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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Encouraging Self-sufficiency for Newly
Arrived Migrants) Bill 2018
No. , 2018
(Social Services)
A Bill for an Act to amend the law relating to social
security, farm household support, family assistance
and paid parental leave, and for related purposes
No. , 2018
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Social security amendments
3
Part 1--Extending existing newly arrived resident's waiting
periods
3
Social Security Act 1991
3
Part 2--New newly arrived resident's waiting periods
6
Social Security Act 1991
6
Part 3--Other amendments
13
Social Security Act 1991
13
Schedule 2--Farm household support amendments
14
Farm Household Support Act 2014
14
Schedule 3--Family assistance amendments
15
A New Tax System (Family Assistance) Act 1999
15
Social Security Act 1991
18
Schedule 4--Paid parental leave amendments
19
Paid Parental Leave Act 2010
19
No. , 2018
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
1
A Bill for an Act to amend the law relating to social
1
security, farm household support, family assistance
2
and paid parental leave, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Social Services Legislation Amendment
6
(Encouraging Self-sufficiency for Newly Arrived Migrants) Act
7
2018.
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 (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
No. , 2018
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. The whole of
this Act
As follows:
(a) if this Act receives the Royal Assent
before 1 July 2018--1 July 2018;
(b) if this Act receives the Royal Assent on
or after 1 July 2018--the first 1 January
or 1 July to occur after the day this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Social security amendments Schedule 1
Extending existing newly arrived resident's waiting periods Part 1
No. , 2018
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
3
Schedule 1--Social security amendments
1
Part 1--Extending existing newly arrived resident's
2
waiting periods
3
Social Security Act 1991
4
1 Paragraph 201AA(1)(b)
5
Omit "104", substitute "156".
6
2 Paragraph 201AB(b)
7
Omit "104", substitute "156".
8
3 Paragraph 549D(1)(b)
9
Omit "104", substitute "156".
10
4 Paragraph 549E(b)
11
Omit "104", substitute "156".
12
5 Paragraph 575D(1)(b)
13
Omit "104", substitute "156".
14
6 Paragraph 575E(b)
15
Omit "104", substitute "156".
16
7 Paragraph 623A(1)(b)
17
Omit "104", substitute "156".
18
8 Subsection 623B(3)
19
Omit "104", substitute "156".
20
9 Paragraph 696B(1)(b)
21
Omit "104", substitute "156".
22
10 Subsection 696C(3)
23
Omit "104", substitute "156".
24
Schedule 1 Social security amendments
Part 1 Extending existing newly arrived resident's waiting periods
4
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
No. , 2018
11 Paragraphs 739A(3)(d) and (4)(d)
1
Omit "104", substitute "156".
2
12 Subsection 739A(5)
3
Omit "104", substitute "156".
4
13 Paragraph 1039AA(1)(b)
5
Omit "104", substitute "156".
6
14 Paragraph 1039AB(b)
7
Omit "104", substitute "156".
8
15 Paragraph 1061PU(1)(b)
9
Omit "104", substitute "156".
10
16 Paragraph 1061PV(b)
11
Omit "104", substitute "156".
12
17 Paragraph 1061ZH(1)(b)
13
Omit "104", substitute "156".
14
18 Paragraph 1061ZI(b)
15
Omit "104", substitute "156".
16
19 Paragraph 1061ZQ(2)(c)
17
Omit "104", substitute "156".
18
20 Paragraphs 1061ZR(1)(b) and (2)(d)
19
Omit "104", substitute "156".
20
21 Application provisions
21
(1)
The amendments of sections 201AA, 201AB, 549D, 549E, 575D, 575E,
22
623A, 623B, 696B, 696C, 1039AA, 1039AB, 1061PU and 1061PV of
23
the Social Security Act 1991 made by this Part apply in relation to a
24
person who becomes the holder of a permanent visa on or after the
25
commencement of this item.
