Commonwealth Numbered Acts Commonwealth Numbered Acts1 After section 20
Insert:
20A Pension supplement rate definitions
(1) The combined couple rate of pension supplement is the sum of the following:
(a) 4 times the annual rate of utilities allowance for a person who is a member of a couple (other than an illness separated couple, respite care couple or temporarily separated couple);
(b) twice the annual rate of telephone allowance for a person:
(i) to whom section 1061SB (increased rate for home internet) applies; and
(ii) who is partnered (partner getting pension or benefit, and partner getting telephone allowance at the increased rate);
(c) twice the annual rate of pharmaceutical allowance for a person who is partnered;
(d) twice the pension supplement basic amount for a person who is partnered;
(e) if $525.20 exceeds twice the annual rate of utilities allowance for a person who is a member of a couple (other than an illness separated couple, respite care couple or temporarily separated couple)--the amount of the excess;
rounded up to the nearest multiple of $5.20.
Note 1: This rate is indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).
Note 2: This rate is an annual rate.
(2) The combined couple rate of minimum pension supplement is the sum of the following:
(a) 4 times the annual rate of utilities allowance for a person who is a member of a couple (other than an illness separated couple, respite care couple or temporarily separated couple);
(b) twice the annual rate of telephone allowance for a person:
(i) to whom section 1061SB (increased rate for home internet) applies; and
(ii) who is partnered (partner getting pension or benefit, and partner getting telephone allowance at the increased rate);
rounded up to the nearest multiple of $5.20.
Note 1: This rate is indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).
Note 2: This rate is an annual rate.
(3) For the purposes of subsection (1) or (2), a rate mentioned in a paragraph of that subsection is that rate as at 20 September 2009.
Note: Those subsections adopt those rates as indexed on 20 September 2009.
(4) A person's minimum pension supplement amount is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of minimum pension supplement; and
(b) if:
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (a) is not a multiple of $2.60;
rounding the amount up or down to the nearest multiple of $2.60 (rounding up if the amount is not a multiple of $2.60 but is a multiple of $1.30).
|
Item |
Person's family situation |
Use this % |
|
1 |
Not member of couple |
66.33% |
|
2 |
Partnered |
50% |
|
3 |
Member of illness separated couple |
66.33% |
|
4 |
Member of respite care couple |
66.33% |
|
5 |
Partnered (partner in gaol) |
66.33% |
Note: A person's minimum pension supplement amount is an annual rate.
(5) A person's pension supplement basic amount depends on which family situation in the following table applies to the person. The person's pension supplement basic amount immediately before 20 September 2009 is the corresponding amount set out in the table.
|
Item |
Person's family situation |
Amount as at 19 September 2009 |
|
1 |
Not member of couple |
$507 |
|
2 |
Partnered |
$423.80 |
|
3 |
Member of illness separated couple |
$507 |
|
4 |
Member of respite care couple |
$507 |
|
5 |
Partnered (partner in gaol) |
$507 |
Note 1: The amount in each item of the table will be indexed on 20 September 2009 in line with any increase in CPI (see subsection 1192(3C)).
Note 2: For the purposes of provisions other than subsection (1), each of those indexed amounts will be further indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).
Note 3: A person's pension supplement basic amount is an annual rate.
(6) The daily rate of tax‑exempt pension supplement , for a person who is receiving a social security payment calculated for that day using a pension supplement amount, is the amount worked out as follows:
(a) subtract the person's pension supplement basic amount from:
(i) if the Rate Calculator produces an annual rate--the person's pension supplement amount; or
(ii) if the Rate Calculator produces a fortnightly rate--26 times the person's pension supplement amount;
(b) divide the result of paragraph (a) by 364.
Note: The portion of the person's social security payment equal to the tax‑exempt pension supplement is exempt from income tax (see sections 52‑10 and 52‑15 of the Income Tax Assessment Act 1997 ).
Part 2 -- Amendment of Rate Calculators
2 Point 1064‑A1 (method statement, step 2)
Repeal the step.
3 Point 1064‑A1 (method statement, step 4)
Omit ", 2".
4 Section 1064 (Module BA)
Repeal the Module, substitute:
Module BA -- Pension supplement
Pension supplement
1064‑BA1 A pension supplement amount is to be added to the person's maximum basic rate.
Residents in Australia etc.
1064‑BA2 If the person is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks;
the person's pension supplement amount is:
(c) if an election by the person under subsection 1061VA(1) is in force--the amount worked out under point 1064‑BA4; and
(d) otherwise--the amount worked out under point 1064‑BA3.
Residents in Australia etc.--no election in force
1064‑BA3 The person's pension supplement amount is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and
(b) if:
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (a) is not a multiple of $2.60;
rounding the amount up or down to the nearest multiple of $2.60 (rounding up if the amount is not a multiple of $2.60 but is a multiple of $1.30).
|
Item |
Person's family situation |
Use this % |
|
1 |
Not member of couple |
66.33% |
|
2 |
Partnered |
50% |
|
3 |
Member of illness separated couple |
66.33% |
|
4 |
Member of respite care couple |
66.33% |
|
5 |
Partnered (partner in gaol) |
66.33% |
Note: For combined couple rate of pension supplement , see subsection 20A(1).
Residents in Australia etc.--election in force
1064‑BA4 The person's pension supplement amount is the amount worked out as follows:
(a) work out the amount for the person under point 1064‑BA3 as if the election were not in force;
(b) from that amount, subtract the person's minimum pension supplement amount.
