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FURTHER 1998 BUDGET MEASURES LEGISLATION AMENDMENT (SOCIAL SECURITY) ACT 1999 NO. 152, 1999 - SCHEDULE 2

- Amendments relating to CDEP

Social Security Act 1991

1 Section 3 (index of definitions)

Insert the following entries in their appropriate alphabetical positions, determined on a letter-by-letter basis:

CDEP Scheme
23(1)
CDEP Scheme participant
23(1)
CDEP Scheme payment
23(1)
CDEP Scheme quarter
23(1)

2 Section 3 (index of definitions)

Omit:

Commonwealth funded employment program
23(1)

3 After section 3

Insert:

3A Power of Secretary to make determinations etc.

If:

(a)
a provision of this Act refers to a determination made, approval given or other act done by the Secretary; and

(b)
there is no other provision of this Act expressly conferring power on the Secretary to make the determination, give the approval or do the act;

the Secretary has power by this section to make such a determination, give such an approval or do such an act, as the case requires.

4 Subsection 23(1)

Insert:

CDEP Scheme means the scheme known as the Community Development Employment Projects Scheme.

5 Subsection 23(1)

Insert:

CDEP Scheme participant has the meaning given by section 1188B.

6 Subsection 23(1)

Insert:

CDEP Scheme payment means a payment (expressed as a fortnightly rate) made from the wages component grant under the CDEP Scheme.

7 Subsection 23(1)

Insert:

CDEP Scheme quarter means:

(a)
such period (if any) as the Secretary determines in respect of the provision in which the expression occurs; or

(b)
in relation to a provision in respect of which there is no determination by the Secretary in force under paragraph (a)—a quarter within the meaning of the CDEP Scheme.

8 Subsection 23(1) (definition of Commonwealth funded employment program )

Repeal the definition.

9 Subsection 23(1) (at the end of the definition of social security recipient status )

Add (but not as part of paragraph (b)):

; and includes status held on or after 20 March 2000 as a CDEP Scheme participant receiving the CDEP Scheme Participant Supplement.

10 Paragraph 408CA(1)(h)

Repeal the paragraph.

11 Section 408CG

Repeal the section, substitute:

408CG Maximum basic rate and remote area allowance not payable to CDEP Scheme participant

The maximum basic rate, and the remote area allowance, of widow allowance for a period are not payable to a woman who is a CDEP Scheme participant in respect of the whole or a part of the period.

Note 1: For remote area allowance see Module J of Benefit Rate Calculator B.

Note 2: For CDEP Scheme participant see subsection 23(1).

12 At the end of Division 6 of Part 2.8A

Add:

408GI CDEP Scheme participant may accumulate widow allowance

(1)
A person who is a CDEP Scheme participant in respect of the whole or a part of a quarter may, by written notice given to the Secretary, choose to accumulate the amounts of any widow allowance that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.

(2)
If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after:

(a)
unless paragraph (b) applies, the last day of the quarter; or

(b)
if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.

(3)
In this section:

quarter means a CDEP Scheme quarter.

Note 1: For CDEP Scheme participant see section 1188B.

Note 2: For CDEP Scheme quarter see subsection 23(1).

13 Paragraph 500I(1)(g)

Repeal the paragraph.

14 Section 500W

Repeal the section, substitute:

500W Maximum basic rate and remote area allowance not payable to CDEP Scheme participant who is a member of a couple

The maximum basic rate, and the remote area allowance, of a parenting payment for a period is not payable to a person who is a member of a couple and is a CDEP Scheme participant in respect of the whole or a part of the period.

Note 1: For CDEP Scheme participant see subsection 23(1).

Note 2: For remote area allowance see Module G of PP (partnered) Rate Calculator.

15 At the end of Division 5 of Part 2.10

Add:

504N CDEP Scheme participant may accumulate parenting payment

(1)
A person who is a member of a couple, and is a CDEP Scheme participant in respect of the whole or a part of a quarter, may, by written notice given to the Secretary, choose to accumulate the amounts of any parenting payment that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.

(2)
If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after:

(a)
unless paragraph (b) applies, the last day of the quarter; or

(b)
if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.

(3)
In this section:

quarter means a CDEP Scheme quarter.

Note 1: For CDEP Scheme participant see section 1188B.

Note 2: For CDEP Scheme quarter see subsection 23(1).

16 At the end of Division 9 of Part 2.10

Add:

Subdivision D—Bereavement payment in respect of a person who was a CDEP Scheme participant

514FA Calculation of bereavement payment in respect of former CDEP Scheme participant
If a benefit becomes payable under this Division in respect of a person who was a CDEP Scheme participant in respect of the day on which the benefit becomes payable, the amount of the benefit is to be the amount that would have been the amount of the benefit if section 500W had not been enacted.

Note: For CDEP Scheme participant see section 1188B.

17 Section 540

Omit all the words before paragraph (b), substitute:

Subject to this Subdivision, a person is qualified for a youth allowance in respect of a period if:

(a)
either of the following applies:

(i)
throughout the period the person satisfies the activity test (see Subdivision B) or is not required to satisfy the activity test (see Subdivision C);
(ii)
the person is a CDEP Scheme participant (see section 1188B) in respect of the period;

18 Paragraphs 540(b), (c) and (d)

Before "the person" (first occurring), insert "throughout the period".