26
Social security amendments Schedule 1
Extending existing newly arrived resident's waiting periods Part 1
No. , 2018
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
5
(2)
The amendment of paragraph 739A(3)(d) of the Social Security Act
1
1991 made by this Part applies in relation to a person who applies for a
2
visa covered by paragraph 739A(3)(b) of that Act on or after the
3
commencement of this item.
4
(3)
The amendment of paragraph 739A(4)(d) of the Social Security Act
5
1991 made by this Part applies in relation to a person who becomes the
6
holder of a visa covered by paragraph 739A(4)(b) of that Act on or after
7
the commencement of this item.
8
(4)
The amendment of subsection 739A(5) of the Social Security Act 1991
9
made by this Part applies in relation to a person who becomes the
10
holder of a permanent visa on or after the commencement of this item.
11
(5)
The amendments of sections 1061ZH, 1061ZI, 1061ZQ and 1061ZR of
12
the Social Security Act 1991 made by this Part apply in relation to the
13
following:
14
(a) a person who becomes the holder of a permanent visa on or
15
after the commencement of this item;
16
(b) a person who becomes the holder of a special category visa
17
on or after the commencement of this item.
18
(6)
The amendments made by this Part do not apply in relation to a special
19
category visa holder who is a protected SCV holder.
20
Schedule 1 Social security amendments
Part 2 New newly arrived resident's waiting periods
6
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
No. , 2018
Part 2--New newly arrived resident's waiting periods
1
Social Security Act 1991
2
22 Subsection 7(6AA)
3
After "carer payment," (wherever occurring), insert "carer allowance,".
4
23 Subsection 23(1) (after paragraph (a) of the definition of
5
newly arrived resident's waiting period)
6
Insert:
7
(b) a bereavement allowance newly arrived resident's waiting
8
period under sections 322 and 323; or
9
(ba) a widow allowance newly arrived resident's waiting period
10
under sections 408CGA and 408CGB; or
11
(bb) a parenting payment newly arrived resident's waiting period
12
under sections 500X and 500Y; or
13
24 Subsection 23(1) (after paragraph (h) of the definition of
14
newly
arrived resident's waiting period)
15
Insert:
16
(i) a carer allowance newly arrived resident's waiting period
17
under sections 966 and 967; or
18
25 Subsection 23(1) (after paragraph (aa) of the definition of
19
waiting period)
20
Insert:
21
(ab) a bereavement allowance newly arrived resident's waiting
22
period under sections 322 and 323; or
23
(aba) a widow allowance newly arrived resident's waiting period
24
under sections 408CGA and 408CGB; or
25
26 Subsection 23(1) (after paragraph (ac) of the definition of
26
waiting period)
27
Insert:
28
(aca) a parenting payment newly arrived resident's waiting period
29
under sections 500X and 500Y; or
30
Social security amendments Schedule 1
New newly arrived resident's waiting periods Part 2
No. , 2018
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
7
27 Subsection 23(1) (after paragraph (kb) of the definition of
1
waiting period)
2
Insert:
3
(l) a carer allowance newly arrived resident's waiting period
4
under sections 966 and 967; or
5
28 At the end of Subdivision B of Division 1 of Part 2.7
6
Add:
7
322 Newly arrived resident's waiting period
8
(1) Subject to this section, a person who:
9
(a) has entered Australia; and
10
(b) has not been an Australian resident and in Australia for a
11
period of, or periods totalling, 156 weeks;
12
is subject to a newly arrived resident's waiting period.
13
Note:
For Australian resident see subsection 7(2).
14
(2) Subsection (1) does not apply to a person who has a qualifying
15
residence exemption for a bereavement allowance.
16
Note:
For qualifying residence exemption in relation to a bereavement
17
allowance see subsection 7(6).
18
(3) Subsection (1) does not apply to a person if:
19
(a) the person is a refugee, or a former refugee, at the time the
20
person made the claim for a bereavement allowance; or
21
(b) the following apply:
22
(i) before the person made the claim for a bereavement
23
allowance, the person was a family member of another
24
person at the time the other person became a refugee;
25
(ii) the person is a family member of that other person at the
26
time the person made the claim for a bereavement
27
allowance or, if that other person has died, the person
28
was a family member of that other person immediately
29
before that other person died; or
30
(c) the person is an Australian citizen at the time the person
31
made the claim for a bereavement allowance.