Persons absent from Australia for more than 13 weeks
1064‑BA5 If the person is not covered by point 1064‑BA2, the person's pension supplement amount is the person's pension supplement basic amount.
5 Section 1064 (Module C)
Repeal the Module.
6 Point 1065‑A1 (method statement, step 3)
Repeal the step.
7 Point 1065‑A1 (method statement, step 4)
Omit ", 2A and 3", substitute: "and 2A".
8 Section 1065 (Module BA)
Repeal the Module, substitute:
Module BA -- Pension supplement
Pension supplement
1065‑BA1 A pension supplement amount is to be added to the person's maximum basic rate.
Residents in Australia etc.
1065‑BA2 If the person is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks;
the person's pension supplement amount is:
(c) if an election by the person under subsection 1061VA(1) is in force--the amount worked out under point 1065‑BA4; and
(d) otherwise--the amount worked out under point 1065‑BA3.
Residents in Australia etc.--no election in force
1065‑BA3 The person's pension supplement amount is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and
(b) if:
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (a) is not a multiple of $2.60;
rounding the amount up or down to the nearest multiple of $2.60 (rounding up if the amount is not a multiple of $2.60 but is a multiple of $1.30).
|
Item |
Person's family situation |
Use this % |
|
1 |
Not member of couple |
66.33% |
|
2 |
Partnered |
50% |
|
3 |
Member of illness separated couple |
66.33% |
|
4 |
Member of respite care couple |
66.33% |
|
5 |
Partnered (partner in gaol) |
66.33% |
Note: For combined couple rate of pension supplement , see subsection 20A(1).
Residents in Australia etc.--election in force
1065‑BA4 The person's pension supplement amount is the amount worked out as follows:
(a) work out the amount for the person under point 1065‑BA3 as if the election were not in force;
(b) from that amount, subtract the person's minimum pension supplement amount.
Persons absent from Australia for more than 13 weeks
1065‑BA5 If the person is not covered by point 1065‑BA2, the person's pension supplement amount is the person's pension supplement basic amount.
9 Section 1065 (Module C)
Repeal the Module.
10 Point 1066‑A1 (method statement, step 2)
Repeal the step.
11 Point 1066‑A1 (method statement, step 4)
Omit ", 2".
12 Section 1066 (Module BA)
Repeal the Module, substitute:
Module BA -- Pension supplement
Pension supplement
1066‑BA1 A pension supplement amount is to be added to the person's maximum basic rate.
Residents in Australia etc.
1066‑BA2 If the person is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks;
the person's pension supplement amount is:
(c) if an election by the person under subsection 1061VA(1) is in force--the amount worked out under point 1066‑BA4; and
(d) otherwise--the amount worked out under point 1066‑BA3.
Residents in Australia etc.--no election in force
1066‑BA3 The person's pension supplement amount is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and
(b) if:
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (a) is not a multiple of $2.60;
rounding the amount up or down to the nearest multiple of $2.60 (rounding up if the amount is not a multiple of $2.60 but is a multiple of $1.30).
|
Item |
Person's family situation |
Use this % |
|
1 |
Not member of couple |
66.33% |
|
2 |
Partnered |
50% |
|
3 |
Member of illness separated couple |
66.33% |
|
4 |
Member of respite care couple |
66.33% |
|
5 |
Partnered (partner in gaol) |
66.33% |
Note: For combined couple rate of pension supplement , see subsection 20A(1).
Residents in Australia etc.--election in force
1066‑BA4 The person's pension supplement amount is the amount worked out as follows:
(a) work out the amount for the person under point 1066‑BA3 as if the election were not in force;
(b) from that amount, subtract the person's minimum pension supplement amount.
Persons absent from Australia for more than 13 weeks
1066‑BA5 If the person is not covered by point 1066‑BA2, the person's pension supplement amount is the person's pension supplement basic amount.
13 Section 1066 (Module C)
Repeal the Module.
14 Point 1067G‑B3A (notes 1 and 2)
Repeal the notes, substitute:
Note: A person's maximum basic rate under Module B of the Pension PP (Single) Rate Calculator is indexed 6 monthly in line with increases in Male Total Average Weekly Earnings (see section 1195).
15 Point 1067L‑A1 (method statement, step 1)
After the step, insert:
Step 1A. Work out the pension supplement amount (if any) using Module BA below.
16 Point 1067L‑A1 (method statement, step 3)
After "1,", insert "1A,".
17 Section 1067L (after Module B)
Insert:
Module BA -- Pension supplement
Pension supplement
1067L‑BA1 A pension supplement amount is to be added to the person's maximum basic rate if the person is residing in Australia, has reached pension age and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
1067L‑BA2 The person's pension supplement amount is:
(a) if an election by the person under subsection 1061VA(1) is in force--the amount worked out under point 1067L‑BA4; and
(b) otherwise--the amount worked out under point 1067L‑BA3.
Amount if no election in force
1067L‑BA3 The person's pension supplement amount is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and
(b) dividing the result by 26; and
(c) if:
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (b) is not a multiple of 10 cents;
rounding the amount up or down to the nearest multiple of 10 cents (rounding up if the amount is not a multiple of 10 cents but is a multiple of 5 cents).
|
Item |
Person's family situation |
Use this % |
|
1 |
Not member of couple |
66.33% |
|
2 |
Partnered |
50% |
|
3 |
Member of illness separated couple |
66.33% |
|
4 |
Member of respite care couple |
66.33% |
|
5 |
Partnered (partner in gaol) |
66.33% |
Note: For combined couple rate of pension supplement , see subsection 20A(1).
