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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
(Better Targeting Student Payments) Bill
2017
No. , 2017
(Social Services)
A Bill for an Act to amend the law relating to social
security and veterans' entitlements, and for related
purposes
No. , 2017
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Relocation scholarship payment
3
Social Security Act 1991
3
Schedule 2--Education entry payment
5
Social Security Act 1991
5
Veterans' Entitlements Act 1986
14
Schedule 3--Pensioner education supplement
17
Social Security Act 1991
17
No. , 2017
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
1
A Bill for an Act to amend the law relating to social
1
security and veterans' entitlements, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Social Services Legislation Amendment (Better
6
Targeting Student Payments) Act 2017.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
No. , 2017
1
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. Schedules 1 to
3
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.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Relocation scholarship payment Schedule 1
No. , 2017
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
3
Schedule 1--Relocation scholarship payment
1
2
Social Security Act 1991
3
1 After subsection 592K(7)
4
Insert:
5
Home of each parent of the person is outside Australia
6
(7A) Despite section 592J, a person is not qualified for a relocation
7
scholarship payment if, on the day the person started to undertake
8
the course referred to in paragraph 592J(d), the home of each
9
parent of the person was outside Australia.
10
Person's usual place of residence is outside Australia
11
(7B) Despite section 592J, a person is not qualified for a relocation
12
scholarship payment if:
13
(a) at the person's qualification time, the person is independent
14
because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11);
15
and
16
(b) on the day 6 months before the person started to undertake
17
the course referred to in paragraph 592J(d), the person's
18
usual place of residence was outside Australia.
19
Person's place of study is outside Australia
20
(7C) Despite section 592J, a person is not qualified for a relocation
21
scholarship payment if, at the person's qualification time, the
22
person's place of study, worked out in accordance with an
23
instrument in force under subsection (8), is outside Australia.
24
2 Before subsection 592K(8)
25
Insert:
26
Schedule 1 Relocation scholarship payment
4
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
No. , 2017
Interpretation
1
3 Application provisions
2
(1)
Subject to this item, the amendments made by this Schedule apply in
3
relation to working out whether a person is qualified for a relocation
4
scholarship payment at a time on or after the commencement of this
5
item, whether the person started to undertake the course concerned
6
before, on or after that commencement.
7
(2)
If:
8
(a) before the commencement of this item, a person started to
9
undertake a course referred to in paragraph 592J(d) of the
10
Social Security Act 1991; and
11
(b) either or both of the following apply:
12
(i) on the day the person started to undertake that course,
13
the home of each parent of the person was outside
14
Australia;
15
(ii) on the day 6 months before the person started to
16
undertake that course, the person's usual place of
17
residence was outside Australia; and
18
(c) before the commencement of this item, the person has
19
received a relocation scholarship payment in relation to that
20
course;
21
then subsections 592K(7A) and (7B) of the Social Security Act 1991, as
22
inserted by this Schedule, do not apply in relation to the person for the
23
purposes of working out whether the person is qualified for a relocation
24
scholarship payment at a time on or after the commencement of this
25
item in relation to that course.
26
Note:
Subsection 592K(7C) of the Social Security Act 1991, as inserted by this Schedule, does
27
apply in relation to the person.
28
Education entry payment Schedule 2
No. , 2017
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
5
Schedule 2--Education entry payment
1
2
Social Security Act 1991
3
1 Before Division 1 of Part 2.13A
4
Insert:
5
Division 1A--Normal amount of full-time study
6
665AA Normal amount of full-time study
7
For the purposes of this Part, the normal amount of full-time study
8
in respect of a course is:
9
(a) if:
10
(i) the course is a course of study within the meaning of the
11
Higher Education Support Act 2003; and
12
(ii) there are Commonwealth supported students (within the
13
meaning of that Act) enrolled in the course;
14
the full-time student load for the course; or
15
(b) if the course is not such a course and the institution defines
16
an amount of full-time study that a full-time student should
17
typically undertake in respect of the course--the amount so
18
defined; or
19
(c) otherwise--an amount of full-time study equivalent to the
20
average amount of full-time study that a person would have
21
to undertake for the duration of the course in order to
22
complete the course in the minimum amount of time needed
23
to complete it.
24
2 Section 665B
25
Repeal the section, substitute:
26
665B Amount of payment
27
(1) The amount of an education entry payment under section 665A is
28
worked out using the table at the end of this section.
29
Schedule 2 Education entry payment
6
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
No. , 2017
(2) Work out, in relation to the first day of the current calendar year
1
for which a pensioner education supplement is payable to the
2
person, the fortnightly rate at which the supplement is payable.
3
(3) The amount of the education entry payment is the corresponding
4
amount in column 2 of the table.