32
(4) For the purposes of subsection (3):
33
Schedule 1 Social security amendments
Part 2 New newly arrived resident's waiting periods
8
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
No. , 2018
(a) family member has the meaning given by subsection 7(6D);
1
and
2
(b) former refugee has the meaning given by subsection 7(1);
3
and
4
(c) refugee has the meaning given by subsection 7(6B).
5
323 Duration of newly arrived resident's waiting period
6
(1) If a person is subject to a newly arrived resident's waiting period,
7
the period starts on the day the person first became an Australian
8
resident.
9
(2) The newly arrived resident's waiting period ends when the person
10
has been an Australian resident and in Australia for a period of, or
11
periods totalling, 156 weeks.
12
29 After section 408CG
13
Insert:
14
408CGA Newly arrived resident's waiting period
15
(1) Subject to this section, a person who:
16
(a) has entered Australia; and
17
(b) has not been an Australian resident and in Australia for a
18
period of, or periods totalling, 156 weeks;
19
is subject to a newly arrived resident's waiting period.
20
Note:
For Australian resident see subsection 7(2).
21
(2) Subsection (1) does not apply to a person who has a qualifying
22
residence exemption for widow allowance.
23
Note:
For qualifying residence exemption in relation to widow allowance
24
see subsections 7(6) and (6AA).
25
(3) Subsection (1) does not apply to a person if:
26
(a) the person is a refugee, or a former refugee, at the time the
27
person made the claim for widow allowance; or
28
(b) the following apply:
29
(i) before the person made the claim for widow allowance,
30
the person was a family member of another person at
31
the time the other person became a refugee;
32
Social security amendments Schedule 1
New newly arrived resident's waiting periods Part 2
No. , 2018
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
9
(ii) the person is a family member of that other person at the
1
time the person made the claim for widow allowance or,
2
if that other person has died, the person was a family
3
member of that other person immediately before that
4
other person died; or
5
(c) the person is an Australian citizen at the time the person
6
made the claim for widow allowance.
7
(4) For the purposes of subsection (3):
8
(a) family member has the meaning given by subsection 7(6D);
9
and
10
(b) former refugee has the meaning given by subsection 7(1);
11
and
12
(c) refugee has the meaning given by subsection 7(6B).
13
408CGB Duration of newly arrived resident's waiting period
14
(1) If a person is subject to a newly arrived resident's waiting period,
15
the period starts on the day the person first became an Australian
16
resident.
17
(2) The newly arrived resident's waiting period ends when the person
18
has been an Australian resident and in Australia for a period of, or
19
periods totalling, 156 weeks.
20
30 After section 500WB
21
Insert:
22
500X Newly arrived resident's waiting period
23
(1) Subject to this section, a person who:
24
(a) has entered Australia; and
25
(b) has not been an Australian resident and in Australia for a
26
period of, or periods totalling, 156 weeks;
27
is subject to a newly arrived resident's waiting period.
28
Note:
For Australian resident see subsection 7(2).
29
(2) Subsection (1) does not apply to a person who has a qualifying
30
residence exemption for parenting payment.
31
Schedule 1 Social security amendments
Part 2 New newly arrived resident's waiting periods
10
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
No. , 2018
Note:
For qualifying residence exemption in relation to parenting payment
1
see subsection 7(6) and paragraph 7(6AA)(f).
2
(3) Subsection (1) does not apply to a person if the person:
3
(a) is the principal carer of one or more children; and
4
(b) is not a member of a couple; and
5
(c) was not a lone parent at the start of the person's current
6
period as an Australian resident.
7
Note 1:
For principal carer see subsections 5(15) to (24).
8
Note 2:
For lone parent and current period as an Australian resident see
9
subsection 23(1).