19 At the beginning of paragraph 546(1)(c)

Insert "except where the person is a CDEP Scheme participant in respect of the period,".

20 Paragraphs 552(c) and (d)

Repeal the paragraphs, substitute:

(c)
an assurance of support applies to the person (see section 552B).

21 At the end of Subdivision E of Division 2 of Part 2.11

Add:

552C Maximum basic rate and remote area allowance not payable to CDEP Scheme participant

The maximum basic rate, and the remote area allowance, of youth allowance for a period are not payable to a person who is a CDEP Scheme participant in respect of the whole or a part of the period.

Note 1: For remote area allowance see Module K of the Youth Allowance Rate Calculator.

Note 2: For CDEP Scheme participant see subsection 23(1).

22 At the end of Division 6 of Part 2.11

Add:

559J CDEP Scheme participant may accumulate youth allowance

(1)
A person who is a CDEP Scheme participant in respect of the whole or a part of a quarter may, by written notice given to the Secretary, choose to accumulate the amounts of any youth allowance that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.

(2)
If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after:

(a)
unless paragraph (b) applies, the last day of the quarter; or

(b)
if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.

(3)
In this section:

quarter means a CDEP Scheme quarter.

Note 1: For CDEP Scheme participant see section 1188B.

Note 2: For CDEP Scheme quarter see subsection 23(1).

23 At the end of Division 10 of Part 2.11

Add:

567F Calculation of bereavement payment in respect of former CDEP Scheme participant

If a benefit becomes payable under this Division in respect of a person who was a CDEP Scheme participant in respect of the day on which the benefit becomes payable, the amount of the benefit is to be the amount that would have been the amount of the benefit if section 552C had not been enacted.

Note: For CDEP Scheme participant see section 1188B.

24 Paragraphs 593(1)(a) and (b)

Repeal the paragraphs, substitute:

(a)
the person satisfies the Secretary that:

(i)
throughout the period the person is unemployed; or
(ii)
the person is a CDEP Scheme participant in respect of the period; and

Note: For CDEP Scheme participant see section 1188B.

(b)
in the case of a person to whom subparagraph (a)(i) applies—throughout the period, or for each period within the period, the person:

(i)
satisfies the activity test; or
(ii)
is not required to satisfy the activity test; and

25 At the beginning of paragraph 600(1)(c)

Insert "except where the person is a CDEP Scheme participant in respect of the period,".

26 Paragraph 608(1)(da)

Repeal the paragraph.

27 Section 614A

Repeal the section, substitute:

614A Maximum basic rate and remote area allowance not payable to CDEP Scheme participant

The maximum basic rate, and the remote area allowance, of newstart allowance for a period are not payable to a person who is a CDEP Scheme participant in respect of the whole or a part of the period.

Note 1: For remote area allowance see Module J of Benefit Rate Calculator B.

Note 2: For CDEP Scheme participant see subsection 23(1).

28 At the end of Division 5 of Part 2.12

Add:

653A CDEP Scheme participant may accumulate newstart allowance

(1)
A person who is a CDEP Scheme participant in respect of the whole or a part of a quarter may, by written notice given to the Secretary, choose to accumulate the amounts of any newstart allowance that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.

(2)
If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after:

(a)
unless paragraph (b) applies, the last day of the quarter; or

(b)
if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.

(3)
In this section:

quarter means a CDEP Scheme quarter.

Note 1: For CDEP Scheme participant see section 1188B.

Note 2: For CDEP Scheme quarter see subsection 23(1).

29 At the end of Subdivision AA of Division 9 of Part 2.12

Add:

660LG Calculation of bereavement payment in respect of former CDEP Scheme participant

If a benefit becomes payable under this Division in respect of a person who was a CDEP Scheme participant in respect of the day on which the benefit becomes payable, the amount of the benefit is to be the amount that would have been the amount of the benefit if section 614A had not been enacted.

Note: For CDEP Scheme participant see section 1188B.

30 Paragraph 660XCA(1)(e)

Repeal the paragraph.

31 Section 660XCH

Repeal the section.

32 At the end of subsection 660YBA(5)

Add:

Note: For CDEP Scheme participant see section 1188B.

33 Paragraph 660YCA(1)(e)

Repeal the paragraph.

34 Section 660YCH

Repeal the section, substitute:

660YCH Maximum basic rate and remote area allowance not payable to CDEP Scheme participant

The maximum basic rate, and the remote area allowance, of mature age allowance for a period are not payable to a person who is a CDEP Scheme participant in respect of the whole or a part of the period.

Note 1: For remote area allowance see Module J of Benefit Rate Calculator B.

Note 2: For CDEP Scheme participant see subsection 23(1).

35 At the end of Division 7 of Part 2.12B

Add:

660YGI CDEP Scheme participant may accumulate mature age allowance

(1)
A person who is a CDEP Scheme participant in respect of the whole or a part of a quarter may, by written notice given to the Secretary, choose to accumulate the amounts of any mature age allowance that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.

(2)
If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after:

(a)
unless paragraph (b) applies, the last day of the quarter; or

(b)
if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.

(3)
In this section:

quarter means a CDEP Scheme quarter.

Note 1: For CDEP Scheme participant see section 1188B.

