Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 1) 1995 No. 104, 1995 - SCHEDULE 20

                           SCHEDULE 20                      Section 4

OTHER MINOR TECHNICAL AMENDMENTS
PART 1-MINOR TECHNICAL AMENDMENT OF THE SOCIAL SECURITY 
(BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993  1. Item 35
(heading) of Schedule 3: Omit "1250(1)(ca)", substitute "1250(ca)".
PART 2-MINOR TECHNICAL AMENDMENTS OF THE SOCIAL SECURITY 
(PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION
AMENDMENT ACT 1994  2. Item 1 of Schedule 1 (proposed paragraph 909(1)(e) of
the Social  Security Act 1991 ): Omit "Youth Training Allowance", substitute
"youth training allowance". 3. Item 1 of Schedule 1 (proposed paragraph
909(1)(k) of the Social  Security Act 1991 ): Omit "or newstart allowance",
substitute ", newstart allowance or a youth training allowance". 4. After
proposed subparagraph 911(3)(a)(i) of the Social Security Act  1991 in item 1
of Schedule 1: Insert: "(ia) a youth training allowance; or". 5. Item 1 of
Schedule 1 (proposed section 916 of the Social Security Act  1991 ): Omit
"Youth Training Allowance" (wherever occurring), substitute "youth training
allowance". 6. Item 1 of Schedule 1 (proposed subsection 926(1) of the Social 
Security Act 1991 ): Omit the subsection, substitute: "'(1) A parenting
allowance is not payable if: (a) a period of non-payment of job search
allowance has been applied to the person under paragraph 526(1)(j) of this
Act; or (b) a period of non-payment of newstart allowance has been applied to
the person under paragraph 608(1)(j) of this Act; or (c) a period of
non-payment of youth training allowance has been applied to the person under
paragraph 85(1)(k), (l) or (m) of the Student and Youth Assistance Act 1973;
and that period has not ended.". Note: The heading to proposed section 926 is
replaced by the heading "Non-payment periods for job search allowance,
newstart allowance and youth training allowance". 7. Item 1 of Schedule 1
(proposed section 951B of the Social Security  Act 1991 ): Omit "the benefit",
substitute "the social security benefit or youth training allowance". 8. Item
1 of Schedule 1 (proposed paragraph 951Z(2)(b) of the Social  Security Act
1991 ): After "social security benefit" insert ", a youth training allowance".
9. Item 2 of Schedule 1 (proposed point 1068A-B4 of the Social Security  Act
1991 ): Omit "or a social security benefit", substitute ", a social security
benefit or a youth training allowance". 10. Item 2 of Schedule 1 (proposed
point 1068A-B5 of the Social Security  Act 1991 ): Omit "or a social security
benefit", substitute ", a social security benefit or a youth training
allowance". 11. Item 2 of Schedule 1 (proposed paragraphs 1068A-D12(a) and (b)
of the Social Security Act 1991): After "a social security benefit" insert "or
a youth training allowance". 12. Item 2 of Schedule 1 (proposed paragraph
1068A-D12(b) of the Social  Security Act 1991 ): After "benefit" (last
occurring) insert "or allowance". 13. Item 2 of Schedule 1 (proposed point
1068A-F2 of the Social Security Act 1991-Table F-1-item 3-column 3): Omit
"$123.60", substitute "$61.80". 14. Item 2 of Schedule 1 (proposed
subparagraph 1068A-F5(b)(i) of the Social Security Act 1991): After "a social
security benefit" insert "or a youth training allowance". 15. Item 2 of
Schedule 1 (proposed subparagraph 1068A-F5(b)(ii) of the
Social Security Act 1991): After "Benefit Rate Calculator A," insert "Module G
of the Sickness Allowance Rate Calculator,". 16. After proposed subparagraph
1068A-F5(b)(ii) of the Social Security  Act 1991 in Item 2 of Schedule 1:
Insert: "; or (iii) would be receiving a youth training allowance but for the
application of the income test under Module G of Part 2 of Schedule 1 to the
Student and Youth Assistance Act 1973.". 17. Item 2 of Schedule 1 (proposed
point 1068A-F6 of the Social Security Act 1991-Table F-2-item 1-column 3):
Omit "$61.80", substitute "$103.60". 18. Item 2 of Schedule 1 (proposed point
1068A-F6 of the Social Security Act 1991-Table F-2-item 3-column 4): Omit
"$71.20", substitute "$69.20". 19. Item 2 of Schedule 1 (proposed paragraph
1068A-G7(b) of the Social  Security Act 1991 ): Omit "or benefit", substitute
", a benefit or a youth training allowance". 20. Before item 3 of Schedule 1:
Insert in Part 3 of Schedule 1: "2A. Section 3 (Index of definitions): Omit:
'child bereavement payment        21(1)'.".