10
(4) Subsection (1) does not apply to a person if:
11
(a) the person is a refugee, or a former refugee, at the time the
12
person made the claim for parenting payment; or
13
(b) the following apply:
14
(i) before the person made the claim for parenting payment,
15
the person was a family member of another person at
16
the time the other person became a refugee;
17
(ii) the person is a family member of that other person at the
18
time the person made the claim for parenting payment
19
or, if that other person has died, the person was a family
20
member of that other person immediately before that
21
other person died; or
22
(c) the person is an Australian citizen at the time the person
23
made the claim for parenting payment.
24
(5) For the purposes of subsection (4):
25
(a) family member has the meaning given by subsection 7(6D);
26
and
27
(b) former refugee has the meaning given by subsection 7(1);
28
and
29
(c) refugee has the meaning given by subsection 7(6B).
30
500Y Duration of newly arrived resident's waiting period
31
(1) If a person is subject to a newly arrived resident's waiting period,
32
the period starts on the day the person first became an Australian
33
resident.
34
Social security amendments Schedule 1
New newly arrived resident's waiting periods Part 2
No. , 2018
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
11
(2) The newly arrived resident's waiting period ends when the person
1
has been an Australian resident and in Australia for a period of, or
2
periods totalling, 156 weeks.
3
31 At the end of Subdivision B of Division 2 of Part 2.19
4
Add:
5
966 Newly arrived resident's waiting period
6
(1) A person is subject to a newly arrived resident's waiting period if
7
the person:
8
(a) has entered Australia; and
9
(b) has not been an Australian resident and in Australia for a
10
period of, or periods totalling, 156 weeks.
11
Note:
For Australian resident see subsection 7(2).
12
(2) Subsection (1) does not apply to a person who has a qualifying
13
residence exemption for carer allowance.
14
Note:
For qualifying residence exemption in relation to carer allowance see
15
paragraph 7(6AA)(f).
16
(3) Subsection (1) does not apply to a person if, at the time the person
17
made the claim for carer allowance, the person holds a visa that is
18
in a class of visas determined by the Minister for the purposes of
19
subsection 201AA(5).
20
(4) Subsection (1) does not apply to a person if:
21
(a) the person is receiving a social security pension or a social
22
security benefit; or
23
(b) the person is receiving farm household allowance under the
24
Farm Household Support Act 2014; or
25
(c) parental leave pay, or dad and partner pay, under the Paid
26
Parental Leave Act 2010 is payable to the person.
27
(5) Subsection (1) does not apply to a person if:
28
(a) the person is a refugee, or a former refugee, at the time the
29
person made the claim for carer allowance; or
30
(b) the following apply:
31
Schedule 1 Social security amendments
Part 2 New newly arrived resident's waiting periods
12
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
No. , 2018
(i) before the person made the claim for carer allowance,
1
the person was a family member of another person at
2
the time the other person became a refugee;
3
(ii) the person is a family member of that other person at the
4
time the person made the claim for carer allowance or, if
5
that other person has died, the person was a family
6
member of that other person immediately before that
7
other person died; or
8
(c) the person is an Australian citizen at the time the person
9
made the claim for carer allowance.
10
(6) For the purposes of subsection (5):
11
(a) family member has the meaning given by subsection 7(6D);
12
and
13
(b) former refugee has the meaning given by subsection 7(1);
14
and
15
(c) refugee has the meaning given by subsection 7(6B).
16
967 Duration of newly arrived resident's waiting period
17
(1) If a person is subject to a newly arrived resident's waiting period,
18
the period starts on the day the person first became an Australian
19
resident.
20
(2) The newly arrived resident's waiting period ends when the person
21
has been an Australian resident and in Australia for a period of, or
22
periods totalling, 156 weeks.
23
32 Application provision
24
(1)
Sections 322, 323, 408CGA, 408CGB, 500X, 500Y, 966 and 967 of the
25
Social Security Act 1991, as added or inserted by this Part, apply in
26
relation to a person who becomes the holder of a permanent visa on or
27
after the commencement of this item.
28
(2)
Those sections do not apply in relation to a special category visa holder
29
who is a protected SCV holder.
