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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Simplifying Student Payments) Bill 2016
No. , 2016
(Social Services)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2016
Social Services Legislation Amendment (Simplifying Student Payments)
Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Means testing for social security benefits
3
Part 1--Youth allowance and austudy payment assets test
3
Social Security Act 1991
3
Part 2--Means test treatment of private companies and private
trusts
4
Social Security Act 1991
4
Part 3--Treatment of periodic gifts or allowances from family
members
5
Social Security Act 1991
5
Part 4--Parental income test for youth allowance
6
Social Security Act 1991
6
Schedule 2--Health care cards
7
Social Security Act 1991
7
Schedule 3--Remoteness Structure
8
Social Security Act 1991
8
No. , 2016
Social Services Legislation Amendment (Simplifying Student Payments)
Bill 2016
1
A Bill for an Act to amend the law relating to social
1
security, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Social Services Legislation Amendment (Simplifying
5
Student Payments) Act 2016.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Social Services Legislation Amendment (Simplifying Student Payments)
Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The first 1 January or 1 July to occur after
the day this Act receives the Royal Assent.
3. Schedule 2
1 January 2019.
1 January 2019
4. Schedule 3
As follows:
(a) if this Act receives the Royal Assent
before 1 January 2017--1 January 2017;
(b) if this Act receives the Royal Assent on
or after 1 January 2017--the first
1 January 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
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Means testing for social security benefits Schedule 1
Youth allowance and austudy payment assets test Part 1
No. , 2016
Social Services Legislation Amendment (Simplifying Student Payments)
Bill 2016
3
Schedule 1--Means testing for social security
1
benefits
2
Part 1--Youth allowance and austudy payment
3
assets test
4
Social Security Act 1991
5
1 Subsection 547B(1)
6
Repeal the subsection.
7
2 Subsection 547B(2)
8
Omit "(2)".
9
3 Sections 573 and 573A
10
Repeal the sections, substitute:
11
573 Austudy payment not payable if assets value limit exceeded
12
An austudy payment is not payable to a person if the value of the
13
person's assets is more than the person's assets value limit.
14
Note:
For assets value limit see section 573B.
15
4 Application provisions
16
(1)
The amendment made by item 1 applies in relation to working out
17
whether youth allowance is payable to a person in respect of days
18
occurring on or after the commencement of that item.
19
(2)
The amendment made by item 3 applies in relation to working out
20
whether an austudy payment is payable to a person in respect of days
21
occurring on or after the commencement of that item.
22
Schedule 1 Means testing for social security benefits
Part 2 Means test treatment of private companies and private trusts
4
Social Services Legislation Amendment (Simplifying Student Payments)
Bill 2016
No. , 2016
Part 2--Means test treatment of private companies
1
and private trusts
2
Social Security Act 1991
3
5 Paragraph 547D(a)
4
Omit "and Part 3.18".
5
6 Paragraph 547D(b)
6
Omit "(disregarding Part 3.18)".
7
7 Section 547D
8
Omit "Section 547E applies for the purpose of working out the value of
9
the assets of the person and of any other person who is the partner of the
10
person.".
11
8 Section 547E
12
Repeal the section.
13
9 Section 573C
14
Omit "Section 573D applies for the purpose of working out the value of
15
the person's assets and of his or her partner (if any).".
16
10 Section 573D
17
Repeal the section.
18
11 Application provisions
19
(1)
The amendments made by items 5 to 8 apply in relation to working out
20
whether youth allowance is payable to a person in respect of days
21
occurring on or after the commencement of those items.
22
(2)
The amendments made by items 9 and 10 apply in relation to working
23
out whether an austudy payment is payable to a person in respect of
24
days occurring on or after the commencement of those items.
25
Means testing for social security benefits Schedule 1
Treatment of periodic gifts or allowances from family members Part 3
No. , 2016
Social Services Legislation Amendment (Simplifying Student Payments)
Bill 2016
5
Part 3--Treatment of periodic gifts or allowances
1
from family members
2
Social Security Act 1991
3
12 Paragraph 8(8)(z) (note)
4
Repeal the note.
5
13 Point 1067G-H21
6
Repeal the point.
7
14 Point 1067L-D17
8
Repeal the point.
9
15 Point 1068-G5
10
Repeal the point.
11
16 Point 1068B-D5
12
Repeal the point.
