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SOCIAL SECURITY AMENDMENT (FURTHER SIMPLIFICATION) ACT 2004 NO. 23, 2004 - SCHEDULE 2

- Miscellaneous

Social Security Act 1991

1 Subsection 5(1) (definition of homeless person )

Repeal the definition.

2 Subsection 5(1) (definition of independent )

Omit "and 3.5", substitute ", 3.4A, 3.4B, 3.5 and 3.7".

3 Subsection 5(1) (definition of independent young person )

Repeal the definition.

4 Subsection 17(1) (at the end of the definition of compensation affected payment )

Add:

; or (l) any of the following:
(i) an advance pharmaceutical allowance;
(ii) a telephone allowance, other than a telephone allowance payable to the holder of a seniors health card;
(iii) an employment entry payment;
(iv) an education entry payment;
(v) a pensioner education supplement;
where, in order to be qualified for the allowance, payment or supplement, a person must be receiving, or receiving at a particular time, another kind of payment and that other kind of payment (the underlying compensation affected payment ) is a compensation affected payment to which any of paragraphs (aa) to (k) applies; or
(m) a fares allowance, where:
(i) if subparagraph 1061ZAAA(1)(b)(i), (ii) or (iii) applies—the allowance or payment (the underlying compensation affected payment ) mentioned in that subparagraph is a compensation affected payment to which any of paragraphs (aa) to (k) of this definition applies; or
(ii) if subparagraph 1061ZAAA(1)(b)(iv) applies—in order to be qualified for the supplement mentioned in that subparagraph, a person must be receiving another kind of payment and that other kind of payment (the underlying compensation affected payment ) is a compensation affected payment to which any of paragraphs (aa) to (k) of this definition applies; or
(n) a CDEP Scheme Participant Supplement, where the pension, payment or allowance (the underlying compensation affected payment ) mentioned in paragraph 1188D(2)(a) is a compensation affected payment to which any of paragraphs (aa) to (k) of this definition applies.
5 Subsection 19A(2) (definition of independent )

Omit "and 3.5", substitute ", 3.4A, 3.4B, 3.5 and 3.7".

6 Point 1066A-B1 (cell at table item 1 of Table B, column 2)

Repeal the cell, substitute:


Not a member of a couple and person:

(a) is under 18 years of age; and
(b) is not independent; and
(c) is not living away from the person's parental home because of a medical condition of the person






7 Point 1066A-B1 (cell at table item 2 of Table B, column 2)

Repeal the cell, substitute:


Not a member of a couple and person:

(a) is under 18 years of age; and
(b) either:

(i) is independent; or
(ii) is living away from the person's parental home because of a medical condition of the person






8 Point 1066A-B1 (cell at table item 3 of Table B, column 2)

Repeal the cell, substitute:


Not a member of a couple and person:

(a) has reached 18 years of age; and
(b) is living at home of parent or parents; and
(c) is not independent






9 Point 1066A-B1 (cell at table item 4 of Table B, column 2)

Repeal the cell, substitute:


Not a member of a couple and person:

(a) has reached 18 years of age; and
(b) either:

(i) is not living at a home of parent or parents; or
(ii) is living at a home of parent or parents, but is independent






10 Point 1066A-B1 (Table B, note 2)

Repeal the note, substitute:

Note 2: For dependent child and independent see section 5.

11 Point 1066B-B1 (cell at table item 1 of Table B, column 2)

Repeal the cell, substitute:


Not a member of a couple and person:

(a) is under 18 years of age; and
(b) is not independent; and
(c) is not living away from the person's parental home because of a medical condition of the person






12 Point 1066B-B1 (cell at table item 2 of Table B, column 2)

Repeal the cell, substitute:


Not a member of a couple and person:

(a) is under 18 years of age; and
(b) either:

(i) is independent; or
(ii) is living away from the person's parental home because of a medical condition of the person






13 Point 1066B-B1 (cell at table item 3 of Table B, column 2)

Repeal the cell, substitute:


Not a member of a couple and person:

(a) has reached 18 years of age; and
(b) is living at home of parent or parents; and
(c) is not independent






14 Point 1066B-B1 (cell at table item 4 of Table B, column 2)

Repeal the cell, substitute:


Not a member of a couple and person:

(a) has reached 18 years of age; and
(b) either:

(i) is not living at a home of parent or parents; or
(ii) is living at a home of parent or parents, but is independent





15 Point 1066B-B1 (Table B, note 2)

Repeal the note, substitute:

Note: For dependent child and independent see section 5.

16 Subsection 1067(1) (definition of independent , note)

Omit "Part 2.11", substitute "Parts 2.11, 3.4A, 3.4B and 3.7".

17 Subsection 1067A(1)

Omit "Part 2.11", substitute "Parts 2.11, 3.4A, 3.4B and 3.7"

18 Subsection 1083(1)

Omit "receives", substitute "earns, derives or receives".

19 Subsection 1083(2)

Omit "receives", substitute "earns, derives or receives".

20 After subsection 1106(2) (before note 1)

Insert:

(3)
Paragraph (1)(a) does not apply if:

(a) the source of the income is a deprived asset, or
(b) the income is earned, derived or received from a transaction involving a deprived asset.
21 Section 1106 (note 1)

Omit "Note 1", substitute "Note".

22 Section 1106 (note 2)

Repeal the note.

23 Subsection 1109(1) (note 3)

Repeal the note.

24 Section 1110

Repeal the section.