Note 2: For CDEP Scheme quarter see subsection 23(1).

36 At the end of Division 11 of Part 2.12B

Add:

Subdivision D—Bereavement payment in respect of former CDEP Scheme participant

660YKH Calculation of bereavement payment in respect of former CDEP Scheme participant
If a benefit becomes payable under this Division in respect of a person who was a CDEP Scheme participant in respect of the day on which the benefit becomes payable, the amount of the benefit is to be the amount that would have been the amount of the benefit if section 660YCH had not been enacted.

Note: For CDEP Scheme participant see section 1188B.

37 At the end of section 686

Add:

(7)
Sickness allowance is not payable to a person in respect of a period if the person is a CDEP Scheme participant in respect of the whole or any part of the period.

38 Paragraph 771HC(1)(e)

Repeal the paragraph.

39 Section 771HK

Repeal the section, substitute:

771HK Maximum basic rate and remote area allowance not payable to CDEP Scheme participant

The maximum basic rate, and the remote area allowance, of partner allowance for a period are not payable to a person who is a CDEP Scheme participant in respect of the whole or a part of the period.

Note 1: For remote area allowance see Module J of Benefit Rate Calculator B.

Note 2: For CDEP Scheme participant see subsection 23(1).

40 At the end of Division 5 of Part 2.15A

Add:

771KN CDEP Scheme participant may accumulate partner allowance

(1)
A person who is a CDEP Scheme participant in respect of the whole or a part of a quarter may, by written notice given to the Secretary, choose to accumulate the amounts of any partner allowance that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.

(2)
If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after:

(a)
unless paragraph (b) applies, the last day of the quarter; or

(b)
if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.

(3)
In this section:

quarter means a CDEP Scheme quarter.

Note 1: For CDEP Scheme participant see section 1188B.

Note 2: For CDEP Scheme quarter see subsection 23(1).

41 At the end of Division 9 of Part 2.15A

Add:

Subdivision D—Bereavement payment in respect of former CDEP Scheme participant

771NZAA Calculation of bereavement payment in respect of former CDEP Scheme participant
If a benefit becomes payable under this Division in respect of a person who was a CDEP Scheme participant in respect of the day on which the benefit becomes payable, the amount of the benefit is to be the amount that would have been the amount of the benefit if section 771HK had not been enacted.

Note: For CDEP Scheme participant see section 1188B.

42 Point 1067G-A1 (method statement, step 14)

After "plus", insert ", except where the person is a CDEP Scheme participant in respect of the whole or a part of the period for which the rate of allowance is being worked out,".

43 Point 1067G-B1

Omit "A person's maximum basic rate", substitute "The maximum basic rate of a person other than a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out".

44 At the end of point 1067G-B1

Add (but not as part of paragraph (c)):

The maximum basic rate of a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out is nil (see section 552C).

45 Point 1068-A1 (method statement, step 7)

After "plus", insert ", except where the person is a CDEP Scheme participant in respect of the whole or a part of the period for which the rate of benefit is being worked out,".

46 Point 1068-B1

Omit "A person's maximum basic rate", substitute "The maximum basic rate of a person other than a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out".

47 Point 1068-B1 (after the third sentence)

Insert "The maximum basic rate of a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out is nil (see sections 408CG, 614A, 660YCH and 771HK).".

48 Point 1068B-A3 (method statement, step 8)

After "plus", insert ", except where the person is a CDEP Scheme participant in respect of the whole or a part of the period for which the rate of payment is being worked out,".

49 Point 1068B-A3A (method statement, step 7)

After "plus", insert ", except where the person is a CDEP Scheme participant in respect of the whole or a part of the period for which the rate of payment is being worked out,".

50 Point 1068B-C1

After "payable to a person", insert "other than a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out".

51 Point 1068B-C2

After "payable to a person", insert "other than a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out".

52 Section 1068B (at the end of Module C in the PP (partnered) Rate Calculator)

Add:

Maximum basic rate—CDEP Scheme participant

1068B-C3 The maximum basic rate of a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out is nil (see section 500W).

53 After Part 3.15

Insert:

Part 3.15A—Community Development Employment Projects Scheme Division 1—Preliminary 1188A General effect of Part

(1)
This Part has the effect, in certain circumstances, of reducing a person's social security entitlement in respect of a period in respect of which the person is a CDEP Scheme participant.

(2)
This Part also provides, in certain circumstances, a supplement for a person for a period in respect of which the person is a CDEP Scheme participant.

1188B CDEP Scheme participants
(1)
A person is, or is taken to have been, a CDEP Scheme participant in respect of a particular day (the relevant day ) on or after 20 March 1999 if:

(a)
the person's name appeared on the latest CDEP Scheme Participant Schedule, approved on or before the relevant day, and there is no certificate in force, given, after the approval of that Schedule, by an authorised officer stating that the person ceased on or before the relevant day to be a person participating in the CDEP Scheme; or

(b)
the person's name did not appear on that Schedule but a certificate is in force, given, after the approval of that Schedule, by an authorised officer stating that the person began to participate in the CDEP Scheme on or before the relevant day and there is no certificate in force, given, after the issue of the first-mentioned certificate, by an authorised officer stating that the person ceased on or before the relevant day to participate in the CDEP Scheme.