30
Social security amendments Schedule 1
Other amendments Part 3
No. , 2018
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
13
Part 3--Other amendments
1
Social Security Act 1991
2
33 Subsection 739A(7)
3
Repeal the subsection, substitute:
4
(7) Neither subsection (1) nor (2) applies to a person if the person, in
5
the Secretary's opinion, is suffering a substantial change in
6
circumstances beyond the person's control that occurred after:
7
(a) if the person holds a visa covered by paragraph (3)(b) or
8
(4)(b):
9
(i) if the person applied for the visa while the person was
10
outside Australia--the start of the day the person first
11
entered Australia after having applied for the visa; or
12
(ii) if the person applied for the visa while the person was in
13
Australia--the start of the day the person applied for the
14
visa; or
15
(b) if the person holds a permanent visa--the start of the later of
16
the following days:
17
(i) the day the person first entered Australia;
18
(ii) the day the person became the holder of that visa.
19
34 Application provision
20
The amendment made by this Part applies in relation to claims for a
21
special benefit made on or after the commencement of this item.
22
Schedule 2 Farm household support amendments
14
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
No. , 2018
Schedule 2--Farm household support
1
amendments
2
3
Farm Household Support Act 2014
4
1 Subsection 42(1)
5
Omit "104", substitute "156".
6
2 Paragraph 43(b)
7
Omit "104", substitute "156".
8
3 Application provision
9
(1)
The amendments made by this Schedule apply in relation to a person
10
who becomes the holder of a permanent visa on or after the
11
commencement of this item.
12
(2)
Those amendments do not apply in relation to a special category visa
13
holder who is a protected SCV holder.
14
Family assistance amendments Schedule 3
No. , 2018
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
15
Schedule 3--Family assistance amendments
1
2
A New Tax System (Family Assistance) Act 1999
3
1 Subsection 3(1)
4
Insert:
5
permanent visa has the same meaning as in the Migration Act
6
1958.
7
2 At the end of Subdivision A of Division 1 of Part 3
8
Add:
9
30 No eligibility for family tax benefit--newly arrived resident's
10
waiting period
11
(1) An individual is not eligible for family tax benefit in respect of a
12
day in a newly arrived resident's waiting period for the individual.
13
When individual subject to newly arrived resident's waiting period
14
(2) Subject to this section, an individual is subject to a newly arrived
15
resident's waiting period if, on or after the commencement of this
16
subsection, the individual:
17
(a) becomes the holder of a visa determined by the Minister for
18
the purposes of subparagraph 729(2)(f)(v) of the Social
19
Security Act 1991; or
20
(b) becomes the holder of a permanent visa.
21
Length of waiting period
22
(3) If:
23
(a) an individual is subject to a newly arrived resident's waiting
24
period; and
25
(b) the visa referred to in paragraph (2)(a) or (b) is in a class of
26
visas determined by the Minister for the purposes of
27
paragraph 739A(3)(b) of the Social Security Act 1991; and
28
(c) subsection (4) does not apply;
29
Schedule 3 Family assistance amendments
16
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
No. , 2018
the waiting period:
1
(d) starts on the day on which the individual applied for that visa;
2
and
3
(e) ends when the individual has been in Australia for a period
4
of, or periods totalling, 156 weeks after that day.
5
(4) If:
6
(a) an individual is subject to a newly arrived resident's waiting
7
period; and
8
(b) the individual has previously held one or more visas in a
9
class of visas determined by the Minister for the purposes of
10
paragraph 739A(4)(b) of the Social Security Act 1991;
11
the waiting period:
12
(c) starts on the day on which the individual applied for the last
13
of those visas; and
14
(d) ends when the individual has been in Australia for a period
15
of, or periods totalling, 156 weeks after that day.
16
(5) If:
17
(a) an individual is subject to a newly arrived resident's waiting
18
period; and
19
(b) neither subsection (3) nor (4) applies to the individual;
20
the waiting period starts on the day on which the individual:
21
(c) first entered Australia; or
22
(d) becomes the holder of a permanent visa;
23
whichever occurs last, and ends when the individual has been in
24
Australia for a period of, or periods totalling, 156 weeks after that
25
day.
