Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' ENTITLEMENTS LEGISLATION AMENDMENT (MISCELLANEOUS MATTERS) ACT 2000 NO. 94, 2000 - SCHEDULE 3

1 Subparagraphs 5N(2)(a)(i) and (ia)

2 Subparagraph 5N(2)(a)(ii)

3 Subparagraph 5N(2)(a)(iii)

4 Subparagraph 5N(2)(a)(iv)

5 Subparagraph 5N(2)(a)(v)

6 Subparagraph 5N(2)(a)(vi)

7 Subsection 5Q(1)

temporarily , in relation to a departure or absence from Australia, has a meaning affected by subsection (3) or (4), as the case requires.

8 Subsection 5Q(3)

(3)

In determining whether a person has left Australia temporarily or otherwise, regard is to be had to the following:

(a)

the purpose for which the person left Australia;

(b)

the intended duration of the person's absence from Australia;

(c)

the frequency of the occasions on which the person has left Australia.

(4)

In determining whether a person is absent from Australia temporarily or otherwise, regard is to be had to the following:

(a)

the purpose of the absence;

(b)

the intended duration of the absence;

(c)

the frequency of such absences.

9 Paragraph 5R(12)(c)

10 Subsection 58K(1) (note)

Note 1: Rent assistance is not payable to a person who is absent from Australia otherwise than temporarily. If a person is absent from Australia temporarily, rent assistance is not payable for any part of the absence in excess of 26 weeks.

Note 2: A person who is absent from Australia may not be eligible for a pharmaceutical allowance (see section 118A and point SCH6-D2 for a person leaving Australia on or after 20 September 2000 or see that section and point as previously in force for a person who left Australia before that date).

11 Subsection 118A(1)

12 Subsection 118A(2)

(2)

A person who leaves Australia otherwise than temporarily is not eligible for a pharmaceutical allowance after the day on which he or she left Australia.

(2A)

A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for a pharmaceutical allowance after the first 26 weeks of the absence.

13 Subsection 118A(4)

14 After subsection 118Q(3)

People leaving Australia otherwise than temporarily

(3A)

A person who leaves Australia otherwise than temporarily is not eligible for a telephone allowance on or after the next telephone allowance payday.

Temporary absence from Australia

(3B)

A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for an instalment of telephone allowance that, apart from this subsection, would be payable on a telephone allowance payday occurring after the first 26 weeks of the absence.

15 Paragraph SCH6-C3(e)

(e)

either:

(i)

the person is in Australia; or

(ii)

the person is temporarily absent from Australia and the period in respect of which the rent assistance is sought is not a period after the first 26 weeks of the absence; and

16 Point SCH6-D2

No pharmaceutical allowance during certain periods of absence from Australia

SCH6-D2 Pharmaceutical allowance is not to be added to a person's maximum basic rate if the person is not eligible to receive the allowance because of subsection 118A(2) or (2A).

17 Point SCH6-G3

Eligibility of FA children who are outside Australia

SCH6-G3(1) If an FA child leaves Australia otherwise than temporarily, additional allowance is not payable for the child on or after the day on which he or she left Australia.

(2)

If an FA child is temporarily absent from Australia for more than 8 weeks, additional allowance is not payable for the child after the first 8 weeks of the absence.

18 Application of amendments