(2)
Subsection (1) does not apply in relation to a person in respect of a particular day if the Secretary believes, on reasonable grounds, that, on that day:

(a)
the person was no longer participating in the program constituted by the CDEP Scheme; or

(b)
the person was sick or incapacitated and was not receiving sickness benefits under the CDEP Scheme.

(3)
In this section:

ATSIC means the Aboriginal and Torres Strait Islander Commission.

authorised officer , in relation to a certificate, means a person authorised by the Chief Executive Officer of ATSIC to give such a certificate.

CDEP Scheme Participant Schedule means a schedule of the names of people participating in the CDEP Scheme that has been approved by ATSIC for the purposes of that Scheme.

relevant day has the meaning given by subsection (1).

Division 2—Reduction in rate of pension or allowance 1188C Reductions in rate of payments under this Act if recipient or partner also receiving payments under CDEP Scheme
(1)
If:

(a)
an instalment of any of the following:

(i)
age pension;
(ii)
disability support pension;
(iii)
wife pension;
(iv)
carer payment;
(v)
parenting payment at the rate applicable for a person who is not a member of a couple;
(vi)
bereavement allowance;
(vii)
widow B pension;
(viii)
special benefit;
(ix)
special needs pension;
(x)
mature age allowance under Part 2.12A;
(xi)
mature age partner allowance;
is payable to a person in respect of a payment period or in respect of a pension payday; and

(b)
a CDEP Scheme payment is payable to the person or the person's partner in respect of the whole or a part of that payment period or in respect of that pension payday, as the case may be;

the following provisions have effect:

(c)
if a CDEP Scheme payment referred to in paragraph (b) that is payable to the person exceeds the person's threshold:

(i)
the amount of the instalment is reduced by the part of the CDEP Scheme payment that does not exceed the person's threshold; and
(ii)
the ordinary income of the person includes the part of the CDEP Scheme payment that exceeds the person's threshold;
(d)
if a CDEP Scheme payment referred to in paragraph (b) that is payable to the person does not exceed the person's threshold:

(i)
the amount of the instalment is reduced by the amount of the CDEP Scheme payment; and
(ii)
the CDEP Scheme payment is not ordinary income of the person;
(e)
if a CDEP Scheme payment referred to in paragraph (b) that is payable to the person's partner exceeds the partner's threshold:

(i)
the part of the CDEP Scheme payment that does not exceed the partner's threshold is not ordinary income of the person or of the person's partner; and
(ii)
the ordinary income of the person's partner includes the part of the CDEP Scheme payment that exceeds the partner's threshold;
(f)
if a CDEP Scheme payment referred to in paragraph (b) that is payable to the person's partner does not exceed the partner's threshold, the CDEP Scheme payment is not ordinary income of the person or of the person's partner.

(2)
If a person who had been receiving instalments of a pension payment, allowance or benefit referred to in paragraph (1)(a) dies, then, in calculating any bereavement payment in respect of the person, any deductions made from the amounts of the instalments under subparagraph (1)(c)(i), (d)(i) or (e)(i) are to be disregarded.

(3)
If:

(a)
a payment of any of the following:

(i)
widow allowance;
(ii)
newstart allowance;
(iii)
youth allowance;
(iv)
parenting payment at the rate applicable for a person who is a member of a couple;
(v)
partner allowance;
(vi)
mature age allowance under Part 2.12B;
is payable to a person in respect of a payment period; and

(b)
a CDEP Scheme payment is payable to the person in respect of the whole or a part of that period;

the following provisions have effect:

(c)
if the CDEP Scheme payment referred to in paragraph (b) exceeds the person's threshold, the ordinary income of the person includes the part of the CDEP Scheme payment that exceeds the person's threshold;

(d)
if the CDEP Scheme payment referred to in paragraph (b) does not exceed the person's threshold, the CDEP Scheme payment is not ordinary income of the person.

(4)
This section applies in respect of payment periods beginning on or after 20 March 2000.

(5)
In this section:

threshold :

(a)
in relation to a person, means the amount referred to in column 4 of Table A in this subsection that is applicable in relation to the person having regard to the type of pension, allowance, benefit or payment referred to in column 2 of that table that would be payable to the person if the person were not a CDEP Scheme participant and the situation (if any) referred to in column 3 of that table that is applicable to the person; or

(b)
in relation to the partner of a person, means:

(i)
if the partner is not receiving any pension, allowance, benefit or other payment under this Act—the amount specified in item 7 of column 3B of Table B in point 1068-B1; or
(ii)
if the partner is receiving a pension, allowance, benefit or other payment under this Act—the amount that would be applicable under the appropriate item in Table A in this subsection if that table applied to the partner, having regard to the type of pension, allowance, benefit or other payment referred to in column 2 of that table that is payable to the partner and the situation (if any) referred to in column 3 of that table that is applicable to the partner.

