Commonwealth Numbered Acts Commonwealth Numbered Acts
Farm Household Support Act 2014
1 Section 4
Omit:
(d) additional funding (called the FHA supplement) for persons to whom farm household allowance is payable at any time between 1 September 2018 and 1 June 2019.
substitute:
(d) additional funding (called the FHA supplement) for a person to whom farm household allowance is payable at any time between 1 September 2018 and 1 June 2019; and
(e) a relief payment for a person if 1,460 days of farm household allowance have been payable to the person before 1 July 2020; and
(f) if the Minister's rules prescribe other circumstances in which a relief payment may be made--a relief payment for a person in those circumstances.
2 Subsection 5(1)
Insert:
"relief payment " means an amount payable under Part 4B.
3 After Part 4A
Insert:
89D Simplified outline of this Part
This Part is about relief payments.
A person qualifies for a relief payment if 1,460 days of farm household allowance have been payable to the person before 1 July 2020.
The Minister's rules may also prescribe circumstances in which other relief payments may be made.
A claim is not required for a relief payment. The rules dealing with how relief payments are made and review of decisions relating to relief payments are found in the Social Security Act and the Social Security Administration Act. (This is because Part 5 of this Act applies the Social Security Act and the Social Security Administration Act in relation to relief payments.)
89E Qualification for relief payment
(1) A person is qualified for a relief payment if 1,460 days of farm household allowance have been payable to the person before 1 July 2020.
(2) A person also qualifies for a relief payment in the circumstances (if any) prescribed by the Minister's rules.
(1) The amount of relief payment under subsection 89E(1) for a person is:
(a) if the person's rate of farm household allowance on the 1,460th day that farm household allowance was payable to the person was calculated by reference to the person being a member of a couple--$6,500; or
(b) otherwise--$7,500.
(2) The amount of relief payment under subsection 89E(2) for a person in circumstances prescribed by the Minister's rules is the amount prescribed by the Minister's rules for the relief payment for those circumstances.
Overpayments of relief payments are not debts
(3) If:
(a) an amount of relief payment under subsection 89E(1) or (2) is paid to a person; and
(b) the amount should not have been paid to the person;
the amount is not a debt due to the Commonwealth.
(4) Subsection (3) does not apply to an amount of relief payment obtained by fraud.
4 Section 90
Omit:
The farm household allowance, the activity supplement, the farm financial assessment supplement and the FHA supplement are all treated as if they were social security payments. As a result, the general rules in the Social Security Act and Social Security Administration Act relating to claims, how payments are made and review of decisions apply in relation payments under this Act.
substitute:
The farm household allowance, the activity supplement, the farm financial assessment supplement, the FHA supplement and a relief payment are all treated as if they were social security payments. As a result, the general rules in the Social Security Act and Social Security Administration Act relating to claims, how payments are made and review of decisions apply in relation to payments under this Act.
5 Section 91 (example)
Omit "farm financial assessment supplement and FHA supplement", substitute "farm financial assessment supplement, FHA supplement and relief payment".
6 Subsection 93(1) (table item 6)
Omit "farm financial assessment supplement and FHA supplement", substitute "farm financial assessment supplement, FHA supplement and relief payment".
7 Section 95 (table item 14)
After "FHA supplement", insert "or relief payment".
8 Subsection 105(3)
Omit "Division 3 of Part 4 (farm financial assessment supplement) or Part 4A (FHA supplement)", substitute "Division 3 of Part 4 (farm financial assessment supplement), Part 4A (FHA supplement) or Part 4B (relief payment)".
Social Security (Administration) Act 1999
9 Section 12L
Repeal the section, substitute:
12L FHA supplement and relief payment
A claim is not required for FHA supplement or relief payment.
10 Subsection 47(1) (after paragraph (hx) of the definition of lump sum benefit )
Insert:
(hy) relief payment; or
11 Section 47CB (at the end of the heading)
Add " or relief payment ".
12 Section 47CB
Omit "FHA supplement for a qualifying period (within the meaning of the Farm Household Support Act 2014 ), the Secretary must pay the supplement", substitute "FHA supplement for a qualifying period (within the meaning of the Farm Household Support Act 2014 ), or relief payment, the Secretary must pay the supplement or payment".
13 Subclause 1(1) of Schedule 1
Insert:
"relief payment " has the meaning given by the Farm Household Support Act 2014 .