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FAMILY ASSISTANCE, SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT (2005 BUDGET AND OTHER MEASURES) ACT 2006 (NO. 36, 2006) - SCHEDULE 7

Portability and Medical Treatment Overseas Program

   

A New Tax System (Family Assistance) Act 1999

1  At the end of section 63A

Add:

             (3)  The Secretary may extend the 13 week period referred to in subsection 62(2) or 63(2) if the Secretary is satisfied that, under the Medical Treatment Overseas Program administered by the Minister who administers the National Health Act 1953 , financial assistance is payable in respect of the absence from Australia of the individual mentioned in subsection 62(2) or of the FTB child mentioned in subsection 63(2).

Note:       The heading to section 63A is altered by omitting “ 26 week ” and substituting “ 13 week ”.

Social Security Act 1991

2  After section 1218C

Insert:

1218D   Extension of person’s portability period—life‑saving medical treatment overseas

             (1)  The Secretary may extend the person’s portability period for the payment if the Secretary is satisfied that, under the Medical Treatment Overseas Program administered by the Minister who administers the National Health Act 1953 , financial assistance is payable in respect of the person’s absence from Australia.

             (2)  If the Secretary extends a person’s portability period under subsection (1), the person’s portability period for the payment, for the purposes of this Part, is the extended period.

Note:       The heading to section 1218C is altered by adding at the end “ —general ”.

3  At the end of paragraph 1220(1)(e)

Add “and”.

4  After paragraph 1220(1)(e)

Insert:

                      (f)  financial assistance is not payable in respect of the person’s absence from Australia under the Medical Treatment Overseas Program administered by the Minister who administers the National Health Act 1953 ;

5  At the end of paragraph 1220(2)(e)

Add “and”.

6  After paragraph 1220(2)(e)

Insert:

                      (f)  financial assistance is not payable in respect of the person’s absence from Australia under the Medical Treatment Overseas Program administered by the Minister who administers the National Health Act 1953 ;

7  Application of items 1 and 2

(1)        The amendments made by items 1 and 2 of this Schedule apply to financial assistance payable in respect of absences from Australia that begin after the commencement of this Schedule.

(2)        The amendments made by items 1 and 2 of this Schedule apply to financial assistance payable in respect of an absence from Australia that began before the commencement of this Schedule, if, at the time this Schedule commences:

                     (a)  the absence has not ended; and

                     (b)  the maximum portability period for the payment, determined as if the amendments made by items 1 and 2 did not apply, has not expired.

8  Application of items 3, 4, 5 and 6

The amendments made by items 3, 4, 5 and 6 of this Schedule apply to persons who leave Australia as mentioned in paragraphs 1220(1)(e) and (2)(e) after the commencement of this Schedule.


 



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