26
Exemptions
27
(6) Subsection (2) does not apply to an individual if the individual
28
holds, or was the former holder of, a visa in a class of visas
29
determined by the Minister for the purposes of subsection 739A(6)
30
of the Social Security Act 1991.
31
(7) Subsection (2) does not apply to an individual if:
32
(a) the individual is receiving a social security pension or a
33
social security benefit; or
34
Family assistance amendments Schedule 3
No. , 2018
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
17
(b) the individual is receiving farm household allowance under
1
the Farm Household Support Act 2014; or
2
(c) parental leave pay, or dad and partner pay, under the Paid
3
Parental Leave Act 2010 is payable to the individual.
4
(8) Subsection (2) does not apply to an individual if:
5
(a) the individual is a refugee, or a former refugee, at the time
6
the individual made the claim for family tax benefit; or
7
(b) the following apply:
8
(i) before the individual made the claim for family tax
9
benefit, the individual was a family member of another
10
individual at the time the other individual became a
11
refugee;
12
(ii) the individual is a family member of that other
13
individual at the time the individual made the claim for
14
family tax benefit or, if that other individual has died,
15
the individual was a family member of that other
16
individual immediately before that other individual
17
died; or
18
(c) the individual is an Australian citizen at the time the
19
individual made the claim for family tax benefit; or
20
(d) the individual is residing in Australia at the time the
21
individual made the claim for family tax benefit and has held
22
a special category visa at any time before that time.
23
(9) For the purposes of subsection (8):
24
(a) family member has the meaning given by subsection 7(6D)
25
of the Social Security Act 1991; and
26
(b) former refugee has the meaning given by subsection 7(1) of
27
the Social Security Act 1991; and
28
(c) refugee has the meaning given by subsection 7(6B) of the
29
Social Security Act 1991.
30
3 After subsection 36(1)
31
Insert:
32
(1A) In working out whether an individual is eligible for a stillborn baby
33
payment in respect of a child, disregard section 30.
34
Schedule 3 Family assistance amendments
18
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
No. , 2018
4 Application provision
1
The amendment of section 36 of the A New Tax System (Family
2
Assistance) Act 1999 made by this Schedule applies in relation to
3
working out whether an individual is eligible for a stillborn baby
4
payment in respect of a child in relation to days on or after the
5
commencement of this item.
6
Social Security Act 1991
7
5 After subsection 999(1)
8
Insert:
9
(1A) In working out whether a person is qualified for a double orphan
10
pension for a young person, disregard section 30 of the Family
11
Assistance Act.
12
6 After paragraph 1061ZQ(2)(a)
13
Insert:
14
(b) has an FTB child; or
15
7 Application provisions
16
(1)
The amendment of section 999 of the Social Security Act 1991 made by
17
this Schedule applies in relation to working out whether a person is
18
qualified for a double orphan pension for a young person in relation to
19
days on or after the commencement of this item.
20
(2)
The amendment of section 1061ZQ of the Social Security Act 1991
21
made by this Schedule applies in relation to working out whether a
22
person is qualified for a health care card on a day on or after the
23
commencement of this item.
24
Paid parental leave amendments Schedule 4
No. , 2018
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
19
Schedule 4--Paid parental leave amendments
1
2
Paid Parental Leave Act 2010
3
1 Section 6
4
Insert:
5
permanent visa has the same meaning as in the Migration Act
6
1958.
7
2 At the end of section 31
8
Add:
9
Not eligible--newly arrived resident's waiting period
10
(6) Despite subsections (2), (3) and (4), a person is not eligible for
11
parental leave pay for a child on a day in a newly arrived resident's
12
waiting period for the person (see section 31A).
13
3 At the end of Division 2 of Part 2-3
14
Add:
15
31A Newly arrived resident's waiting period
16
When person subject to newly arrived resident's waiting period
17
(1) Subject to this section, a person is subject to a newly arrived
18
resident's waiting period if, on or after the commencement of this
19
subsection, the person:
20
(a) becomes the holder of a visa determined by the Minister for
21
the purposes of subparagraph 729(2)(f)(v) of the Social
22
Security Act 1991; or
23
(b) becomes the holder of a permanent visa.