5
6
Amount of education entry payment
Column 1
Fortnightly rate of pensioner
education supplement
Column 2
Amount of education entry
payment
1
$62.40
$208
2
$46.80
$156
3
$31.20
$104
4
$15.60
$52
3 Section 665F
7
Repeal the section, substitute:
8
665F Amount of payment
9
(1) The amount of an education entry payment under section 665E is
10
worked out using the table at the end of this section.
11
(2) Work out, in relation to the first day of the current calendar year
12
for which a pensioner education supplement is payable to the
13
person, the fortnightly rate at which the supplement is payable.
14
(3) The amount of the education entry payment is the corresponding
15
amount in column 2 of the table.
16
17
Amount of education entry payment
Column 1
Fortnightly rate of pensioner
education supplement
Column 2
Amount of education
entry payment
1
$62.40
$208
2
$46.80
$156
3
$31.20
$104
Education entry payment Schedule 2
No. , 2017
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
7
Amount of education entry payment
Column 1
Fortnightly rate of pensioner
education supplement
Column 2
Amount of education
entry payment
4
$15.60
$52
4 Section 665J
1
Repeal the section, substitute:
2
665J Amount of payment
3
(1) The amount of an education entry payment under section 665I is
4
worked out using the table at the end of this section.
5
(2) Work out, in relation to the first day of the current calendar year
6
for which a pensioner education supplement is payable to the
7
person, the fortnightly rate at which the supplement is payable.
8
(3) The amount of the education entry payment is the corresponding
9
amount in column 2 of the table.
10
11
Amount of education entry payment
Column 1
Fortnightly rate of pensioner
education supplement
Column 2
Amount of education
entry payment
1
$62.40
$208
2
$46.80
$156
3
$31.20
$104
4
$15.60
$52
5 Section 665N
12
Repeal the section, substitute:
13
665N Amount of payment
14
(1) The amount of an education entry payment under section 665M is
15
worked out using the table at the end of this section.
16
Schedule 2 Education entry payment
8
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
No. , 2017
(2) Work out, in relation to the first day of the current calendar year
1
for which a pensioner education supplement is payable to the
2
person, the fortnightly rate at which the supplement is payable.
3
(3) The amount of the education entry payment is the corresponding
4
amount in column 2 of the table.
5
6
Amount of education entry payment
Column 1
Fortnightly rate of pensioner
education supplement
Column 2
Amount of education entry
payment
1
$62.40
$208
2
$46.80
$156
3
$31.20
$104
4
$15.60
$52
6 Paragraph 665U(1)(a)
7
Repeal the paragraph, substitute:
8
(a) the Secretary is satisfied that the person is enrolled in a
9
full-time course of education that is an approved course
10
under the ABSTUDY scheme or an approved course of
11
education or study for the purposes of paragraph 541B(1)(c)
12
or 569A(b); and
13
7 Paragraph 665U(1)(d)
14
Repeal the paragraph, substitute:
15
(d) the person has not received a payment under this Part for
16
which he or she made a claim in the current calendar year.
17
8 Section 665V
18
Repeal the section, substitute:
19
665V Amount of payment
20
(1) The amount of an education entry payment under section 665U is
21
worked out using the table at the end of this section.
22
Education entry payment Schedule 2
No. , 2017
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
9
(2) Work out the percentage (the relevant percentage), of the normal
1
amount of full-time study in respect of the course of education, the
2
Secretary is satisfied that the person will be undertaking on the first
3
day of the current calendar year the person undertakes study in that
4
course.
5
Note:
For normal amount of full-time study see section 665AA.
6
(3) The amount of the payment is the corresponding amount in column
7
2 of the table.
8
9
Amount of education entry payment
Column 1
Relevant percentage
Column 2
Amount of education entry
payment
1
76% or more
$208
2
51% or more but less
than 76%
$156
3
More than 25% but less
than 51%
$104
4
25%
$52
5
Less than 25%
$0
9 Paragraph 665ZC(1)(a)
10
Repeal the paragraph, substitute:
11
(a) the Secretary is satisfied that she is enrolled in a full-time or
12
part-time course of education that is an approved course
13
under the ABSTUDY scheme; and
14
10 Paragraph 665ZC(1)(c)
15
Repeal the paragraph, substitute:
16
(c) she has not received a payment under this Part for which she
17
made a claim in the current calendar year.
18
11 Section 665ZD
19
Repeal the section, substitute:
20
Schedule 2 Education entry payment
10
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
No. , 2017
665ZD Amount of payment
1
(1) The amount of an education entry payment under section 665ZC is
2
worked out using the table at the end of this section.
3
(2) Work out the percentage (the relevant percentage), of the normal
4
amount of full-time study in respect of the course of education, the
5
Secretary is satisfied that the woman will be undertaking on the
6
first day of the current calendar year she undertakes study in that
7
course.
8
Note:
For normal amount of full-time study see section 665AA.
9
(3) The amount of the payment is the corresponding amount in column
10
2 of the table.
