Commonwealth Numbered Acts

FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (BUDGET AND OTHER MEASURES) ACT 2011 (NO. 34, 2011) - SCHEDULE 2

Social Security Act 1991

1  After paragraph 94(1)(e)

Insert:

                    (ea)  either:

                              (i)  the person is an Australian resident; or

                             (ii)  the person is absent from Australia and all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person; and

2  After paragraph 94A(1)(j)

Insert:

                    (ja)  either:

                              (i)  the person is an Australian resident; or

                             (ii)  the person is absent from Australia and all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person; and

3  At the end of subsection 94A(1)

Add:

Note:          For Australian resident see section 7.

4  At the end of subsection 95(1)

Add:

            ; and (d)  either:

                              (i)  the person is an Australian resident; or

                             (ii)  the person is absent from Australia and all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person.

5  Section 1212

Insert:

"Australian resident disability support pensioner" means a person who qualifies for disability support pension only because he or she is an Australian resident.

6  Section 1212

Insert:

"terminally ill overseas disability support pensioner" means a person who qualifies for disability support pension because all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person.

7  Section 1217 (table item 3)

Repeal the item, substitute:

7A  After section 1218AA

Insert:

1218AB   Extended portability period for disability support pension

             (1)  The Secretary may, by written determination, extend the person's portability period for disability support pension if all of the following circumstances (the qualifying circumstances ) exist:

                     (a)  the person is severely disabled (see subsection 23(4B));

                     (b)  the person is receiving disability support pension;

                     (c)  the person is wholly or substantially dependent on a family member of the person (see subsection 23(14));

                     (d)  the Secretary is satisfied that the person will be living with the family member of the person throughout the period of absence;

                     (e)  the family member of the person is engaged in employment in Australia for an employer immediately before the start of the period of absence;

                      (f)  the Secretary is satisfied that the family member of the person will be engaged in employment outside Australia for that employer throughout the period of absence.

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

             (3)  The Secretary may revoke the determination if any of the qualifying circumstances ceases to exist.

             (4)  A determination under subsection (1) is not a legislative instrument.

Note:       The heading to section 1218AA is altered by omitting " Extended " and substituting " Unlimited ".

8  At the end of Part 3 of Schedule 1A

Add:

150   Persons exempt from requirement to be Australian residents to qualify for disability support pension

                   Paragraphs 94(1)(ea), 94A(1)(ja) and 95(1)(d) do not affect the qualification for disability support pension of:

                     (a)  a person to whom the provisions mentioned in subclause 128(1) continue to apply as described in that subclause; or

                     (b)  a person who is covered by a determination under clause 135.

Note:          Those paragraphs are in Subdivision A of Division 1 of Part 2.3, which is about qualification for disability support pension.