Table A—Threshold amounts
Column 1
Item
Column 2
Type of pension, allowance, benefit or payment
Column 3
Situation
Column 4
Person's threshold
1
Age pension
Not member of a couple
The amount specified in column 3B of item 4A of Table B in point 1068-B1
2
Age pension
Member of a couple
The amount specified in column 3B of item 7 of Table B in point 1068-B1
3
Disability support pension
Not member of a couple
The amount specified in column 3B of item 4A of Table B in point 1068-B1 or the amount specified in column 4B of the item of Table B in point 1066A-B1 (including any amount required to be added by point 1066A-C1) that would apply to the person if the person were not a CDEP Scheme participant, whichever is the lesser
4
Disability support pension
Member of a couple
The amount specified in column 3B of item 7 of Table B in point 1068-B1 or the amount specified in column 4B of the item in Table B in point 1066A-B1 (including any amount required to be added by point 1066A-C1) that would apply to the person if the person were not a CDEP Scheme participant, whichever is the lesser
5
Wife pension

The amount specified in column 3B of item 7 of Table B in point 1068-B1
6
Carer payment
Not member of a couple
The amount specified in column 3B of item 4A of Table B in point 1068-B1
7
Carer payment
Member of a couple
The amount specified in column 3B of item 7 of Table B in point 1068-B1
8
Bereavement allowance
Not member of a couple
The amount specified in column 3B of item 4A of Table B in point 1068-B1
9
Bereavement allowance
Member of a couple
The amount specified in column 3B of item 7 of Table B in point 1068-B1
10
Widow B pension

The amount specified in column 3B of item 4A of Table B in point 1068-B1
11
Special needs pension
Not member of a couple
The amount specified in column 3B of item 4A of Table B in point 1068-B1
12
Special needs pension
Member of a couple
The amount specified in column 3B of item 7 of Table B in point 1068-B1
13
Mature age allowance under Part 2.12A
Not member of a couple
The amount specified in column 3B of item 4A of Table B in point 1068-B1
14
Mature age allowance under Part 2.12A
Member of a couple
The amount specified in column 3B of item 7 of Table B in point 1068-B1
15
Mature age partner allowance

The amount specified in column 3B of item 7 of Table B in point 1068-B1
16
Newstart allowance
Not member of a couple and is under the age of 60
The amount specified in column 3B of item 4A of Table B in point 1068-B1 or the maximum basic rate that would apply to the person if the person were not a CDEP Scheme participant, whichever is the lesser
17
Newstart allowance
Not member of a couple, is over the age of 60, and has been receiving for a continuous period of at least 9 months one or more of a social security pension, a social security benefit or a service pension
The amount specified in column 3B of item 5 of Table B in point 1068-B1
18
Newstart allowance
Not member of a couple, is over the age of 60, and has not been receiving for a continuous period of at least 9 months one or more of a social security pension, a social security benefit or a service pension
The amount specified in column 3B of item 4B of Table B in point 1068-B1
19
Newstart allowance
Not member of a couple and has a dependent child
The amount specified in column 3A of item 4A of Table B in point 1068-B1
20
Newstart allowance
Member of illness separated couple, whether or not the person has a dependent child
The amount specified in column 3B of item 9 of Table B in point 1068-B1 or the maximum basic rate that would apply to the person if the person were not a CDEP Scheme participant, whichever is the lesser
21
Newstart allowance
Member of a couple whether or not the person has a dependent child
The amount specified in column 3B of item 7 of Table B in point 1068-B1 or the maximum basic rate that would apply to the person if the person were not a CDEP Scheme participant, whichever is the lesser
22
Newstart allowance
Member of a couple but partner in gaol
The amount specified in column 3B of item 11 of Table B in point 1068-B1 or the maximum basic rate that would apply to the person if the person were not a CDEP Scheme participant, whichever is the lesser
23
Widow allowance
Under the age of 60
The amount specified in column 3B of item 4A of Table B in point 1068-B1
24
Widow allowance
Over the age of 60 and has been receiving for a continuous period of at least 9 months one or more of a social security pension, a social security benefit or a service pension
The amount specified in column 3B of item 5 of Table B in point 1068-B1
25
Widow allowance
Over the age of 60 and has not been receiving for a continuous period of at least 9 months one or more of a social security pension, a social security benefit or a service pension
The amount specified in column 3B of item 4B of Table B in point 1068-B1
26
Special benefit
Not member of a couple
The amount specified in column 3B of item 4A of Table B in point 1068-B1 or the maximum basic rate that would apply to the person if the person were not a CDEP Scheme participant, whichever is the lesser
27
Special benefit
Member of a couple
The amount specified in column 3B of item 7 of Table B in point 1068-B1 or the maximum basic rate that would apply to the person if the person were not a CDEP Scheme participant, whichever is the lesser
28
Partner allowance

The amount specified in column 3B of item 7 of Table B in point 1068-B1 or the maximum basic rate that would apply to the person if the person were not a CDEP Scheme participant, whichever is the lesser
29
Mature age allowance under Part 2.12B
Not member of a couple
The amount specified in column 3B of item 5A of Table B in point 1068-B1
30
Mature age allowance under Part 2.12B
Member of a couple
The amount specified in column 3B of item 7 of Table B in point 1068-B1
31
Parenting payment
Not member of a couple
The amount specified in column 3B of item 4A of Table B in point 1068-B1
32
Parenting payment
Member of a couple
The amount specified in column 3B of item 7 of Table B in point 1068-B1 or the maximum basic rate that would apply to the person if the person were not a CDEP Scheme participant, whichever is the lesser
33
Youth allowance
Not independent
The amount specified in column 3 of the item of Table BA in point 1067G-B2 that would apply to the person if the person were not a CDEP Scheme participant
34
Youth allowance
Independent
The amount specified in column 3 of the item of Table BB in point 1067G-B3 that would apply to the person if the person were not a CDEP Scheme participant
Note: For CDEP Scheme payment see subsection 23(1).

