Commonwealth Numbered Acts

SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993 No. 121, 1993 - SCHEDULE 1

                                SCHEDULE 1                Section 6

AMENDMENTS RELATING TO MATURE AGE ALLOWANCE AND MATURE AGE PARTNER
ALLOWANCE
PART 1-AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 1. Subsection 17(1)
(definition of "compensation affected payment"): Add at the end: "or

        (i)    mature age allowance; or

   (j)  mature age partner allowance;". 2. Subsection 23(1) (after paragraph
        (e) of the definition of "assurance of support debt"): Insert:

"(ea) mature age allowance under Part 2.12A of this Act; or

   (eb) mature age partner allowance under Part 2.12A of this Act; or". 3.
        Subsection 23(1) (definition of "compensation arrears debt"): After
        "660L", insert ", 660XJQ". 4. Subsection 23(1) (after paragraph (i) of
        the definition of "recipient notification notice"): Insert:

"(ia) section 660XIC (mature age allowance or mature age partner allowance);".
5. Subsection 23(1) (after paragraph (i) of the definition of "recipient
statement notice"): Insert:

"(ia) section 660XID (mature age allowance or mature age partner allowance);".
6. Subsection 23(1) (after paragraph (g) of the definition of "social security
pension"): Insert:

"(h) a mature age allowance; or

        (i)    a mature age partner allowance; or". 7. Subsection 23(4A): Omit
               "and 2.12", substitute ", 2.12 and 2.12A". 7A. Section 150: Add
               at the end: "(5) If a woman is not required to make a claim for
               the wife pension because of subsection 152(3), the woman's
               provisional commencement day is the day on which the woman
               becomes qualified for wife pension.". 8. Section 152: Add at
               the end: "(3) If:

   (a)  a woman is receiving a mature age partner allowance; and

   (b)  the woman becomes qualified for wife pension; and

   (c)  the Secretary determines that the woman is to be automatically
        transferred to the wife pension; the woman does not have to make a
        claim for the wife pension.". 9. After subparagraph 237(1)(d)(vii):
        Insert:
        "(viia)    a mature age allowance or mature age partner
allowance; or". 10. After subparagraph 303(1)(d)(vi): Insert:
        "(via)   a mature age allowance or mature age partner allowance;
or". 11. Subsection 593(1): Add at the end: "Note 16: A person who is
qualified for a newstart allowance may also be qualified for a mature age
allowance (see section 660XBA).
Note 17: Mature age allowance recipients who claim newstart allowance do not
have to satisfy paragraph (1)(h) (see section 599A).". 12. After section 599:
Insert: Mature age allowance and mature age partner allowance recipients taken
to satisfy paragraph 593(1)(h) Mature age allowance "599A.(1) If:

   (a)  a person is receiving a mature age allowance during a period; and

   (b)  the person claims a newstart allowance; and

   (c)  the person does not satisfy paragraph 593(1)(h) in respect of the
        period; for the purposes of deciding whether the person is qualified
        for a newstart allowance in respect of the period, the person is taken
        to have satisfied paragraph 593(1)(h) throughout the period. Mature
        age partner allowance "(2) If:

   (a)  a person is receiving a mature age partner allowance during a period;
        and

   (b)  immediately before starting to receive the mature age partner
        allowance, the person was receiving a newstart allowance; and

   (c)  the person claims a newstart allowance; and

   (d)  the person does not satisfy paragraph 593(1)(h) in respect of the
        period; for the purposes of deciding whether the person is qualified
        for a newstart allowance in respect of the period, the person is taken
        to have satisfied paragraph 593(1)(h) throughout the period. Note:
        Section 593 sets out the qualification conditions for newstart
        allowance.". 13. After subsection 614(2): Insert: "(2A) Despite
        anything in this Act, if:

   (a)  an instalment of mature age allowance is payable to a person on a
        pension payday (the "instalment day"); and

   (b)  the person has previously received an instalment of mature age
        allowance; then, newstart allowance is not payable during the 14 day
        period that ends on the day immediately before the instalment day.
        "(2B) Despite anything in this Act, if:

   (a)  an instalment of mature age partner allowance is payable to a person
        on a pension payday (the "instalment day"); and

   (b)  the person has previously received an instalment of mature age partner
        allowance; then, newstart allowance is not payable during the 14 day
        period that ends on the day immediately before the instalment day.".
        14. After section 664: Insert: Mature age allowance and mature age
        partner allowance recipients Mature age allowance recipient "664AA.(1)
        A person is qualified for an employment entry payment under this
        section if:

   (a)  the person commences employment; and

   (b)  immediately before the person commences the employment, the person was
        receiving a mature age allowance; and

   (c)  because the person commences the employment, the person ceases to be
        qualified for a mature age allowance; and

   (d)  the employment is, in the Secretary's opinion, likely to continue for
        more than 4 weeks; and

   (e)  the person has not, within the last 12 months, received a payment
        under this Part. Mature age partner allowance recipient "(2) A person
        is qualified for an employment entry payment under this section if:

   (a)  the person is a member of a couple; and

   (b)  the person commences employment; and

   (c)  immediately before the person commences the employment, the person was
        receiving mature age partner allowance; and

   (d)  the income earned by the person from the employment results in mature
        age allowance ceasing to be payable to the person's partner; and

   (e)  the employment is, in the Secretary's opinion, likely to continue for
        more than 4 weeks; and

   (f)  the person has not, within the last 12 months, received a payment
        under this Part. "(3) If the Secretary is satisfied that:

   (a)  a person has entered an agreement under which the person is to be
        employed; and

   (b)  on the start of that employment, the person would, apart from
        receiving a payment under this subsection, be qualified for a payment
        under subsection (1) or (2); the following provisions have effect:

   (c)  subject to paragraph (d), the person is qualified for an employment
        entry payment, which is payable to the person at such time as the
        Secretary determines;

   (d)  the person is not qualified for the employment entry payment unless
        the Secretary is still satisfied as mentioned in paragraphs (a) and
        (b) at the time at which the payment is payable to the person. "(4)
        The time determined under paragraph (3)(c) is not to be more than 14
        days before the person is to start the employment. Amount of section
        664AA payment "664AB. The amount of an employment entry payment under
        section 664AA is $100.00.". 15. After section 665X: Insert in Part
        2.13A: "Division 7-Mature age allowance recipient Payment to a mature
        age allowance recipient "665Y. A person is qualified for an education
        entry payment under this section if:

   (a)  either:

        (i)    the Secretary is satisfied that the person intends to enrol in
               a full-time course of education that is an approved course
               under the AUSTUDY or ABSTUDY schemes; or

        (ii)   the person is enrolled in such a course; and

   (b)  immediately before commencing the course of education, the person is
        receiving mature age allowance; and

   (c)  the person has not, within the last 12 months, received a payment
        under this Part. Amount of section 665Y payment "665Z. The amount of
        an education entry payment under section 665Y is $200.00. Need for a
        claim "665ZA. A person is not qualified for an education entry payment
        under section 665Y unless:

   (a)  the person makes a claim for the payment; and

   (b)  the claim is in writing and in a form approved by the Secretary. Claim
        may be withdrawn "665ZB.(1) A claimant for an education entry payment
        under this Division, or a person on behalf of a claimant, may withdraw
        a claim that has not been determined. "(2) A claim that is withdrawn
        is taken not to have been made. "(3) A withdrawal may be made orally
        or in writing.". 16. Paragraph 1064(1)(e): Add at the end: "and

   (f)  mature age allowance; and

   (g)  mature age partner allowance;".
7. Paragraph 1064(5)(b): Add at the end:

"(v) a mature age allowance;". 18. Section 1064 (Pension Rate Calculator A-
paragraph 1064-E3(a)): Omit "or sole parent pension", substitute ", sole
parent pension, mature age allowance or mature age partner allowance". 19.
Section 1158: After "widow B pension", insert ", mature age allowance, mature
age partner allowance". 20. After paragraph 1163(1)(h): Insert:
        "; (i)   mature age allowance;


   (j)  mature age partner allowance.". 21. After subsection 1163(8): Insert:
        "(8A) A mature age allowance or mature age partner allowance will only
        be affected under this Part if:

   (a)  the compensation is received on or after 20 March 1994; and

   (b)  the claim for the allowance was made on or after 20 March 1994.". 21A.
        Subsection 1166(2) (Recoverable Amount Table-item 1- column 3): Add at
        the end "MA". 22. Subsection 1166(2) (Recoverable Amount Table-item 2-
        column 3): Add at the end "MA". 23. Subsection 1166(2) (Recoverable
        Amount Table-item 2- column 4): Add at the end "MAPA". 24. Subsection
        1166(2) (Recoverable Amount Table-item 3- column 3): Add at the end:
        "MA
MAPA". 25. Subsection 1166(2) (Recoverable Amount Table-item 3- column 4): Add
at the end: "MA
MAPA". 26. Subsection 1166(2) (Recoverable Amount Table-Key): After "SNDSP =
special needs disability support pension", insert: "MA = mature age allowance
MAPA = mature age partner allowance". 26A. Subsection 1168(3) (Reduction
Table-item 1-column 3): Add at the end "MA". 27. Subsection 1168(3) (Reduction
Table-item 2-column 3): Add at the end "MA". 28. Subsection 1168(3) (Reduction
Table-item 2-column 4): Add at the end: "MA
MAPA". 29. Subsection 1168(3) (Reduction Table-item 3-column 3): Add at the
end "MA". 30. Subsection 1168(3) (Reduction Table-item 3-column 4): Add at the
end: "MA
MAPA". 31. Subsection 1168(3) (Reduction Table-item 4-column 3): Add at the
end: "MA
MAPA". 32. Subsection 1168(3) (Reduction Table-item 4-column 4): Add at the
end: "MA
MAPA". 33. Subsection 1168(3) (Reduction Table-item 5-column 3): Add at the
end: "MA
MAPA". 34. Subsection 1168(3) (Reduction Table-item 5-column 4): Add at the
end: "MA
MAPA". 35. Subsection 1168(3) (ReductionTable-Key): After "RHA =
rehabilitation allowance payable in place of DSP or SSB", insert: "MA = mature
age allowance
MAPA = mature age partner allowance". 35A. Subsection 1170(2) (Recoverable
Amount Table-item 1- column 3): Add at the end "MA". 36. Subsection 1170(2)
(Recoverable Amount Table-item 2- column 3): Add at the end "MA". 37.
Subsection 1170(2) (Recoverable Amount Table-item 2- column 4): Add at the end
"MA
MAPA". 38. Subsection 1170(2) (Recoverable Amount Table-item 3- column 3): Add
at the end: "MA
MAPA". 39. Subsection 1170(2) (Recoverable Amount Table-item 3- column 4): Add
at the end: "MA
MAPA". 40. Subsection 1170(2) (Recoverable Amount Table-Key): After "RHA =
rehabilitation allowance payable in place of DSP or SSB", insert: "MA = mature
age allowance
MAPA = mature age partner allowance". 41. After subparagraph 1187(1)(a)(vi):
Insert: "or

   (vii) mature age allowance; or

   (viii) mature age partner allowance;".
2. After subparagraph 1187(2)(a)(ii): Insert: "or

   (iii) mature age allowance;".
3. After subparagraph 1187(2)(c)(ii): Insert: "or

   (iii) mature age partner allowance in respect of the person;".
4. Section 1211:

   (a)  Omit "Social", substitute "Mature age allowance, mature age partner
        allowance, social".

   (b)  After "593(2)(g)" insert ", 660XBA(1)(f), 660XBI(1)(c)".

   (c)  Add at the end: "Note 4: Subsection 660XBA(4) provides that a person
        is taken to be in Australia for the purposes of paragraph 660XBA(1)(f)
        (qualification for mature age allowance) if the person is temporarily
        absent from Australia due to exceptional circumstances for the period
        of 13 weeks or less. Similar provisions exist for mature age partner
        allowance
(see subsection 660XBI(2) and paragraph 660XBI(1)(c)).". 45. After
subparagraph 1212(3)(a)(vi): Insert:
    "(via)   mature age allowance; or

(vib) mature age partner allowance; or". 46. After paragraph 1223A(3)(m):
Insert:

"(ma) section 660XJB (mature age allowance);

   (mb) section 660XJB (mature age partner allowance);". 47. After paragraph
        1223B(2)(h): Insert:

"(ha) section 660XJF (mature age allowance);". 48. Subsection 1239(1) (Note):

   (a)  After "660FA", insert ", 660XJI".

   (b)  After "660IB", insert ", 660XJN". 49. Subsection 1240(1) (Note):

   (a)  After "660FA", insert ", 660XJI".

   (b)  After "660IB", insert ", 660XJN". 50. Subsection 1247(1) (Note):

   (a)  After "660FA", insert ", 660XJI".

   (b)  After "660IB", insert ", 660XJN". 51. Paragraph 1250(1)(d): After
        "637", insert "660XDB, 660XDC,".
PART 2-AMENDMENTS OF OTHER ACTS
Data-matching Program (Assistance and Tax) Act 1990 52. Section 3 (after
subparagraph (c)(xvii) of the definition of "personal assistance"): Insert:

"(xviia) mature age allowance;
(xviib) mature age partner allowance;". Veterans' Entitlements Act 1986 53.
Subsection 5Q(1) (after paragraph (g) of the definition of "social security
pension"): Insert:

"(ga) mature age allowance under Part 2.12A; or

   (gb) mature age partner allowance under Part 2.12A; or".