Amount if election in force
1067L‑BA4 The person's pension supplement amount is the amount worked out as follows:
(a) work out the amount for the person under point 1067L‑BA3 as if the election were not in force;
(b) from that amount, subtract 1 / 26 of the person's minimum pension supplement amount.
18 Point 1067L‑C1
Omit "point 1067L‑C2", substitute "points 1067L‑C1A and 1067L‑C2".
19 After point 1067L‑C1
Insert:
No pharmaceutical allowance if person receiving pension supplement
1067L‑C1A Pharmaceutical allowance is not to be added to a person's maximum basic rate if a pension supplement amount has been added to that rate.
20 Point 1068‑A1 (method statement, step 1)
After the step, insert:
Step 1A. Work out the pension supplement amount (if any) using Module BA below.
21 Point 1068‑B5 (notes 1 and 2)
Repeal the notes, substitute:
Note: A person's maximum basic rate under Module B of the Pension PP (Single) Rate Calculator is indexed 6 monthly in line with increases in Male Total Average Weekly Earnings (see section 1195).
22 Section 1068 (after Module B)
Insert:
Module BA -- Pension supplement
Pension supplement
1068‑BA1 A pension supplement amount is to be added to the person's maximum basic rate if the person is residing in Australia, has reached pension age and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
1068‑BA2 The person's pension supplement amount is:
(a) if an election by the person under subsection 1061VA(1) is in force--the amount worked out under point 1068‑BA4; and
(b) otherwise--the amount worked out under point 1068‑BA3.
Amount if no election in force
1068‑BA3 The person's pension supplement amount is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and
(b) dividing the result by 26; and
(c) if:
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (b) is not a multiple of 10 cents;
rounding the amount up or down to the nearest multiple of 10 cents (rounding up if the amount is not a multiple of 10 cents but is a multiple of 5 cents).
|
Item |
Person's family situation |
Use this % |
|
1 |
Not member of couple |
66.33% |
|
2 |
Partnered |
50% |
|
3 |
Member of illness separated couple |
66.33% |
|
4 |
Member of respite care couple |
66.33% |
|
5 |
Partnered (partner in gaol) |
66.33% |
Note: For combined couple rate of pension supplement , see subsection 20A(1).
Amount if election in force
1068‑BA4 The person's pension supplement amount is the amount worked out as follows:
(a) work out the amount for the person under point 1068‑BA3 as if the election were not in force;
(b) from that amount, subtract 1 / 26 of the person's minimum pension supplement amount.
23 Point 1068‑D1
Before "1068‑D4", insert "1068‑D3A,".
24 After point 1068‑D3
Insert:
No pharmaceutical allowance if person receiving pension supplement
1068‑D3A Pharmaceutical allowance is not to be added to a person's maximum basic rate if a pension supplement amount has been added to that rate.
25 Section 1068A (Module BA)
Repeal the Module, substitute:
Module BA -- Pension supplement
Pension supplement
1068A‑BA1 A pension supplement amount is to be added to the person's maximum basic rate.
Residents of pension age who are in Australia etc.
1068A‑BA2 If the person is residing in Australia, has reached pension age and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks;
the person's pension supplement amount is:
(c) if an election by the person under subsection 1061VA(1) is in force--the amount worked out under point 1068A‑BA4; and
(d) otherwise--the amount worked out under point 1068A‑BA3.
Residents of pension age in Australia etc.--no election in force
1068A‑BA3 The person's pension supplement amount is the amount worked out by:
(a) working out 66.33% of the combined couple rate of pension supplement; and
(b) if the result is not a multiple of $2.60, rounding the result up or down to the nearest multiple of $2.60 (rounding up if the result is not a multiple of $2.60 but is a multiple of $1.30).
Note: For combined couple rate of pension supplement , see subsection 20A(1).
Residents of pension age in Australia etc.--election in force
1068A‑BA4 The person's pension supplement amount is the amount worked out as follows:
(a) work out the amount for the person under point 1068A‑BA3 as if the election were not in force;
(b) from that amount, subtract the person's minimum pension supplement amount.
Other persons
1068A‑BA5 If the person is not covered by point 1068A‑BA2, the person's pension supplement amount is the person's pension supplement basic amount.
26 Point 1068A‑C1
Before "1068A‑C2", insert "1068A‑C1A,".
27 After point 1068A‑C1
Insert:
No pharmaceutical allowance if person has reached pension age
1068A‑C1A Pharmaceutical allowance is not to be added to a person's maximum basic rate if the person has reached pension age.
28 Point 1068B‑A2 (method statement, step 2)
After the step, insert:
Step 2A. Work out the pension supplement amount (if any) using Module DA below.
29 Point 1068B‑A3 (method statement, step 2)
After the step, insert:
Step 2A. Work out the pension supplement amount (if any) using Module DA below.
30 Section 1068B (after Module D)
Insert:
Module DA -- Pension supplement
Pension supplement
1068B‑DA1 A pension supplement amount is to be added to the person's maximum basic rate if the person is residing in Australia, has reached pension age and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
1068B‑DA2 The person's pension supplement amount is:
(a) if an election by the person under subsection 1061VA(1) is in force--the amount worked out under point 1068B‑DA4; and
(b) otherwise--the amount worked out under point 1068B‑DA3.
Amount if no election in force
1068B‑DA3 The person's pension supplement amount is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and
(b) dividing the result by 26; and
(c) if:
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (b) is not a multiple of 10 cents;
rounding the amount up or down to the nearest multiple of 10 cents (rounding up if the amount is not a multiple of 10 cents but is a multiple of 5 cents).
|
Item |
Person's family situation |
Use this % |
|
1 |
Partnered |
50% |
|
2 |
Member of illness separated couple |
66.33% |
|
3 |
Member of respite care couple |
66.33% |
|
4 |
Partnered (partner in gaol) |
66.33% |
Note: For combined couple rate of pension supplement , see subsection 20A(1).
