 6 of the A New Tax System
28
(Family Assistance) (Administration) Act 1999 made by this Schedule
29
apply in relation to requirements made under that Division on or after
30
the commencement of this item.
31
Information management Schedule 17
No. , 2017
Social Services Legislation Amendment (Welfare Reform) Bill 2017
233
Paid Parental Leave Act 2010
1
21 Before section 117
2
Insert:
3
116A Reasonable belief needed to require information or documents
4
The Secretary can only require a person to:
5
(a) give information; or
6
(b) produce a document;
7
under this Subdivision if the Secretary reasonably believes that the
8
person will be able to give the information or produce the
9
document.
10
22 Subsections 117(1) and (2)
11
Omit "that is in the person's custody or under the person's control".
12
23 At the end of section 117
13
Add:
14
(3) The Secretary may require a person to give information, or produce
15
a document, to a specified agency if the Secretary considers that
16
the information or document may be relevant to an inquiry or
17
investigation into a matter mentioned in subsection (1) or (2).
18
24 Subparagraph 118(a)(ii)
19
Omit "is in the person's custody or under the person's control and".
20
25 Section 119
21
Repeal the section, substitute:
22
119 Obtaining information about a person who owes a debt to the
23
Commonwealth
24
The Secretary may require a person to give information, or produce
25
a document, to a specified agency if the Secretary considers the
26
information or document:
27
(a) would help the specified agency locate another person (the
28
debtor) who owes a debt to the Commonwealth under or
29
because of this Act; or
30
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(b) is relevant to the debtor's financial situation.
1
Note:
The agency specified must be a PPL agency (see subsection 120(4)).
2
26 Before subparagraph 120(2)(b)(i)
3
Insert:
4
(ia) a description of the information or document to which
5
the requirement relates; and
6
27 At the end of subsection 120(2)
7
Add:
8
Note:
The notice may describe the information or documents by class (see
9
subsection 33(3AB) of the Acts Interpretation Act 1901).
10
28 Subsection 120(3)
11
Repeal the subsection, substitute:
12
(3) For the purposes of subparagraph (2)(b)(ii), the period must not
13
end earlier than 14 days after the notice is given, unless the
14
Secretary is satisfied that it is reasonable in the circumstances, for
15
the purposes of the effective administration of this Act, to specify a
16
shorter period.
17
29 Subsection 120(6)
18
Repeal the subsection, substitute:
19
(6) If the notice requires the person to appear before an officer, the
20
notice must specify:
21
(a) a time and place at which the person is to appear; and
22
(b) that the person may be accompanied by a lawyer.
23
(7) For the purposes of subsection (6), the time must be at least 14
24
days after the notice is given, unless the Secretary is satisfied that it
25
is reasonable in the circumstances, for the purposes of the effective
26
administration of this Act, to specify an earlier time.
27
30 Section 121 (heading)
28
Repeal the heading, substitute:
29
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
235
121 Relationship with other laws
1
31 Section 121
2
Before "Nothing", insert "(1)".
3
32 At the end of section 121
4
Add:
5
(2) This Subdivision does not require a person to give information or
6
produce a document to the extent that in doing so the person would
7
contravene a law of the Commonwealth (other than a law of a
8
Territory).
9
33 At the end of Subdivision A of Division 2 of Part 4-1
10
Add:
11
122A Self-incrimination
12
(1) A person is not excused from giving information, or producing a
13
document, under this Subdivision on the ground that the
14
information, or production of the document, might tend to
15
incriminate the person or expose the person to a penalty.
16
(2) However, in the case of an individual:
17
(a) the information given or document produced; and
18
(b) giving the information or producing the document; and
19
(c) any information, document or thing obtained as a direct or
20
indirect consequence of giving the information or producing
21
the document;
22
are not admissible in evidence against the individual in any
23
criminal proceedings, other than:
24
(d) proceedings for an offence against subsection 122(1); or
25
(e) proceedings for an offence against section 137.1 or 137.2 of
26
the Criminal Code that relates to this Subdivision; or
27
(f) proceedings for an offence against Division 145 of the
28
Criminal Code.
