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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Consistent Treatment of Parental Leave
Payments) Bill 2016
No. , 2016
(Social Services)
A Bill for an Act to amend the law relating to paid
parental leave, social security and veterans'
entitlements, and for related purposes
No. , 2016
Social Services Legislation Amendment (Consistent Treatment of
Parental Leave Payments) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Parental leave pay and dad and partner pay count as
income
3
Social Security Act 1991
3
Veterans' Entitlements Act 1986
3
Part 2--Deductions from instalments of parental leave pay to
avoid overpayments
4
Paid Parental Leave Act 2010
4
No. , 2016
Social Services Legislation Amendment (Consistent Treatment of
Parental Leave Payments) Bill 2016
1
A Bill for an Act to amend the law relating to paid
1
parental leave, social security and veterans'
2
entitlements, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Social Services Legislation
6
Amendment (Consistent Treatment of Parental Leave Payments)
7
Act 2016.
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 (Consistent Treatment of
Parental Leave Payments) Bill 2016
No. , 2016
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
The first 1 January, 1 April, 1 July or
1 October 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
Amendments Schedule 1
Parental leave pay and dad and partner pay count as income Part 1
No. , 2016
Social Services Legislation Amendment (Consistent Treatment of
Parental Leave Payments) Bill 2016
3
Schedule 1--Amendments
1
Part 1--Parental leave pay and dad and partner pay
2
count as income
3
Social Security Act 1991
4
1 At the end of subsection 8(1A)
5
Add:
6
; or (h) an instalment of parental leave pay; or
7
(i) dad and partner pay.
8
2 Paragraphs 8(8)(d) and (da)
9
Repeal the paragraphs.
10
Veterans' Entitlements Act 1986
11
3 Paragraphs 5H(8)(d) and (da)
12
Repeal the paragraphs.
13
4 Application provision
14
The amendments made by this Part apply in relation to an instalment of
15
parental leave pay, or to dad and partner pay, that is paid on or after the
16
commencement of this item in respect of a claim for a child:
17
(a) who is born on or after that commencement; or
18
(b) who becomes entrusted to the care of a person (as mentioned
19
in subsection 275(2) of the Paid Parental Leave Act 2010) on
20
or after that commencement;
21
whether the claim was made before, on or after that commencement.
22
Schedule 1 Amendments
Part 2 Deductions from instalments of parental leave pay to avoid overpayments
4
Social Services Legislation Amendment (Consistent Treatment of
Parental Leave Payments) Bill 2016
No. , 2016
Part 2--Deductions from instalments of parental
1
leave pay to avoid overpayments
2
Paid Parental Leave Act 2010
3
5 Section 6
4
Insert:
5
income support payment has the same meaning as in the Social
6
Security Act.
7
6 Subsection 66(2)
8
Omit "and 69", substitute ", 69 and 69A".
9
7 After section 69
10
Insert:
11
69A Deductions to avoid overpayment of income support payment
12
If:
13
(a) a payability determination that parental leave pay is payable
14
to a person is made after the start of the person's PPL period;
15
and
16
(b) one or more instalments are payable to the person on a
17
particular day by the Secretary; and
18
(c) the person has been paid an income support payment in
19
respect of the whole or a part of the period to which those
20
instalments relate; and
21
(d) the Secretary is satisfied that, if the Secretary were to pay
22
those instalments, there would be an overpayment to the
23
person of the income support payment;
24
the Secretary may deduct an amount or amounts from one or more
25
of those instalments such that the sum of all the deductions under
26
this section equals the amount that would be overpaid.
27
Note:
Since an instalment is counted as income under the Social Security Act
28
1991 and the Veterans' Entitlements Act 1986, an overpayment could
29
arise because an increase in a person's income in relation to a period
30
Amendments Schedule 1
Deductions from instalments of parental leave pay to avoid overpayments Part 2
No. , 2016
Social Services Legislation Amendment (Consistent Treatment of
Parental Leave Payments) Bill 2016
5
could lead to a reduced or nil rate of an income support payment in
1
relation to that period.
2
8 Subsection 70(1)
3
Omit "or 69", substitute ", 69 or 69A".
4
9 After subsection 101(3)
5
Insert:
6
When employer determination must not be made
7
(3A) The Secretary must not make an employer determination for a
8
person and the person's employer if the person is receiving an
9
income support payment.
10
10 Subsection 108(1) (after table item 2)
11
Insert:
12
2A
The person is receiving an income
support payment.
The day of the revocation.
11 Application provisions
13
Deductions from instalments
14
(1)
Paragraph 69A(a) of the Paid Parental Leave Act 2010, as amended by
15
this Part, applies in relation to a payability determination that is made
16
on or after the commencement of this item.
17
(2)
Paragraph 69A(b) of the Paid Parental Leave Act 2010, as amended by
18
this Part, applies in relation to an instalment of parental leave pay that is
19
payable on or after the commencement of this item in respect of a claim
20
for a child:
21
(a) who is born on or after that commencement; or
22
(b) who becomes entrusted to the care of a person (as mentioned
23
in subsection 275(2) of the Paid Parental Leave Act 2010) on
24
or after that commencement;
25
whether the claim was made before, on or after that commencement.
26
Schedule 1 Amendments
Part 2 Deductions from instalments of parental leave pay to avoid overpayments
6
Social Services Legislation Amendment (Consistent Treatment of
Parental Leave Payments) Bill 2016
No. , 2016
Employer determinations
1
(3)
The amendment of section 101 of the Paid Parental Leave Act 2010
2
made by this Part applies in relation to claims made on or after the
3
commencement of this item.
4
(4)
The amendment of section 108 of the Paid Parental Leave Act 2010
5
made by this Part applies in relation to an employer determination made
6
before, on or after the commencement of this item, where the claim was
7
for a child:
8
(a) who was born on or after that commencement; or
9
(b) who became entrusted to the care of a person (as mentioned
10
in subsection 275(2) of the Paid Parental Leave Act 2010) on
11
or after that commencement;
12
whether the claim was made before, on or after that commencement.
13