Division 3—CDEP Scheme Participant Supplement 1188D Entitlement to Supplement: people receiving pension-type payments on or after 20 March 1999

(1)
This section applies in respect of:

(a)
payment periods beginning on or after 20 March 1999; and

(b)
pension paydays occurring on or after that date.

(2)
This section applies to a person in respect of a payment period (the relevant payment period ) or in respect of a pension payday (the relevant pension payday ) if:

(a)
an instalment of any of the following:

(i)
age pension;
(ii)
disability support pension;
(iii)
wife pension;
(iv)
carer payment;
(v)
parenting payment at the rate applicable for a person who is not a member of a couple;
(vi)
bereavement allowance;
(vii)
widow B pension;
(viii)
special needs pension;
(ix)
mature age allowance under Part 2.12A;
(x)
mature age partner allowance;
is payable to a person in respect of the relevant payment period or the relevant pension payday; and

(b)
the person meets the requirements of subsection (3) or (4).

(3)
The requirements of this subsection are:

(a)
that the person is a CDEP Scheme participant in respect of the relevant payment period or the relevant pension payday; and

(b)
that a CDEP Scheme payment is payable to the person in respect of the relevant payment period or the relevant pension payday.

(4)
The requirements of this subsection are:

(a)
that the person is a CDEP Scheme participant in respect of the relevant payment period or the relevant pension payday; and

(b)
that a CDEP Scheme payment was payable to the person:

(i)
in respect of a payment period the whole or a part of which occurred within the 3 payment periods immediately before the relevant payment period; or
(ii)
in respect of the 3 pension paydays immediately before the relevant pension payday.
(5)
If this section applies to the person in respect of the relevant payment period or the relevant pension payday, then, subject to subsection (6), a CDEP Scheme Participant Supplement of $20 is payable to the person in respect of that period or payday.

Note: For CDEP Scheme payment see subsection 23(1).

(6)
A person cannot receive more than one payment of CDEP Scheme Participant Supplement in respect of a fortnightly period.

1188E Entitlement to Supplement between 20 March 1999 and 19 March 2000: people not covered by section 1188D
(1)
This section applies in respect of:

(a)
payment periods beginning on or after 20 March 1999 and not later than 19 March 2000; or

(b)
pension paydays occurring on or after 20 March 1999 and not later than 19 March 2000.

(2)
This section applies to a person in respect of a payment period (the relevant payment period ) or in respect of a pension payday (the relevant pension payday ) if the person meets the requirements of subsections (3) and (4).

(3)
The requirements of this subsection are:

(a)
that the person is a CDEP Scheme participant in respect of the relevant payment period or the relevant pension payday; and

(b)
that a CDEP Scheme payment was payable to the person:

(i)
in respect of a payment period the whole or a part of which occurred within the 3 payment periods immediately before the relevant payment period; or
(ii)
in respect of the 3 pension paydays immediately before the relevant pension payday.
(4)
The requirement of this subsection is that the person satisfies the CDEP Scheme Participant Supplement income test in respect of the relevant payment period, or in respect of the payment period in which the relevant pension payday occurs, as mentioned in subsection (5) or (6), as the case requires.

(5)
This is how to work out whether a person who is not a member of a couple satisfies the CDEP Scheme Participant Supplement income test in respect of a payment period.

Method statement

Step 1 . If Benefit Rate Calculator B does not apply to the person, assume that it applies.
Step 2 . Work out the total amount of any CDEP Scheme payments payable to the person in respect of the period.
Step 3 . Assume that the person's ordinary income worked out on a fortnightly basis is increased by that total amount.
Step 4 . Assume that the person's maximum basic rate is the sum of:

(a) the amount specified in column 3B of item 4A of Table B in point 1068-B1; and
(b) the amount specified in column 4 of item 1 of Table F in point 1068-F15.

Step 5 . Work out the person's provisional payment rate for the period under Benefit Rate Calculator B on the assumptions referred to in Steps 3 and 4.
Step 6 . The person satisfies the CDEP Scheme Participant Supplement income test in respect of the period if the person's provisional payment rate worked out under Step 5 is greater than zero.

(6)
This is how to work out whether a person who is a member of a couple satisfies the CDEP Scheme Participant Supplement income test in respect of a payment period.

Method statement

Step 1 . If Benefit Rate Calculator B does not apply to the person, assume that it applies.
Step 2 . Work out the total amount of any CDEP Scheme payments payable to the person in respect of the period.
Step 3 . Assume that the person's ordinary income worked out on a fortnightly basis is increased by that total amount.
Step 4 . Work out the total amount of any CDEP Scheme payments payable to the person's partner in respect of the period.
Step 5 . Assume that the person's partner's ordinary income worked out on a fortnightly basis is increased by the total amount worked out under Step 4.
Step 6 . Assume that the person's maximum basic rate is the sum of:

(a) the amount specified in column 3B of item 7 of Table B in point 1068-B1; and
(b) the amount specified in column 4 of item 2 of Table F in point 1068-F15.