11
12
Amount of education entry payment
Column 1
Relevant percentage
Column 2
Amount of education entry
payment
1
76% or more
$208
2
51% or more but less
than 76%
$156
3
More than 25% but less
than 51%
$104
4
25%
$52
5
Less than 25%
$0
12 Section 665ZFB
13
Repeal the section, substitute:
14
665ZFB Amount of payment
15
(1) The amount of an education entry payment under section 665ZFA
16
is worked out using the table at the end of this section.
17
(2) Work out, in relation to the first day of the current calendar year
18
for which a pensioner education supplement is payable to the
19
person, the fortnightly rate at which the supplement is payable.
20
Education entry payment Schedule 2
No. , 2017
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
11
(3) The amount of the education entry payment is the corresponding
1
amount in column 2 of the table.
2
3
Amount of education entry payment
Column 1
Fortnightly rate of pensioner
education supplement
Column 2
Amount of education entry
payment
1
$62.40
$208
2
$46.80
$156
3
$31.20
$104
4
$15.60
$52
13 Paragraph 665ZL(a)
4
Repeal the paragraph, substitute:
5
(a) the Secretary is satisfied that she is enrolled in a full-time or
6
part-time course of education that is an approved course
7
under the ABSTUDY scheme; and
8
14 Section 665ZM
9
Repeal the section, substitute:
10
665ZM Amount of payment
11
(1) The amount of an education entry payment under section 665ZL is
12
worked out using the table at the end of this section.
13
(2) Work out the percentage (the relevant percentage), of the normal
14
amount of full-time study in respect of the course of education, the
15
Secretary is satisfied that the woman will be undertaking on the
16
first day of the current calendar year she undertakes study in that
17
course.
18
Note:
For normal amount of full-time study see section 665AA.
19
(3) The amount of the payment is the corresponding amount in column
20
2 of the table.
21
22
Schedule 2 Education entry payment
12
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
No. , 2017
Amount of education entry payment
Column 1
Relevant percentage
Column 2
Amount of education entry
payment
1
76% or more
$208
2
51% or more but less
than 76%
$156
3
More than 25% but less
than 51%
$104
4
25%
$52
5
Less than 25%
$0
15 Paragraph 665ZQ(1)(a)
1
Repeal the paragraph, substitute:
2
(a) the Secretary is satisfied that the person is enrolled in a
3
full-time course of education that is an approved course
4
under the ABSTUDY scheme; and
5
16 Paragraph 665ZQ(1)(c)
6
Repeal the paragraph, substitute:
7
(c) the person has not received a payment under this Part for
8
which the person made a claim in the current calendar year.
9
17 Section 665ZR
10
Repeal the section, substitute:
11
665ZR Amount of payment
12
(1) The amount of an education entry payment under section 665ZQ is
13
worked out using the table at the end of this section.
14
(2) Work out the percentage (the relevant percentage), of the normal
15
amount of full-time study in respect of the course of education, the
16
Secretary is satisfied that the person will be undertaking on the first
17
day of the current calendar year the person undertakes study in that
18
course.
19
Note:
For normal amount of full-time study see section 665AA.
20
Education entry payment Schedule 2
No. , 2017
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
13
(3) The amount of the payment is the corresponding amount in column
1
2 of the table.
2
3
Amount of education entry payment
Column 1
Relevant percentage
Column 2
Amount of education entry
payment
1
76% or more
$208
2
51% or more but less
than 76%
$156
3
More than 25% but less
than 51%
$104
4
25%
$52
5
Less than 25%
$0
18 Paragraph 665ZU(1)(a)
4
Repeal the paragraph, substitute:
5
(a) the Secretary is satisfied that the person is enrolled in a
6
full-time or part-time course of education that is an approved
7
course under the ABSTUDY scheme; and
8
19 Paragraph 665ZU(1)(c)
9
Repeal the paragraph, substitute:
10
(c) the person has not received a payment under this Part for
11
which the person made a claim in the current calendar year.
12
20 Section 665ZV
13
Repeal the section, substitute:
14
665ZV Amount of payment
15
(1) The amount of an education entry payment under section 665ZU is
16
worked out using the table at the end of this section.
17
(2) Work out the percentage (the relevant percentage), of the normal
18
amount of full-time study in respect of the course of education, the
19
Secretary is satisfied that the person will be undertaking on the first
20
Schedule 2 Education entry payment
14
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
No. , 2017
day of the current calendar year the person undertakes study in that
1
course.
2
Note:
For normal amount of full-time study see section 665AA.
3
(3) The amount of the payment is the corresponding amount in column
4
2 of the table.
