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SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT (DISABILITY SUPPORT PENSION PARTICIPATION REFORMS) ACT 2012 (NO. 51, 2012) - SCHEDULE 4

Average weekly earnings and other amendments

Part 1 -- Average weekly earnings

Division 1--Amendments commencing on Royal Assent

Child Support (Assessment) Act 1989

1  Subsection 155(2A)

Repeal the subsection.

2  Transitional--publication of figures

Subsection 155(2) of the Child Support (Assessment) Act 1989 applies in relation to the calendar year ending on 31 December 2012 as if the amendments of:

                     (a)  section 5 of that Act; and

                     (b)  section 5A of that Act; and

                     (c)  subsection 155(2) of that Act;

made by Division 2 of this Part had already commenced.

3  Transitional--assessments for child support periods starting on or after 1 January 2013

The Child Support (Assessment) Act 1989 applies in relation to the making or amendment, before 1 January 2013, of an administrative assessment for a child support period starting on or after 1 January 2013 as if the amendments of that Act made by Division 2 of this Part had already commenced.

Division 2--Amendments commencing on 1 January 2013

Child Support (Assessment) Act 1989

4  Subsection 5(1)

Insert:

"relevant June quarter" has the meaning given by subsection 5A(2).

5  Subsection 5(1) (definition of relevant September quarter )

Repeal the definition.

6  Subsection 5A(1)

Omit "September", substitute "June".

7  Subsection 5A(2)

Repeal the subsection, substitute:

             (2)  The relevant June quarter , in relation to a child support period, means the quarter ending on 30 June of the last calendar year ending before the child support period begins.

8  Paragraph 5A(5)(a)

Omit "September", substitute "June".

9  Section 45

Repeal the section, substitute:

45   Working out the self-support amount

                   A parent's self-support amount for a day in a child support period is:

Note:          A parent's self-support amount can be varied by a determination or order under section 98S or 118.

10  Paragraph 58(4)(d)

Omit "September", substitute "June".

11  Subsection 58(5)

Omit "September", substitute "June".

12  Subsection 58D(2)

Omit "September", substitute "June".

13  Subparagraph 98S(1)(e)(i)

Omit "September", substitute "June".

14  Subparagraph 118(1)(e)(i)

Omit "September", substitute "June".

15  Paragraph 155(2)(a)

Omit "September", substitute "June".

16  Subparagraph 155(2)(b)(i)

Omit "September", substitute "June".

17  After subsection 155(2)

Insert:

          (2A)  Before the end of each financial year, the Secretary must publish in the Gazette the AWE amount (within the meaning of subsection 58AA(1)) for the quarter ending on 31 December of that year.

18  Transitional--publication of figures

Subsection 155(2A) of the Child Support (Assessment) Act 1989 applies in relation to the financial year ending on 30 June 2013 as if the amendments of section 58AA of that Act made by Division 3 of this Part had already commenced.

19  Subclause 2(3) of Schedule 1

Omit "September", substitute "June".

20  Application of amendments

The amendments made by items 6 to 16 apply in relation to child support periods starting on or after the commencement of this Division.

21  Transitional--assessments for child support periods starting on or after 1 July 2013

The Child Support (Assessment) Act 1989 applies in relation to the making or amendment, before 1 July 2013, of an administrative assessment for a child support period starting on or after 1 July 2013 as if the amendments of that Act made by Division 3 of this Part had already commenced.

Division 3--Amendments commencing on 1 July 2013

Child Support (Assessment) Act 1989

22  Subsection 58AA(1)

Repeal the subsection, substitute:

             (1)  The ATI indexation factor is:

where:

"AWE amount" for a December quarter of a year of income means the amount published for the reference period in the quarter by the Australian Statistician in a document titled "Average Weekly Earnings, Australia" (or, if that title changes, in a replacement document) under the headings "Average Weekly Earnings--Trend--Persons--All employees total earnings" (or, if any of those headings change, under any replacement headings).

"December quarter" of a year of income means the quarter ending on 31 December of that year.

"reference period" in a December quarter of a year of income means the period described by the Australian Statistician as the last pay period ending on or before the third Friday of the middle month of the quarter.

"tax return year" means:

                     (a)  if subsection 58(3) applies--the year of income before the last relevant year of income in relation to a child support period; or

                     (b)  if subsection 58(4) applies--the earlier year of income that applies under paragraph 58(4)(c).

23  Paragraph 58AA(3)(a)

Omit "September", substitute "December".

24  Application of amendments

The amendments made by this Division apply in relation to child support periods starting on or after the commencement of this Division.


 

Part 2 -- Other amendments

Social Security Act 1991

25  Sub-subparagraphs 1139(2)(b)(iv)(A) and (B)

Repeal the sub-subparagraphs.

Veterans' Entitlements Act 1986

26  Paragraph 58A(6)(c)

Repeal the paragraph, substitute:

                     (c)  apart from this subsection, the portion of the instalment corresponding to that day would be more than a nil amount but less than 1 / 364 of the total of:

                              (i)  the minimum pension supplement amount, if an amount described in subparagraph (a)(i) was added as described in paragraph (a); and

                             (ii)  the clean energy supplement (if any) added as described in paragraph (a);

 

 



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