29
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122B Use of information in investigations etc.
1
Subject to subsection 122A(2), nothing in this Subdivision
2
prevents information given, or a document produced, under this
3
Subdivision by a person from being used in:
4
(a) an inquiry or investigation into a matter; or
5
(b) criminal proceedings.
6
34 Paragraph 215(2)(c)
7
Omit "section 117, 118 or 119 (which deal", substitute "Subdivision A
8
of Division 2 of Part 4-1 (which deals".
9
35 Subsection 231(1)
10
Omit "is satisfied that a person has information, or custody or control of
11
a document", substitute "reasonably believes that a person will be able
12
to give information, or produce a document".
13
36 At the end of section 231
14
Add:
15
(3) Section 116A does not apply to the Secretary when complying with
16
a request under subsection (1).
17
37 Application provisions
18
(1)
The amendments of Subdivision A of Division 2 of Part 4-1 of the Paid
19
Parental Leave Act 2010 made by this Schedule apply in relation to
20
requirements made under that Subdivision on or after the
21
commencement of this item.
22
(2)
The amendments of section 231 of the Paid Parental Leave Act 2010
23
made by this Schedule apply in relation to requests made on or after the
24
commencement of this item.
25
Social Security (Administration) Act 1999
26
38 Paragraph 144(n)
27
Omit "section 192, 193, 194 or 195", substitute "Division 1 of Part 5".
28
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237
39 Subsection 166(1)
1
Omit "is satisfied that a person has information, or has custody or
2
control of a document", substitute "reasonably believes that a person
3
will be able to give information, or produce a document".
4
40 At the end of section 166
5
Add:
6
(3) Section 191A does not apply to the Secretary when complying with
7
a request under subsection (1).
8
41 Subsection 191(1)
9
Omit "(1)".
10
42 Subsection 191(2)
11
Repeal the subsection.
12
43 After section 191
13
Insert:
14
191A Reasonable belief needed to require information or documents
15
The Secretary can only require a person to:
16
(a) give information; or
17
(b) produce a document;
18
under this Division if the Secretary reasonably believes that the
19
person will be able to give the information or produce the
20
document.
21
44 Section 192
22
Omit "that is in the person's custody or under the person's control".
23
45 Paragraph 192(a)
24
Omit "the payment", substitute "a social security payment".
25
46 After paragraph 192(a)
26
Insert:
27
(aa) the question whether a person is or was qualified for a social
28
security payment for which a claim is not required;
29
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47 At the end of section 192
1
Add:
2
; (k) an inquiry or investigation into a matter mentioned in any of
3
the above paragraphs.
4
48 Subparagraph 193(a)(ii)
5
Omit "is in the person's custody or under the person's control and".
6
49 Section 194
7
Repeal the section, substitute:
8
194 Obtaining information about a person who owes a debt to the
9
Commonwealth
10
The Secretary may require a person to give information, or produce
11
a document, to the Department if the Secretary considers the
12
information or document:
13
(a) would help the Department locate another person (the debtor)
14
who owes a debt to the Commonwealth under or as a result
15
of the social security law; or
16
(b) is relevant to the debtor's financial situation.
17
50 Before subparagraph 196(2)(b)(i)
18
Insert:
19
(ia) a description of the information or document to which
20
the requirement relates; and
21
51 At the end of subsection 196(2)
22
Add:
23
Note:
The notice may describe the information or documents by class (see
24
subsection 33(3AB) of the Acts Interpretation Act 1901).
25
52 Subsection 196(3)
26
Repeal the subsection, substitute:
27
(3) For the purposes of subparagraph (2)(b)(ii), the period must not
28
end earlier than 14 days after the notice is given, unless the
29
Secretary is satisfied that it is reasonable in the circumstances, for
30
Information management Schedule 17
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
239
the purposes of the effective administration of the social security
1
law, to specify a shorter period.