Step 7 . Work out the person's provisional payment rate for the period under Benefit Rate Calculator B on the assumptions referred to in Steps 3, 5 and 6.
Step 8 . The person satisfies the CDEP Scheme Participant Supplement income test in respect of the period if the person's provisional payment rate worked out under Step 7 is greater than zero.

(7)
If this section applies to the person in respect of the relevant payment period or the relevant pension payday then, subject to subsections (8) and (9), a CDEP Scheme Participant Supplement of $20 is payable to the person in respect of that period or payday.

(8)
A CDEP Scheme Participant Supplement is not payable to a person under subsection (7) if:

(a)
the Secretary has made a request of the person in respect of the tax file number of the person or of his or her partner; and

(b)
the person has failed to satisfy the request; and

(c)
the Secretary has not exempted the person from having to satisfy the request.

Note 1: CDEP Scheme participant see subsection 23(1).

Note 2: For CDEP Scheme payment see subsection 23(1).

(9)
A person cannot receive more than one payment of CDEP Scheme Participant Supplement in respect of a fortnightly period.

1188F Entitlement to Supplement on or after 20 March 2000: people not covered by section 1188D
(1)
This section applies in respect of payment periods beginning on or after 20 March 2000.

(2)
Subject to subsection (3), this section applies to a person:

(a)
in respect of a payment period (the relevant payment period ) if the person is qualified in respect of that period for any of the following:

(i)
widow allowance;
(ii)
newstart allowance;
(iii)
youth allowance;
(iv)
special benefit;
(v)
parenting payment at the rate applicable for a person who is a member of a couple;
(vi)
partner allowance;
(vii)
mature age allowance under Part 2.12B; or
(b)
in respect of a payment period (also the relevant payment period ) if the person is qualified in respect of that period for any of the following:

(i)
age pension;
(ii)
disability support pension;
(iii)
wife pension;
(iv)
carer payment;
(v)
parenting payment at the rate applicable for a person who is not a member of a couple;
(vi)
bereavement allowance;
(vii)
widow B pension;
(viii)
special needs pension;
(ix)
mature age allowance under Part 2.12A;
(x)
mature age partner allowance;
but the pension, payment or allowance for which the person is qualified under this paragraph is not payable to the person in respect of that period.

(3)
This section does not apply to a person in respect of the relevant payment period unless the person meets the requirements of subsections (4), (5), (6) and (7) in respect of the relevant payment period.

(4)
The requirements of this subsection are:

(a)
that the person is a CDEP Scheme participant in respect of the relevant payment period; and

(b)
that a CDEP Scheme payment was payable to the person in respect of a payment period the whole or a part of which occurred within the 3 payment periods immediately before the relevant payment period.

(5)
The requirement of this subsection is that the person satisfies the CDEP Scheme Participant Supplement income test in respect of the relevant payment period as mentioned in subsection (8) or (9), as the case requires.

(6)
The requirement of this subsection is that the relevant payment period does not fall within:

(a)
a waiting period; or

(b)
a liquid assets test waiting period; or

(c)
a lump sum preclusion period; or

(d)
a compensation preclusion period (see Part 3.14).

(7)
The requirement of this subsection is that the relevant payment period occurs within a period in respect of which the relevant allowance, benefit or payment referred to in paragraph (2)(a) or the relevant pension, payment or allowance referred to in paragraph (2)(b) is not payable to the person because of the operation of a provision of this Act relating to:

(a)
seasonal or intermittent workers; or

(b)
the value of the assets of the person or of his or her partner.

(8)
This is how to work out whether a person who is not a member of a couple satisfies the CDEP Scheme Participant Supplement income test in respect of a payment period.

Method statement

Step 1 . If Benefit Rate Calculator B does not apply to the person, assume that it applies.
Step 2 . Work out the total amount of any CDEP Scheme payments payable to the person in respect of the period.
Step 3 . Assume that the person's ordinary income worked out on a fortnightly basis is increased by that total amount.
Step 4 . Assume that the person's maximum basic rate is the sum of:

(a) the amount specified in column 3B of item 4A of Table B in point 1068-B1; and
(b) the amount specified in column 4 of item 1 of Table F in point 1068-F15.

Step 5 . Work out the person's provisional payment rate for the period under Benefit Rate Calculator B on the assumptions referred to in Steps 3 and 4.
Step 6 . The person satisfies the CDEP Scheme Participant Supplement income test in respect of the period if the person's provisional payment rate worked out under Step 5 is greater than zero.

(9)
This is how to work out whether a person who is a member of a couple satisfies the CDEP Scheme Participant Supplement income test in respect of a payment period.

Method statement

Step 1 . If Benefit Rate Calculator B does not apply to the person, assume that it applies.
Step 2 . Work out the total amount of any CDEP Scheme payments payable to the person in respect of the period.
Step 3 . Assume that the person's ordinary income worked out on a fortnightly basis is increased by that total amount.
Step 4 . Work out the total amount of any CDEP Scheme payments payable to the person's partner in respect of the period.
Step 5 . Assume that the person's partner's ordinary income worked out on a fortnightly basis is increased by the total amount worked out under Step 4.
Step 6 . Assume that the person's maximum basic rate is the sum of:

(a) the amount specified in column 3B of item 7 of Table B in point 1068-B1; and
(b) the amount specified in column 4 of item 2 of Table F in point 1068-F15.