Amount if election in force
1068B‑DA4 The person's pension supplement amount is the amount worked out as follows:
(a) work out the amount for the person under point 1068B‑DA3 as if the election were not in force;
(b) from that amount, subtract 1 / 26 of the person's minimum pension supplement amount.
31 Point 1068B‑E1
Before "1068B‑E2", insert "1068B‑E1A,".
32 After point 1068B‑E1
Insert:
No pharmaceutical allowance if person receiving pension supplement
1068B‑E1A Pharmaceutical allowance is not to be added to a person's maximum basic rate if a pension supplement amount has been added to that rate.
Part 3 -- Seniors supplement and quarterly pension supplement
33 Part 2.25B
Repeal the Part, substitute:
Part 2.25B -- Seniors supplement
Division 1 -- Qualification and payability
1061U Qualification for seniors supplement
A person is qualified for seniors supplement if the person is the holder of a seniors health card.
1061UA When seniors supplement is payable
(1) Seniors supplement is payable to a person in relation to each day on which the person is qualified for the supplement.
(2) However, seniors supplement is not payable to the person in relation to a day if:
(a) before that day:
(i) the person had elected not to be covered by this Part; and
(ii) that election had not been withdrawn; or
(b) subsection 55(5) (failing to nominate a bank account) of the Administration Act applies to the person.
Division 2 -- Rate of seniors supplement
1061UB Rate of seniors supplement
(1) The person's annual rate of seniors supplement is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of minimum pension supplement; and
(b) if:
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (a) is not a multiple of $2.60;
rounding the amount up or down to the nearest multiple of $2.60 (rounding up if the amount is not a multiple of $2.60 but is a multiple of $1.30).
|
Item |
Person's family situation |
Use this % |
|
1 |
Not member of couple |
66.33% |
|
2 |
Partnered |
50% |
|
3 |
Member of illness separated couple |
66.33% |
|
4 |
Member of respite care couple |
66.33% |
|
5 |
Partnered (partner in gaol) |
66.33% |
Note: For combined couple rate of minimum pension supplement , see subsection 20A(2).
(2) The person's daily rate of seniors supplement is worked out by dividing the person's annual rate by 364.
Part 2.25C -- Quarterly pension supplement
(1) This Part applies to a person if:
(a) a pension supplement amount is used to work out the rate of the person's social security payment (the main payment ); and
(b) the annual rate of that pension supplement amount is more than the person's pension supplement basic amount.
Note: A pension supplement amount that is more than the person's pension supplement basic amount contains a minimum component. The person may elect under this Part to receive that minimum component on a quarterly basis as a separate social security payment.
(2) For the purposes of paragraph (1)(b), if the Rate Calculator for the main payment produces a fortnightly rate, then multiply the person's pension supplement amount by 26 to get the annual rate of that pension supplement amount.
(3) For the purposes of subsection (1), it does not matter if the rate of the person's main payment would become nil were an election by the person under subsection 1061VA(1) to come into force.
1061VA Quarterly pension supplement
(1) The person may, in a manner or way approved by the Secretary, make an election to receive the person's minimum pension supplement amount on a quarterly basis as a separate social security payment.
(2) An election comes into force as soon as practicable after it is made.
(3) The person may, in a manner or way approved by the Secretary, revoke an election. A revocation takes effect as soon as practicable after it happens.
(4) Quarterly pension supplement is payable to the person in relation to each day on which an election is in force.
1061VB Rate of quarterly pension supplement
(1) The person's annual rate of quarterly pension supplement is the person's minimum pension supplement amount.
(2) The person's daily rate of quarterly pension supplement is worked out by dividing the person's annual rate by 364.
(3) This section has effect subject to subsection 1210(3).
Social Security (Administration) Act 1999
34 Section 48B
Repeal the section, substitute:
48B Payment of seniors supplement
(1) Seniors supplement is to be paid by instalments.
(2) An instalment of seniors supplement is to be paid to a person as soon as is reasonably practicable on or after the first seniors supplement test day (the current test day ) that follows a day on which the person is qualified for seniors supplement.
(3) The amount of the instalment is worked out by multiplying the person's daily rate of seniors supplement by the number of days during the test period on which the person was qualified for seniors supplement.
(4) In this section:
"seniors supplement test day" means:
(a) 20 March; or
(b) 20 June; or
(c) 20 September; or
(d) 20 December.
"test period" means the period:
(a) starting on the most recent supplement test day before the current test day; and
(b) ending on the day immediately before the current test day.
48C Payment of quarterly pension supplement
(1) Quarterly pension supplement is to be paid by instalments.
(2) An instalment of quarterly pension supplement is to be paid to a person as soon as is reasonably practicable on or after the first supplement test day (the current test day ) that follows a day on which an election by the person under subsection 1061VA(1) is in force.
(3) The amount of the instalment is worked out as follows:
Method statement
Step 1. Divide the person's annual rate of quarterly pension supplement by 4.
Step 2. Multiply the person's daily rate of quarterly pension supplement by the number of days (if any) during the test period for which an election by the person under subsection 1061VA(1) was not in force.
Step 3. Multiply the person's daily rate of quarterly pension supplement by the number of days (if any) during the test period:
(a) on which the person was qualified for seniors supplement; and
(b) for which an election by the person under subsection 1061VA(1) was in force.