2
53 Subsection 196(5)
3
Repeal the subsection, substitute:
4
(5) If the notice requires the person to appear before an officer, the
5
notice must specify:
6
(a) a time and place at which the person is to appear; and
7
(b) that the person may be accompanied by a lawyer.
8
(6) For the purposes of subsection (5), the time must be at least 14
9
days after the notice is given, unless the Secretary is satisfied that it
10
is reasonable in the circumstances, for the purposes of the effective
11
administration of the social security law, to specify an earlier time.
12
54 After section 197
13
Insert:
14
197A Self-incrimination
15
(1) A person is not excused from giving information, or producing a
16
document, under this Division on the ground that the information,
17
or production of the document, might tend to incriminate the
18
person or expose the person to a penalty.
19
(2) However, in the case of an individual:
20
(a) the information given or document produced; and
21
(b) giving the information or producing the document; and
22
(c) any information, document or thing obtained as a direct or
23
indirect consequence of giving the information or producing
24
the document;
25
are not admissible in evidence against the individual in any
26
criminal proceedings, other than:
27
(d) proceedings for an offence against subsection 197(1); or
28
(e) proceedings for an offence against section 137.1 or 137.2 of
29
the Criminal Code that relates to this Division; or
30
(f) proceedings for an offence against Division 145 of the
31
Criminal Code; or
32
(g) proceedings for an offence against section 217 that relates:
33
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(i) to this Division; and
1
(ii) to a contravention of subsection 212(1), 213(1), 214(1),
2
214(2) or 216(3).
3
197B Use of information in investigations etc.
4
Subject to subsection 197A(2), nothing in this Division prevents
5
information given, or a document produced, under this Division by
6
a person from being used in:
7
(a) an inquiry or investigation into a matter; or
8
(b) criminal proceedings.
9
55 Section 198 (heading)
10
Repeal the heading, substitute:
11
198 Relationship with other laws
12
56 Section 198
13
Before "Nothing", insert "(1)".
14
57 At the end of section 198
15
Add:
16
(2) This Division does not require a person to give information or
17
produce a document to the extent that in doing so the person would
18
contravene a law of the Commonwealth (other than a law of a
19
Territory).
20
58 Application provisions
21
(1)
The amendments of section 166 of the Social Security (Administration)
22
Act 1999 made by this Schedule apply in relation to requests made on or
23
after the commencement of this item.
24
(2)
The amendments of Division 1 of Part 5 of the Social Security
25
(Administration) Act 1999 made by this Schedule apply in relation to
26
requirements made under that Division on or after the commencement
27
of this item.
28
Information management Schedule 17
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
241
Student Assistance Act 1973
1
59 Paragraph 310(2)(b)
2
Omit "section 343 or 345", substitute "Division 2 of Part 10".
3
60 Subsection 342(1)
4
Omit "other than section 349".
5
61 Subsection 342(2)
6
Omit "sections 348 and 349", substitute "section 348".
7
62 Subsection 342(3)
8
Repeal the subsection.
9
63 After section 342
10
Insert:
11
342A Reasonable belief needed to require information or documents
12
The Secretary can only require a person to:
13
(a) give information; or
14
(b) produce a document;
15
under this Division if the Secretary reasonably believes that the
16
person will be able to give the information or produce the
17
document.
18
64 Subsection 343(1)
19
Omit "that is in the person's custody or under the person's control".
20
65 Paragraph 343(1)(a)
21
Omit "the benefit", substitute "a student assistance benefit under this
22
Act".
23
66 At the end of subsection 343(1) (before the note)
24
Add:
25
; or (f) an inquiry or investigation into a matter mentioned in any of
26
the above paragraphs.
27
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
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67 Subsection 343(1) (note)
1
Repeal the note.
2
68 Subparagraph 344(1)(a)(ii)
3
Omit "is in the person's custody or under the person's control and".
4
69 Subsection 344(1) (note)
5
Repeal the note.