24
Length of waiting period
25
(2) If:
26
(a) a person is subject to a newly arrived resident's waiting
27
period; and
28
Schedule 4 Paid parental leave amendments
20
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
No. , 2018
(b) the visa referred to in paragraph (1)(a) or (b) is in a class of
1
visas determined by the Minister for the purposes of
2
paragraph 739A(3)(b) of the Social Security Act 1991; and
3
(c) subsection (3) does not apply;
4
the waiting period:
5
(d) starts on the day on which the person applied for that visa;
6
and
7
(e) ends when the person has been in Australia for a period of, or
8
periods totalling, 156 weeks after that day.
9
(3) If:
10
(a) a person is subject to a newly arrived resident's waiting
11
period; and
12
(b) the person has previously held one or more visas in a class of
13
visas determined by the Minister for the purposes of
14
paragraph 739A(4)(b) of the Social Security Act 1991;
15
the waiting period:
16
(c) starts on the day on which the person applied for the last of
17
those visas; and
18
(d) ends when the person has been in Australia for a period of, or
19
periods totalling, 156 weeks after that day.
20
(4) If:
21
(a) a person is subject to a newly arrived resident's waiting
22
period; and
23
(b) neither subsection (2) nor (3) applies to the person;
24
the waiting period starts on the day on which the person:
25
(c) first entered Australia; or
26
(d) becomes the holder of a permanent visa;
27
whichever occurs last, and ends when the person has been in
28
Australia for a period of, or periods totalling, 156 weeks after that
29
day.
30
Exemptions
31
(5) Subsection (1) does not apply to a person if the person holds, or
32
was the former holder of, a visa in a class of visas determined by
33
the Minister for the purposes of subsection 739A(6) of the Social
34
Security Act 1991.
35
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No. , 2018
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
21
(6) Subsection (1) does not apply to a person if, immediately before
1
the day that would be the start of the person's PPL period if a
2
payability determination were made:
3
(a) the person is receiving a social security pension (within the
4
meaning of the Social Security Act 1991) or a social security
5
benefit (within the meaning of that Act); or
6
(b) the person is receiving farm household allowance under the
7
Farm Household Support Act 2014.
8
(7) Subsection (1) does not apply to a person if:
9
(a) the person is a refugee, or a former refugee, at the time the
10
person made the claim for parental leave pay; or
11
(b) the following apply:
12
(i) before the person made the claim for parental leave pay,
13
the person was a family member of another person at
14
the time the other person became a refugee;
15
(ii) the person is a family member of that other person at the
16
time the person made the claim for parental leave pay
17
or, if that other person has died, the person was a family
18
member of that other person immediately before that
19
other person died; or
20
(c) the person is an Australian citizen at the time the person
21
made the claim for parental leave pay; or
22
(d) the person is residing in Australia at the time the person made
23
the claim for parental leave pay and has held a special
24
category visa at any time before that time.
25
(8) For the purposes of subsection (7):
26
(a) family member has the meaning given by subsection 7(6D)
27
of the Social Security Act 1991; and
28
(b) former refugee has the meaning given by subsection 7(1) of
29
the Social Security Act 1991; and
30
(c) refugee has the meaning given by subsection 7(6B) of the
31
Social Security Act 1991.
32
4 At the end of section 115CB
33
Add:
34
Schedule 4 Paid parental leave amendments
22
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
No. , 2018
Not eligible--newly arrived resident's waiting period
1
(9) Despite subsections (2), (3) and (4), a DAPP claimant is not
2
eligible for dad and partner pay for a child on a day in a newly
3
arrived resident's waiting period for the person (see
4
section 115CBA).
5
5 At the end of Division 2 of Part 3A-3
6
Add:
7
115CBA Newly arrived resident's waiting period
8
When person subject to newly arrived resident's waiting period
9
(1) Subject to this section, a person is subject to a newly arrived
10
resident's waiting period if, on or after the commencement of this
11
subsection, the person:
12
(a) becomes the holder of a visa determined by the Minister for
13
the purposes of subparagraph 729(2)(f)(v) of the Social
14
Security Act 1991; or
15
(b) becomes the holder of a permanent visa.