13
17 Application provision
14
The amendments made by this Part apply in relation to working out the
15
rate of social security benefits in respect of days occurring on or after
16
the commencement of this item.
17
Schedule 1 Means testing for social security benefits
Part 4 Parental income test for youth allowance
6
Social Services Legislation Amendment (Simplifying Student Payments)
Bill 2016
No. , 2016
Part 4--Parental income test for youth allowance
1
Social Security Act 1991
2
18 After paragraph 1067G-F10(d)
3
Insert:
4
(da) the parent's tax free pensions or benefits for that year
5
(worked out in accordance with clause 7 of Schedule 3 to the
6
Family Assistance Act);
7
19 Application provision
8
The amendment made by this Part applies in relation to working out a
9
person's eligibility for, or amount of, youth allowance for a day that is
10
on or after the commencement of this item.
11
Health care cards Schedule 2
No. , 2016
Social Services Legislation Amendment (Simplifying Student Payments)
Bill 2016
7
Schedule 2--Health care cards
1
2
Social Security Act 1991
3
1 Subsection 1061ZK(5)
4
Repeal the subsection, substitute:
5
(5) This section applies to a person (other than a person who is
6
qualified for a pensioner concession card because of
7
subsection 1061ZA(2A), (2B) or (2D)) on a day if on that day the
8
person is receiving:
9
(a) a youth allowance; or
10
(b) an austudy payment; or
11
(c) a newstart allowance; or
12
(d) a partner allowance; or
13
(e) a widow allowance; or
14
(f) benefit PP (partnered); or
15
(g) sickness allowance; or
16
(h) special benefit.
17
(6) This section applies to a person on a day if on that day:
18
(a) the person is receiving a payment under the ABSTUDY
19
Scheme that includes an amount identified as living
20
allowance, where the person satisfies the eligibility criteria
21
for that payment; or
22
(b) another person, on behalf of the person, is receiving a
23
payment under the ABSTUDY Scheme that includes an
24
amount identified as living allowance.
25
2 Application provision
26
The amendment made by this Schedule applies in relation to working
27
out if a person is qualified for a health care card for a day that is on or
28
after the commencement of this item.
29
Schedule 3 Remoteness Structure
8
Social Services Legislation Amendment (Simplifying Student Payments)
Bill 2016
No. , 2016
Schedule 3--Remoteness Structure
1
2
Social Security Act 1991
3
1 Subsections 1067A(10F) to (10H)
4
Repeal the subsections, substitute:
5
(10F) For the purposes of paragraph (10E)(a), Remoteness Structure
6
means the Remoteness Structure described in:
7
(a) the document titled "Australian Statistical Geography
8
Standard (ASGS): Volume 5 - Remoteness Structure, July
9
2011", published by the Australian Statistician and as
10
amended from time to time; or
11
(b) any replacement document that is published by the Australian
12
Statistician and that is in effect in accordance with
13
subsection (10G); or
14
(c) any document that is determined by the Secretary in an
15
instrument under subsection (10H) and that is in effect in
16
accordance with subsection (10J).
17
(10G) If a replacement document mentioned in paragraph (10F)(b) is
18
published by the Australian Statistician:
19
(a) the replacement document takes effect on the first 1 January
20
or 1 July to occur after the day of that publication and then
21
has effect as amended from time to time; and
22
(b) the document in effect immediately before that publication is
23
taken to continue to have effect until the end of the day
24
before that 1 January or 1 July.
25
(10H) The Secretary may, by notifiable instrument, determine a document
26
for the purposes of paragraph (10F)(c). The Secretary may do so
27
only if the Australian Statistician has notified the Secretary that the
28
Australian Statistician will no longer be publishing replacement
29
documents mentioned in paragraph (10F)(b).
30
(10J) A document determined in an instrument under subsection (10H)
31
takes effect on the day specified in the determination and then has
32
effect as amended from time to time.
33
Remoteness Structure Schedule 3
No. , 2016
Social Services Legislation Amendment (Simplifying Student Payments)
Bill 2016
9
2 Application provision
1
The amendment made by this Schedule applies in relation to:
2
(a) working out a person's qualification for, or the rate of, youth
3
allowance for a day that is on or after the commencement of
4
this item; and
5
(b) working out a person's qualification for a relocation
6
scholarship payment at a time that is on or after the
7
commencement of this item and, if the person is so qualified,
8
the amount of the relocation scholarship payment.
9