5
6
Amount of education entry payment
Column 1
Relevant percentage
Column 2
Amount of education entry
payment
1
76% or more
$208
2
51% or more but less
than 76%
$156
3
More than 25% but less
than 51%
$104
4
25%
$52
5
Less than 25%
$0
21 Application provision
7
The amendments of the Social Security Act 1991 made by this Schedule
8
apply in relation to the following:
9
(a) working out qualification for an education entry payment on
10
or after the commencement of this item;
11
(b) working out the amount of an education entry payment on or
12
after the commencement of this item for a person who
13
qualifies for the payment on or after that commencement.
14
Veterans' Entitlements Act 1986
15
22 Paragraph 118AA(d)
16
Repeal the paragraph, substitute:
17
(d) the Commission is satisfied that the person is enrolled in a
18
full-time or part-time course of education that is the subject
19
of a determination made under section 5D of the Student
20
Assistance Act 1973 by the Minister administering that Act;
21
and
22
Education entry payment Schedule 2
No. , 2017
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
15
23 Before subsection 118AAC(1)
1
Insert:
2
Entitlement
3
24 Subsection 118AAC(2)
4
Repeal the subsection, substitute:
5
Amount of payment
6
(2) The amount of an education entry payment is worked out using the
7
table in this section.
8
(3) Work out the percentage (the relevant percentage), of the normal
9
amount of full-time study in respect of the course of education, the
10
Commission is satisfied that the person will be undertaking on the
11
first day of the current calendar year the person undertakes study in
12
that course.
13
Note:
For normal amount of full-time study see subsection (5).
14
(4) The amount of the payment is the corresponding amount in column
15
2 of the table.
16
17
Amount of education entry payment
Column 1
Relevant percentage
Column 2
Amount of education entry
payment
1
76% or more
$208
2
51% or more but less
than 76%
$156
3
More than 25% but less
than 51%
$104
4
25%
$52
5
Less than 25%
$0
Definition
18
(5) In this section:
19
Schedule 2 Education entry payment
16
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
No. , 2017
normal amount of full-time study in respect of a course has the
1
same meaning as in Part 2.13A of the Social Security Act 1991.
2
25 Section 118AAD
3
Repeal the section.
4
26 Application and saving provisions
5
(1)
The amendments of sections 118AA and 118AAC of the Veterans'
6
Entitlements Act 1986 made by this Schedule apply in relation to the
7
following:
8
(a) working out eligibility for an education entry payment on or
9
after the commencement of this item;
10
(b) working out the amount of an education entry payment on or
11
after the commencement of this item for a person who is
12
eligible for the payment on or after that commencement.
13
(2)
Despite the repeal of section 118AAD of the Veterans' Entitlements Act
14
1986 made by this Schedule, that section, as in force immediately
15
before the commencement of this item, continues to apply on and after
16
that commencement in relation to a claim for an education entry
17
payment made before that commencement.
18
Pensioner education supplement Schedule 3
No. , 2017
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
17
Schedule 3--Pensioner education supplement
1
2
Social Security Act 1991
3
1 Subsections 1061PB(3) to (5)
4
Repeal the subsections, substitute:
5
(3) A person is not undertaking qualifying study on a day if the day
6
does not fall within a study period (such as, for example, a
7
semester) for the course referred to in paragraph (1)(b).
8
(4) A person is not undertaking qualifying study on a day if the day
9
falls within a period of vacation that occurs during a study period
10
(such as, for example, a semester) for the course referred to in
11
paragraph (1)(b).
12
2 Section 1061PZG
13
Repeal the section, substitute:
14
1061PZG Rate of pensioner education supplement
15
(1) A person's rate of pensioner education supplement is a daily rate
16
worked out by dividing the person's fortnightly rate of pensioner
17
education supplement by 14.
18
(2) A person's fortnightly rate of pensioner education supplement is
19
worked out using the table at the end of this section.
20
(3) Work out the percentage (the relevant percentage), of the normal
21
amount of full-time study (within the meaning of section 1061PF)
22
in respect of the course concerned, the person is undertaking.
23
(4) The fortnightly rate is the corresponding rate in column 2 of the
24
table.
25
26
Fortnightly rate of pensioner education supplement
Column 1
Relevant percentage
Column 2
Fortnightly rate
1
76% or more
$62.40
Schedule 3 Pensioner education supplement
18
Social Services Legislation Amendment (Better Targeting Student
Payments) Bill 2017
No. , 2017
Fortnightly rate of pensioner education supplement
Column 1
Relevant percentage
Column 2
Fortnightly rate
2
51% or more but less
than 76%
$46.80
3
More than 25% but less
than 51%
$31.20
4
25%
$15.60
Note:
A person must be undertaking at least 25% of the normal amount of
1
full-time study in respect of a course to qualify for a pensioner
2
education supplement.
3
3 Application provision
4
The amendments made by this Schedule apply in relation to working
5
out qualification for, or the rate of, pensioner education supplement in
6
relation to days occurring on or after the commencement of this item.
7