25 Subsection 1118(1)

After "subparagraph 501E(1)(d)(iv)", insert ", Division 1B of Part 3.10".

26 Subsection 1118(2)

After "this Act", insert "(other than Division 1B of Part 3.10)".

27 Subsection 1118B(1)

After "subparagraph 263(1)(d)(iv)", insert ", Division 1B of Part 3.10".

28 Subsection 1121(1)

After "this Act", insert "(other than Division 1B of Part 3.10)".

29 Subsection 1124A(1) (note 3)

Repeal the note.

30 Subsection 1125(1) (note 3)

Repeal the note.

31 Subsection 1125A(1) (note 3)

Repeal the note.

32 Subsection 1126(1) (note 3)

Repeal the note.

33 Subsection 1126A(1) (note 3)

Repeal the note.

34 Subsection 1126B(1) (note 3)

Repeal the note.

35 After subsection 1161(6)

Insert:

(6A)
Subject to section 1161A, this Part applies to a compensation affected payment to which paragraph (l), (m) or (n) of the definition of that expression in subsection 17(1) applies if:

(a) the compensation is received on or after 1 July 2004; and
(b) either:
(i) if the compensation affected payment to which that paragraph applies is one in respect of which a claim must be made for a person to be qualified for the payment—a claim is made for the payment on or after 1 July 2004; or
(ii) if the compensation affected payment to which that paragraph applies is not one in respect of which a claim must be made for a person to be qualified for the payment—the compensation affected payment is received on or after 1 July 2004.
36 After section 1161

Insert:

1161A Application of Part to supplementary compensation affected payments

(1)
For the purposes of this section:

(a) a reference to a supplementary compensation affected payment is a reference to a compensation affected payment to which paragraph (l), (m) or (n) of the definition of compensation affected payment in subsection 17(1) applies; and
(b) a supplementary compensation affected payment relates to any allowance, supplement, pension or payment of a kind that, in the applicable paragraph of the definition of compensation affected payment in subsection 17(1), is labelled as the underlying compensation affected payment.

(2)
Except as mentioned in this section, this Part does not apply to a supplementary compensation affected payment.

(3)
If:

(a) as a result of the operation of section 1169, any underlying compensation affected payment to which a supplementary compensation affected payment relates was not payable in relation to the day on which the supplementary compensation affected payment was received; or
(b) as a result of the operation of section 1173 or 1174, the rate of any underlying compensation affected payment to which a supplementary compensation affected payment relates was reduced to nil in relation to the day on which the supplementary compensation affected payment was received; or
(c) the following conditions are satisfied:
(i) the rate of any of the compensation affected payments that would have been made as mentioned in subparagraph 1181(1)(b)(ii) or (2)(d)(ii) or 1184A(2)(c)(ii) or (3)(d)(ii) is nil;
(ii) the compensation affected payment is an underlying compensation affected payment to which a supplementary compensation affected payment relates;
(iii) the underlying compensation affected payment was made in relation to the day on which the supplementary compensation affected payment was received; or
(d) an adverse determination mentioned in subsection 1184I(1) has the effect that:
(i) any underlying compensation affected payment to which a supplementary compensation affected payment relates is cancelled or suspended in relation to the day on which the supplementary compensation affected payment was received; or
(ii) the rate of any underlying compensation affected payment to which a supplementary compensation affected payment relates is reduced to nil in relation to the day on which the supplementary compensation affected payment was received;

then:

(e) in any case—the supplementary compensation affected payment is not payable; and
(f) if paragraph (d) applies—for the purposes of subsection 1184I(1), the amount of the supplementary compensation affected payment is taken to be an amount that the person in relation to whom it was made is liable to pay to the Commonwealth because of the determination.

(4)
If:

(a) any of:
(i) the payments of the compensation affected payment mentioned in paragraph 1179(b); or
(ii) the compensation affected payments mentioned in paragraph 1184A(1)(a);
is an underlying compensation affected payment to which a supplementary compensation affected payment relates; and
(b) the underlying compensation affected payment was made in relation to the day on which the supplementary compensation affected payment was received;

then the sum mentioned in that paragraph is increased by the amount of the supplementary compensation affected payment.

(5)
If:

(a) the rate of any of the compensation affected payments that would have been made as mentioned in subparagraph 1181(1)(b)(ii) or (2)(d)(ii) or 1184A(2)(c)(ii) or (3)(d)(ii) is nil; and
(b) the compensation affected payment is an underlying compensation affected payment to which a supplementary compensation affected payment relates; and
(c) the underlying compensation affected payment was made in relation to the day on which the supplementary compensation affected payment was received;

then the difference mentioned in paragraph 1181(1)(b) or (2)(d) or 1184A(2)(c) or (3)(d) is increased by the amount of the supplementary compensation affected payment.

(6)
If a compensation affected payment that would have been reduced as mentioned in subsection 1184A(4):

(a) would have been reduced to nil; and
(b) is an underlying compensation affected payment to which a supplementary compensation affected payment relates; and
(c) was received in relation to the day on which the supplementary compensation affected payment was received;

then the recoverable amount mentioned in subsection 1184A(4) is increased by the amount of the supplementary compensation affected payment, but only to the extent that the sum of all increases under this subsection in relation to the periodic compensation payments does not exceed the sum of the amounts of those payments.

37 Application

The amendments made by items 1 to 3 and 5 to 17 of this Schedule apply in respect of instalment periods beginning on and after 1 July 2004.



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