Step 7 . Work out the person's provisional payment rate for the period under Benefit Rate Calculator B on the assumptions referred to in Steps 3, 5 and 6.
Step 8 . The person satisfies the CDEP Scheme Participant Supplement income test in respect of the period if the person's provisional payment rate worked out under Step 7 is greater than zero.

(10)
If this section applies to the person in respect of the relevant payment period, then, subject to subsections (11) and (12), a CDEP Scheme Participant Supplement of $20 is payable to the person in respect of that period.

(11)
A CDEP Scheme Participant Supplement is not payable to a person under subsection (10) if:

(a)
the Secretary has made a request of the person in respect of the tax file number of the person or of his or her partner; and

(b)
the person has failed to satisfy the request; and

(c)
the Secretary has not exempted the person from having to satisfy the request.

Note 1: CDEP Scheme participant see subsection 23(1).

Note 2: For CDEP Scheme payment see subsection 23(1).

(12)
A person cannot receive more than one payment of CDEP Scheme Participant Supplement in respect of a fortnightly period.

1188G Notification of periods in respect of which a CDEP Scheme payment is not payable
If:

(a)
section 1188F applies to a person; and

(b)
a CDEP Scheme payment is payable to the person in respect of a payment period beginning on or after 20 March 2000; and

(c)
a CDEP Scheme payment is not payable to the person in respect of the next following payment period;

the person must notify the Secretary, as soon as practicable after section 1188F ceases to apply to the person, that a CDEP Scheme payment is not payable to the person in respect of that following payment period.

1188H Person receiving CDEP Scheme Participant Supplement to be taken to be in receipt of social security benefit or pension
A person who receives a CDEP Scheme Participant Supplement in respect of a payment period beginning on or after 20 March 2000 is taken, for the purposes of this Act, to be in receipt of the social security benefit or social security pension for which the person is qualified in respect of that period.

1188J CDEP Scheme participant may accumulate supplement
(1)
A person who is a CDEP Scheme participant, and is not in receipt of a social security pension, in respect of the whole or a part of a quarter beginning on or after 20 March 2000 may, by written notice given to the Secretary, choose to accumulate the amounts of any supplement that:

(a)
became or become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant and is not in receipt of a social security pension; and

(b)
have not already been paid.

(2)
A person who is or was a CDEP Scheme participant in respect of the whole or a part of a quarter ending before 20 March 2000 is taken to have chosen under this subsection to accumulate the amounts of any supplement that became payable to the person in respect of that quarter.

(3)
If a person makes a choice under subsection (1), the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after:

(a)
unless paragraph (b) applies—the last day of the quarter or 19 March 2000, whichever is the later; or

(b)
if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases or 19 March 2000, whichever is the later.

(4)
Any accumulated amounts payable to a person to whom subsection (2) applies are to be paid at such times (not later than 19 March 2000) as the Secretary determines.

(5)
In this section:

quarter means a CDEP Scheme quarter.

Note 1: For CDEP Scheme participant see section 1188B.

Note 2: For CDEP Scheme quarter see subsection 23(1).

1188K Need for a claim

(1)
A person who wants to be granted a CDEP Scheme Participant Supplement must make a proper claim for the supplement.

(2)
To be a proper claim, a claim must be made in such manner, and within such period, as the Secretary determines.

Division 4—Transitional 1188L Existing CDEP Scheme participants to be treated as long-term social security recipients
A person who, if this Part had been in force on 19 March 2000, would have been a CDEP Scheme participant in respect of that day for the purposes of this Part is taken, for the purposes of the definition of long-term social security recipient in subsection 23(1), to have had social security recipient status continuously for the period of 52 weeks ending on that day.

1188M Certain people receiving CDEP Scheme Participant Supplement to be taken to have been receiving social security benefit for 9 months
A person who receives CDEP Scheme Participant Supplement:

(a)
in respect of both 19 March 2000 (the first qualifying day ) and the following day (the second qualifying day ); or

(b)
in respect of both the payment period in which the first qualifying day occurs and the payment period in which the second qualifying day occurs;

is taken, for the purposes of the definition of pensioner in subsection 4(1) of the National Health Act 1953 , to have been receiving the social security benefit on the first qualifying day for a continuous period of 9 months.

54 After subsection 1231(1A)

Insert:

(1B)
If the person concerned elects in writing that this subsection is to apply in relation to him or her, the Secretary may decide under subsection (1A) that the amount by which each payment of the person's social security payment is to be reduced is such amount as results in reducing the payment to nil.

55 Benefits of single parents who are CDEP participants not to be reduced

(1)
Section 1188C inserted in the Social Security Act 1991 by item 53 does not apply in respect of a person who, immediately before the day on which this Act receives the Royal Assent:

(a)
was in receipt of parenting payment at the rate applicable for a person who is not a member of a couple; and

(b)
was a CDEP participant.

(2)
However, if such a person ceases on or after that day to be a CDEP participant, subitem (1) ceases to have effect in respect of the person whether or not he or she afterwards again becomes a CDEP participant.


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