16
Length of waiting period
17
(2) If:
18
(a) a person is subject to a newly arrived resident's waiting
19
period; and
20
(b) the visa referred to in paragraph (1)(a) or (b) is in a class of
21
visas determined by the Minister for the purposes of
22
paragraph 739A(3)(b) of the Social Security Act 1991; and
23
(c) subsection (3) does not apply;
24
the waiting period:
25
(d) starts on the day on which the person applied for that visa;
26
and
27
(e) ends when the person has been in Australia for a period of, or
28
periods totalling, 156 weeks after that day.
29
(3) If:
30
(a) a person is subject to a newly arrived resident's waiting
31
period; and
32
Paid parental leave amendments Schedule 4
No. , 2018
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
23
(b) the person has previously held one or more visas in a class of
1
visas determined by the Minister for the purposes of
2
paragraph 739A(4)(b) of the Social Security Act 1991;
3
the waiting period:
4
(c) starts on the day on which the person applied for the last of
5
those visas; and
6
(d) ends when the person has been in Australia for a period of, or
7
periods totalling, 156 weeks after that day.
8
(4) If:
9
(a) a person is subject to a newly arrived resident's waiting
10
period; and
11
(b) neither subsection (2) nor (3) applies to the person;
12
the waiting period starts on the day on which the person:
13
(c) first entered Australia; or
14
(d) becomes the holder of a permanent visa;
15
whichever occurs last, and ends when the person has been in
16
Australia for a period of, or periods totalling, 156 weeks after that
17
day.
18
Exemptions
19
(5) Subsection (1) does not apply to a person if the person holds, or
20
was the former holder of, a visa in a class of visas determined by
21
the Minister for the purposes of subsection 739A(6) of the Social
22
Security Act 1991.
23
(6) Subsection (1) does not apply to a person if, immediately before
24
the day that would be the start of the person's DAPP period if a
25
payability determination were made:
26
(a) the person is receiving a social security pension (within the
27
meaning of the Social Security Act 1991) or a social security
28
benefit (within the meaning of that Act); or
29
(b) the person is receiving farm household allowance under the
30
Farm Household Support Act 2014.
31
(7) Subsection (1) does not apply to a person if:
32
(a) the person is a refugee, or a former refugee, at the time the
33
person made the claim for dad and partner pay; or
34
(b) the following apply:
35
Schedule 4 Paid parental leave amendments
24
Social Services Legislation Amendment (Encouraging Self-sufficiency
for Newly Arrived Migrants) Bill 2018
No. , 2018
(i) before the person made the claim for dad and partner
1
pay, the person was a family member of another person
2
at the time the other person became a refugee;
3
(ii) the person is a family member of that other person at the
4
time the person made the claim for dad and partner pay
5
or, if that other person has died, the person was a family
6
member of that other person immediately before that
7
other person died; or
8
(c) the person is an Australian citizen at the time the person
9
made the claim for dad and partner pay; or
10
(d) the person is residing in Australia at the time the person made
11
the claim for dad and partner pay and has held a special
12
category visa at any time before that time.
13
(8) For the purposes of subsection (7):
14
(a) family member has the meaning given by subsection 7(6D)
15
of the Social Security Act 1991; and
16
(b) former refugee has the meaning given by subsection 7(1) of
17
the Social Security Act 1991; and
18
(c) refugee has the meaning given by subsection 7(6B) of the
19
Social Security Act 1991.
20
6 Application provision
21
The amendments made by this Schedule do not apply in respect of a
22
child:
23
(a) who is born either before the commencement of this item or
24
in the 6 months beginning on the day this item commences;
25
or
26
(b) who becomes entrusted to the care of a person (as mentioned
27
in subsection 275(2) of the Paid Parental Leave Act 2010)
28
either before the commencement of this item or in the 6
29
months beginning on the day this item commences.
30