Step 4. From the result of step 1, subtract the results of steps 2 and 3.
(4) In this section:
"supplement test day" means:
(a) 20 March; or
(b) 20 June; or
(c) 20 September; or
(d) 20 December.
"test period" means the period:
(a) starting on the most recent supplement test day before the current test day; and
(b) ending on the day immediately before the current test day.
Income Tax Assessment Act 1997
35 Section 52‑10 (table item 22B.1)
Repeal the item, substitute:
|
22B.1 |
Seniors supplement |
Exempt |
Exempt |
Not applicable |
Not applicable |
|
22C.1 |
Quarterly pension supplement |
Exempt |
Exempt |
Not applicable |
Not applicable |
36 Section 52‑15 (table)
Repeal the table, substitute:
|
Supplementary amount of a social security payment |
||
|
Item |
For this category of social security payment: |
the supplementary amount is the total of: |
|
1 |
Age pension Bereavement allowance Carer payment Sickness allowance Special benefit Special needs age pension Special needs disability support pension Special needs widow B pension Special needs wife pension Widow B pension Wife pension |
(a) so much of the payment as is included by way of rent assistance; and (b) so much of the payment as is included by way of remote area allowance; and (c) so much of the payment as is included by way of pharmaceutical allowance; and (d) so much of the payment as is included by way of tax‑exempt pension supplement |
|
2 |
Disability support pension |
(a) so much of the payment as is included by way of rent assistance; and (b) so much of the payment as is included by way of remote area allowance; and (c) so much of the payment as is included by way of pharmaceutical allowance; and (d) so much of the payment as is included by way of incentive allowance; and (e) so much of the payment as is included by way of language, literacy and numeracy supplement; and (f) so much of the payment as is included by way of tax‑exempt pension supplement |
|
3 |
Newstart allowance Parenting payment (benefit (PP partnered)) Parenting payment (pension (PP single)) Partner allowance Widow allowance Youth allowance |
(a) so much of the payment as is included by way of rent assistance; and (b) so much of the payment as is included by way of remote area allowance; and (c) so much of the payment as is included by way of pharmaceutical allowance; and (d) so much of the payment as is included by way of language, literacy and numeracy supplement; and (e) so much of the payment as is included by way of tax‑exempt pension supplement |
|
4 |
Austudy payment |
(a) so much of the payment as is included by way of rent assistance; and (b) so much of the payment as is included by way of remote area allowance; and (c) so much of the payment as is included by way of pharmaceutical allowance; and (d) so much of the payment as is included by way of tax‑exempt pension supplement |
37 Subsection 52‑25(3) (example)
Omit "rental assistance", substitute "rent assistance".
38 Section 52‑40 (table item 22B)
Repeal the item, substitute:
|
22B |
Seniors supplement |
Part 2.25B |
Not applicable |
Not applicable |
|
22C |
Quarterly pension supplement |
Part 2.25C |
Not applicable |
Not applicable |
39 Paragraph 52‑70(a)
Omit "rental assistance", substitute "rent assistance".
40 Paragraph 53‑15(a)
Omit "rental assistance", substitute "rent assistance".
41 Subsection 23(1)
Insert:
"combined couple rate of minimum pension supplement" has the meaning given by subsection 20A(2).
42 Subsection 23(1)
Insert:
"combined couple rate of pension supplement" has the meaning given by subsection 20A(1).
43 Subsection 23(1)
Insert:
"minimum pension supplement amount" has the meaning given by subsection 20A(4).
44 Subsection 23(1)
Insert:
"pension supplement amount" , for a person, means the amount added under the pension supplement Module (if any) of the Rate Calculator when working out the rate of the person's social security payment.
45 Subsection 23(1)
Insert:
"pension supplement basic amount" has the meaning given by subsection 20A(5).
46 Subsection 23(1)
Insert:
"quarterly pension supplement" means the separate social security payment described in subsection 1061VA(1).
47 Subsection 23(1) (definition of seniors concession allowance )
Repeal the definition.
48 Subsection 23(1)
Insert:
"seniors supplement" means seniors supplement under Part 2.25B.
49 Subsection 23(1)
Insert:
"tax-exempt pension supplement" has the meaning given by subsection 20A(6).
50 Subsection 44(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person's rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans' Entitlements Act.
51 Subparagraph 93H(b)(ii)
Omit "point 1065‑BA2", substitute "Module BA of Pension Rate Calculator B".
52 Subparagraph 93J(3)(a)(ii)
Omit "point 1064‑BA2", substitute "Module BA of Pension Rate Calculator A".
53 Subparagraph 93J(3)(b)(ii)
Omit "point 1065‑BA2", substitute "Module BA of Pension Rate Calculator B".
54 Subparagraph 93J(4)(a)(ii)
Omit "point 1064‑BA2", substitute "Module BA of Pension Rate Calculator A".
55 Subparagraph 93J(4)(b)(ii)
Omit "point 1065‑BA2", substitute "Module BA of Pension Rate Calculator B".
56 Subsection 98(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person's rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans' Entitlements Act.
57 Subsection 148(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person's rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans' Entitlements Act.
58 Subsection 199(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person's rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans' Entitlements Act.
59 Subsection 236A(3) (definition of pension supplement )
Omit "point 1064‑BA2", substitute "Module BA of Pension Rate Calculator A".
60 Subsection 316(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person's rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans' Entitlements Act.
61 Subsection 364(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person's rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans' Entitlements Act.
62 Subsection 408CA(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person's rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans' Entitlements Act.