6
70 Section 345
7
Repeal the section, substitute:
8
345 Power to obtain information about a person who owes a debt to
9
the Commonwealth
10
The Secretary may require a person to give information, or produce
11
a document, to the Department if the Secretary considers the
12
information or document:
13
(a) would help the Department locate another person (the debtor)
14
who owes a debt to the Commonwealth under this Act in
15
relation to a student assistance benefit; or
16
(b) is relevant to the debtor's financial situation.
17
71 Subsection 347(2)
18
Repeal the subsection, substitute:
19
Contents of notice
20
(2) The notice must specify:
21
(a) a description of the information or document to which the
22
requirement relates; and
23
(b) how the person is to give the information or produce the
24
document to which the requirement relates; and
25
(c) the period within which the person is to give the information
26
or produce the document; and
27
(d) the officer (if any) to whom the information is to be given or
28
the document is to be produced; and
29
(e) that the notice is given under this section.
30
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243
Note:
The notice may describe the information or documents by class (see
1
subsection 33(3AB) of the Acts Interpretation Act 1901).
2
72 Subsection 347(4)
3
Repeal the subsection, substitute:
4
Time limit for providing information or document
5
(4) For the purposes of paragraph (2)(c), the period must not end
6
earlier than 14 days after the notice is given, unless the Secretary is
7
satisfied that it is reasonable in the circumstances, for the purposes
8
of the effective administration of this Act, to specify a shorter
9
period.
10
73 Subsection 347(6)
11
Repeal the subsection, substitute:
12
Time and place for appearance
13
(6) If the notice requires the person to appear before an officer, the
14
notice must specify:
15
(a) a time and place at which the person is to appear; and
16
(b) that the person may be accompanied by a lawyer.
17
(7) For the purposes of subsection (6), the time must be at least 14
18
days after the notice is given, unless the Secretary is satisfied that it
19
is reasonable in the circumstances, for the purposes of the effective
20
administration of this Act, to specify an earlier time.
21
74 After section 347
22
Insert:
23
347A Self-incrimination
24
(1) A person is not excused from giving information, or producing a
25
document, under this Division on the ground that the information,
26
or production of the document, might tend to incriminate the
27
person or expose the person to a penalty.
28
(2) However, in the case of an individual:
29
(a) the information given or document produced; and
30
(b) giving the information or producing the document; and
31
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(c) any information, document or thing obtained as a direct or
1
indirect consequence of giving the information or producing
2
the document;
3
are not admissible in evidence against the individual in any
4
criminal proceedings, other than:
5
(d) proceedings for an offence against subsection 347(10); or
6
(e) proceedings for an offence against section 137.1 or 137.2 of
7
the Criminal Code that relates to this Division; or
8
(f) proceedings for an offence against Division 145 of the
9
Criminal Code.
10
347B Use of information in investigations etc.
11
Subject to subsection 347A(2), nothing in this Division prevents
12
information given, or a document produced, under this Division by
13
a person from being used in:
14
(a) an inquiry or investigation into a matter; or
15
(b) criminal proceedings.
16
75 Section 348 (heading)
17
Repeal the heading, substitute:
18
348 Relationship with other laws
19
76 Section 348
20
Before "Nothing", insert "(1)".
21
77 At the end of section 348
22
Add:
23
(2) This Division does not require a person to give information or
24
produce a document to the extent that in doing so the person would
25
contravene a law of the Commonwealth (other than a law of a
26
Territory).
27
78 Application provision
28
The amendments of Division 2 of Part 10 of the Student Assistance Act
29
1973 made by this Schedule apply in relation to requirements made
30
under that Division on or after the commencement of this item.
31
Aligning social security and disability discrimination law Schedule 18
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Social Services Legislation Amendment (Welfare Reform) Bill 2017
245
Schedule 18--Aligning social security and
1
disability discrimination law
2
3
Disability Discrimination Act 1992
4
1 Paragraph 51(1)(d)
5
Repeal the paragraph, substitute:
6
(d) the Social Security Act 1991 or a legislative instrument made
7
under that Act; or
8
(da) the Social Security (Administration) Act 1999 or a legislative
9
instrument made under that Act; or
10
(db) the Social Security (International Agreements) Act 1999; or
11