63 Subsection 500I(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person's rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans' Entitlements Act.
64 Subsection 572(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person's rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans' Entitlements Act.
65 Subsection 608(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person's rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans' Entitlements Act.
66 Subsection 677(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person's rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans' Entitlements Act.
67 Subsection 732(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person's rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans' Entitlements Act.
68 Subsection 771HC(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person's rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans' Entitlements Act.
69 At the end of section 1061G
Add:
(3) Even though a person is qualified for an advance pharmaceutical allowance, the allowance is not payable to the person if pharmaceutical allowance is not used to work out the rate of the person's social security pension.
70 Before paragraph 1061R(a)
Insert:
(aa) if the person is receiving a social security payment for which a pension supplement amount is used to work out the rate of the payment, with a pension supplement amount that is more than the person's pension supplement basic amount; or
(ab) if the person is receiving seniors supplement; or
(ac) if an election by the person under subsection 1061VA(1) is in force; or
71 Section 1061T
Before "A", insert "(1)".
72 At the end of section 1061T
Add:
(2) Even though a person is qualified for utilities allowance, the allowance is not payable to the person:
(a) if the person is receiving a social security payment for which a pension supplement amount is used to work out the rate of the payment, with a pension supplement amount that is more than the person's pension supplement basic amount; or
(b) if the person is receiving seniors supplement; or
(c) if an election by the person under subsection 1061VA(1) is in force.
73 Paragraph 1061TA(2)(b)
Repeal the paragraph, substitute:
(b) seniors concession allowance under the Veterans' Entitlements Act is payable in relation to that day; or
74 Subparagraph 1064‑H1(aa)(ii)
After "because", insert "an election by the person under subsection 1061VA(1) is in force, or merely because".
75 Subparagraph 1065‑E1(aa)(ii)
After "because", insert "an election by the person under subsection 1061VA(1) is in force, or merely because".
76 Subparagraph 1066‑H1(aa)(ii)
After "because", insert "an election by the person under subsection 1061VA(1) is in force, or merely because".
77 Subparagraph 1068‑J1(aa)(ii)
After "because", insert "an election by the person under subsection 1061VA(1) is in force, or merely because".
78 Subparagraph 1068A‑F1(a)(ii)
After "because", insert "an election by the person under subsection 1061VA(1) is in force, or merely because".
79 Subparagraph 1068B‑G1(b)(ii)
After "because", insert "an election by the person under subsection 1061VA(1) is in force, or merely because".
80 Subsection 1185K(4)
Omit "point 1064‑BA2" (wherever occurring), substitute "Pension Rate Calculator A".
81 Subsection 1185Y(4)
Omit "point 1064‑BA2" (wherever occurring), substitute "Pension Rate Calculator A".
82 Section 1190 (table item 1AA)
Repeal the item, substitute:
|
1AA |
Combined couple rate of pension supplement |
PS rate |
[subsection 20A(1)] |
|
1AB |
Combined couple rate of minimum pension supplement |
PS minimum rate |
[subsection 20A(2)] |
|
1AC |
Pension supplement basic amount |
PS basic rate |
[each item of the table in subsection 20A(5)] |
83 Section 1190 (table item 44)
Repeal the item, substitute:
|
44 |
Pharmaceutical allowance Rate of pharmaceutical allowance for a person who is receiving a social security pension and is not a member of a couple |
Pension PA "single" rate |
[Pension Rate Calculator D--point 1066A‑D8--Table--column 3--item 1] [Pension Rate Calculator E--point 1066B‑D8--Table--column 3--item 1] [Pension PP (Single) Rate Calculator--point 1068A‑C7] |
84 Section 1190 (table item 46)
Repeal the item, substitute:
|
46 |
Rate of pharmaceutical allowance for a person who is receiving a social security pension and has a partner |
Pension PA "partnered" (item 2) rate |
[Pension Rate Calculator D--point 1066A‑D8--Table--column 3--item 2] [Pension Rate Calculator E--point 1066B‑D8--Table--column 3--item 2] |
85 Section 1190 (table item 48)
Repeal the item, substitute:
|
48 |
Rate of pharmaceutical allowance for a person who is receiving a social security pension and is a member of an illness separated or respite care couple |
Pension PA "illness separated or respite care" rate |
[Pension Rate Calculator D--point 1066A‑D8--Table--column 3--items 3 and 4] [Pension Rate Calculator E--point 1066B‑D8--Table--column 3--items 3 and 4] |
86 Section 1190 (table items 49A and 49B)
Repeal the items, substitute:
|
49A |
Rate of pharmaceutical allowance for a person who is receiving a social security pension and has a partner who is getting a service pension |
Pension PA "partnered" (item 4) rate |
[Pension Rate Calculator D--point 1066A‑D8--Table--column 3--item 4] [Pension Rate Calculator E--point 1066B‑D8--Table--column 3--item 4] |
|
49B |
Rate of pharmaceutical allowance for a person who is receiving a social security benefit and has a partner who is getting a service pension |
Pension PA "partnered" (item 6) rate |
[Pension Rate Calculator D--point 1066A‑D8--Table--column 3--item 6] [Pension Rate Calculator E--point 1066B‑D8--Table--column 3--item 6] |
87 Section 1190 (table item 56E)
Repeal the item.
88 At the end of section 1190
Add:
Note: Indexing the PS minimum rate will also result in the indexation of the rate of seniors supplement (see section 1061UB) and the rate of quarterly pension supplement (see section 1061VB).
89 Subsection 1191(1) (table item 1A)
Repeal the item, substitute:
|
1A |
PS rate |
(a) 20 March (b) 20 September |
(a) December (b) June |
highest June or December quarter before reference quarter (but not earlier than June quarter 2009) |
$5.20 |
|
1B |
PS minimum rate |
(a) 20 March (b) 20 September |
(a) December (b) June |
highest June or December quarter before reference quarter (but not earlier than June quarter 2009) |
$5.20 |
|
1C |
PS basic rate |
(a) 20 March (b) 20 September |
(a) December (b) June |
highest June or December quarter before reference quarter (but not earlier than December quarter 2008) |
$2.60 |
90 Subsection 1191(1) (table item 33AE)
Repeal the item.
91 After subsection 1192(3A)
Insert:
(3B) The first indexation of amounts under items 1A and 1B of the CPI Indexation Table in subsection 1191(1) is to take place on 20 March 2010.
(3C) For the purposes of the first indexation of an amount under item 1C of the CPI Indexation Table in subsection 1191(1):
(a) that first indexation is to take place on 20 September 2009; and
(b) the current figure for the amount immediately before 20 September 2009 is taken to be the amount specified in the relevant item of the table in subsection 20A(5).
92 Subsection 1192(6A)
Repeal the subsection.
93 Section 1210
Repeal the section, substitute:
(1) If:
(a) the rate of a person's social security payment is increased under Part 3.7 (rent assistance) and/or either of the following Modules of the Rate Calculator:
(i) the pension supplement Module (the PS Module ) (if any);
(ii) the pharmaceutical allowance Module (the PA Module ) (if any); and
(b) that rate is to be reduced under:
(i) the income test Module or the assets test Module of the Rate Calculator; or
(ii) section 1168 (compensation reductions);
the reduction is to be applied as follows (in descending order):
|
Item |
Component of the rate |
|
1 |
all of the rate apart from any increase mentioned in paragraph (a) |
|
2 |
the portion of the person's pension supplement amount (if any) equal to: (a) if the Rate Calculator produces an annual rate--the person's pension supplement basic amount; and (b) if the Rate Calculator produces a fortnightly rate-- 1 / 26 of the person's pension supplement basic amount |
|
3 |
(a) if an election by the person under subsection 1061VA(1) is in force--any remaining portion of the person's pension supplement amount; or (b) otherwise--any remaining portion of the person's pension supplement amount to the extent to which it exceeds the person's minimum pension supplement amount |
|
4 |
the amount of any increase under Part 3.7 |
|
5 |
the person's minimum pension supplement amount |
|
6 |
the amount of any increase under the PA Module |
Note: Table item (5) will not apply if an election by the person under subsection 1061VA(1) is in force, as the rate would have already been reduced to nil.
(2) For the purposes of subsection (1):
(a) disregard table items 2, 3 and 5 if the person's rate is increased under the PA Module (if any) of the Rate Calculator; and
(b) disregard table item 6 if the person's rate is increased under the PS Module (if any) of the Rate Calculator.
(3) If:
(a) the rate (the main rate ) of a person's social security payment is increased under the PS Module of the Rate Calculator; and
(b) that rate is to be reduced as described in paragraph (1)(b); and
(c) an election by the person under subsection 1061VA(1) is in force;
the person's quarterly pension supplement is reduced to the same extent (if any) that the component of the main rate that would correspond to the person's minimum pension supplement amount would be reduced under subsection (1) were the election not in force.
Note: The reduction will be disregarded unless the person's quarterly pension supplement is reduced to nil (see subsection 43(5A) of the Administration Act).
(4) The following table sets out details of the Modules relevant to subsection (1):
|
Relevant Modules |
|||||
|
Item |
Pension Rate Calculator |
PS Module |
PA Module |
Income test Module |
Assets test Module |
|
1 |
Pension Rate Calculator A (section 1064) |
Module BA |
not applicable |
Module E |
Module G |
|
2 |
Pension Rate Calculator C (section 1066) |
Module BA |
not applicable |
Module E |
Module G |
|
3 |
Pension Rate Calculator D (section 1066A) |
not applicable |
Module D |
Module F |
Module H |
|
4 |
Youth Allowance Rate Calculator (section 1067G) |
not applicable |
Module C |
Module H |
not applicable |
|
5 |
Austudy Payment Rate Calculator (section 1067L) |
Module BA |
Module C |
Module D |
not applicable |
|
6 |
Benefit Rate Calculator B (section 1068) |
Module BA |
Module D |
Module G |
not applicable |
|
7 |
Pension PP (Single) Rate Calculator (section 1068A) |
Module BA |
Module C |
Module E |
not applicable |
|
8 |
Benefit PP (partnered) Rate Calculator (section 1068B) |
Module DA |
Module E |
Module D |
not applicable |
Social Security (Administration) Act 1999
94 Section 12D
Repeal the section, substitute:
A claim is not required for seniors supplement.
12DA Quarterly pension supplement
A claim is not required for quarterly pension supplement.
95 Subsections 43(4) and (5)
Repeal the subsections, substitute:
(4) If:
(a) either of the following amounts (the added amount ) is added to a person's maximum basic rate for a particular day in working out the amount of an instalment of a social security payment:
(i) an amount of pharmaceutical allowance;
(ii) a pension supplement amount; and
(b) if the added amount is a pension supplement amount used by the Rate Calculator to produce an annual rate--the pension supplement amount is more than the person's pension supplement basic amount; and
(c) there is no election by the person under subsection 1061VA(1) in force on that day; and
(d) apart from this subsection, the portion of the instalment corresponding to that day would be less than the person's minimum daily rate, but more than a nil amount;
the amount of that portion of the instalment is to be increased to the person's minimum daily rate.
(5) In this section:
"minimum daily rate" , for a person, means:
(a) if the added amount is an amount of pharmaceutical allowance and the Rate Calculator for the social security payment produces a fortnightly rate-- 1 / 14 of that amount; or
(b) if the added amount is an amount of pharmaceutical allowance and the Rate Calculator for the social security payment produces an annual rate-- 1 / 364 of that amount; or
(c) if the added amount is a pension supplement amount-- 1 / 364 of the person's minimum pension supplement amount.
(5A) If:
(a) an election by the person under subsection 1061VA(1) is in force on a particular day; and
(b) apart from this subsection, the portion of the instalment of the person's quarterly pension supplement that corresponds to that day would be reduced under subsection 1210(3), but not reduced to a nil amount;
the amount of that portion of the instalment is not to be reduced under subsection 1210(3).
96 Subsection 55(1)
After "48B", insert ", 48C".
97 Subsections 68(1) and 69(1)
Omit "seniors concession allowance", substitute "seniors supplement".
98 Paragraph 75(1)(b)
Omit "seniors concession allowance", substitute "seniors supplement".
99 Section 78A
Omit "seniors concession allowance", substitute "seniors supplement".
100 Section 90A
Omit "seniors concession allowance", substitute "seniors supplement".
101 Section 123A (paragraph (e) of the definition of relevant payment )
Omit "seniors concession allowance", substitute "seniors supplement".
102 Section 123A (at the end of the definition of relevant payment )
Add:
; or (f) a payment of quarterly pension supplement.
Part 5 -- Application and transitional
103 Pension supplement amounts--modifications for temporary singles' rate
(1) For the period:
(a) starting on 20 September 2009; and
(b) ending on 19 March 2010;
the Social Security Act 1991 (as amended by this Schedule) applies with the modifications set out in subitems (2) to (9).
(2) At the end of section 20A of that Act, add:
(7) The temporary singles' amount is worked out as follows:
(a) add up the following:
(i) the annual rate of utilities allowance for a person who is not a member of a couple;
(ii) the annual rate of telephone allowance for a person to whom section 1061SB (increased rate for home internet) applies, and who is not a member of a couple;
(iii) the annual rate of pharmaceutical allowance for a person who is not a member of a couple;
(iv) the pension supplement basic amount for a person who is not a member of a couple;
(v) $130;
(b) round up the result of paragraph (a) to the nearest multiple of $2.60.
(8) For the purposes of subsection (7), a rate mentioned in a paragraph of that subsection is that rate as at 20 September 2009.
(3) Omit point 1064‑BA3 of that Act, substitute:
Residents in Australia etc.--no election in force
1064‑BA3 The person's pension supplement amount is:
(a) if the person is partnered--50% of the combined couple rate of pension supplement; and
(b) otherwise--the temporary singles' amount.
Note: For combined couple rate of pension supplement , see subsection 20A(1).
(4) Omit point 1065‑BA3 of that Act, substitute:
Residents in Australia etc.--no election in force
1065‑BA3 The person's pension supplement amount is:
(a) if the person is partnered--50% of the combined couple rate of pension supplement; and
(b) otherwise--the temporary singles' amount.
Note: For combined couple rate of pension supplement , see subsection 20A(1).
(5) Omit point 1066‑BA3 of that Act, substitute:
Residents in Australia etc.--no election in force
1066‑BA3 The person's pension supplement amount is:
(a) if the person is partnered--50% of the combined couple rate of pension supplement; and
(b) otherwise--the temporary singles' amount.
Note: For combined couple rate of pension supplement , see subsection 20A(1).
(6) Omit point 1067L‑BA3 of that Act, substitute:
Amount if no election in force
1067L‑BA3 The person's pension supplement amount is:
(a) if the person is partnered-- 1 / 26 of 50% of the combined couple rate of pension supplement; and
(b) otherwise-- 1 / 26 of the temporary singles' amount.
Note: For combined couple rate of pension supplement , see subsection 20A(1).
(7) Omit point 1068‑BA3 of that Act, substitute:
Amount if no election in force
1068‑BA3 The person's pension supplement amount is:
(a) if the person is partnered-- 1 / 26 of 50% of the combined couple rate of pension supplement; and
(b) otherwise-- 1 / 26 of the temporary singles' amount.
Note: For combined couple rate of pension supplement , see subsection 20A(1).
(8) Omit point 1068A‑BA3 of that Act, substitute:
Residents in Australia etc.--no election in force
1068A‑BA3 The person's pension supplement amount is the temporary singles' amount.
(9) Omit point 1068B‑DA3 of that Act, substitute:
Amount if no election in force
1068B‑DA3 The person's pension supplement amount is:
(a) if the person is partnered-- 1 / 26 of 50% of the combined couple rate of pension supplement; and
(b) otherwise-- 1 / 26 of the temporary singles' amount.
Note: For combined couple rate of pension supplement , see subsection 20A(1).
104 Seniors concession allowance
Despite the repeal of the following provisions by this Schedule:
(a) Part 2.25B of the Social Security Act 1991 ;
(b) section 48B of the Social Security (Administration) Act 1999 ;
those provisions continue to apply in relation to the seniors concession allowance test day on 20 September 2009, as if those repeals had not happened.
105 Quarterly pension supplement
Part 2.25C of the Social Security Act 1991 (as inserted by this Schedule) applies in relation to elections made under subsection 1061VA(1) of that Act (as inserted by this Schedule) on or after 1 July 2010.