21. Item 122 of Schedule 1: Omit the item, substitute: "122. Section 1190
(Indexed and Adjusted Amounts Table- item 30-column 2): Before 'for homeowner'
insert 'or parenting allowance'.". 22. Item 124 of Schedule 1: Omit the item,
substitute: "124. Section 1190 (Indexed and Adjusted Amounts Table- item
31-column 2): Before 'for non-homeowner' insert 'or parenting allowance'.".
23. Item 126 of Schedule 1: Omit the item, substitute: "126. Section 1190
(Indexed and Adjusted Amounts Table- item 32-column 2): Before 'for homeowner'
insert 'or parenting allowance'.". 24. Item 128 of Schedule 1: Omit the item,
substitute: "128. Section 1190 (Indexed and Adjusted Amounts Table- item
33-column 2): Before 'for non-homeowner' insert 'or parenting allowance'.".
25. Item 130 of Schedule 1: Omit the item, substitute: "130. Section 1190
(Indexed and Adjusted Amounts Table- item 47-column 2): Omit paragraphs (a),
(b) and (c), substitute: '(a) who is receiving a social security benefit
(other than sickness allowance payable to a person referred to in subsection
709(3)) and who has a partner; or (b) who is receiving a parenting
allowance'.". 26. Item 132 of Schedule 1: Omit the item, substitute: "132.
Section 1190 (Indexed and Adjusted Amounts Table- item 49-column 2): Before
'and is a member' insert 'or a parenting allowance'.". 27. Item 134 of
Schedule 1: Omit the item, substitute: "134. Section 1190 (Indexed and
Adjusted Amounts Table- item 49B-column 2): Omit all the words from and
including 'person who', substitute: 'person: (a) who is receiving a social
security benefit (other than sickness allowance payable to a person referred
to in subsection 709(3)) and has a partner who is getting a service pension;
or (b) who is receiving a parenting allowance and whose partner is getting a
service pension'.". 28. Item 136 of Schedule 1: Omit the item, substitute:
"136. Section 1190 (Indexed and Adjusted Amounts Table-item 49D-column 2):
Omit paragraphs (a), (b) and (c), substitute: '(a) who is receiving a social
security benefit (other than sickness allowance payable to a person referred
to in subsection 709(3)) and has a partner who is in gaol; or (b) who is
receiving a parenting allowance and whose partner is in gaol'.". 29. Item 138
of Schedule 1: (a) Omit "item 49D", substitute "item 49J". (b) Omit "49E",
substitute "49K". 30. Item 140 of Schedule 1: (a) Omit "item 33", substitute
"item 33A". (b) Omit "33A", substitute "33B". 31. Item 1 of Schedule 2
(proposed paragraph 8(8)(zl) of the Social  Security Act 1991 ): (a) After "a
social security benefit" insert "or a youth training allowance,". (b) Reletter
the proposed paragraph as paragraph (zm). 32. Item 8 of Schedule 2 (proposed
paragraphs 1067-H9(a) and (b) of the Social Security Act 1991): After "a
social security benefit" insert "or a youth training allowance". 33. Item 8 of
Schedule 2 (proposed paragraph 1067-H9(b) of the Social  Security Act 1991 ):
After "benefit" (last occurring) insert "or allowance". 34. Item 15 of
Schedule 2 (proposed paragraphs 1068-G9(a) and (b) of the
Social Security Act 1991): After "a social security benefit" insert "or a
youth training allowance". 35. Item 15 of Schedule 2 (proposed paragraph
1068-G9(b) of the Social  Security Act 1991 ): After "benefit" (last
occurring) insert "or allowance". 36. Item 32 of Schedule 2 (proposed
paragraphs 1168(4)(c) and (d) of the Social Security Act 1991): Omit "or a
parenting allowance", substitute ", a parenting allowance or a youth training
allowance". 37. Item 32 of Schedule 2 (proposed subsection 1168(5) of the
Social  Security Act 1991 (definition of "Partner's excess compensation
rate")): After "social security benefit" insert ", parenting allowance or
youth training allowance". 38. Items 2, 3 and 4 of Schedule 3 (proposed
subsection 771HA(1)): Omit the items, substitute: "2. Subsection 771HA(1):
Omit the subsection, substitute: '(1) Subject to subsections (1A) and (3), and
section 771HB, a person is qualified for a partner allowance in respect of a
period if: (a) throughout the period, the person is a member of a couple; and
(b) throughout the period, the person's partner is at least 21; and (c)
throughout the period, the person's partner is receiving job search allowance,
newstart allowance, sickness allowance, special benefit, rehabilitation
allowance, age pension, disability support pension, disability wage supplement
or mature age allowance; and (d) throughout the period, the person: (i) is an
Australian resident; and (ii) is in Australia; and (e) the person was born on
or before 1 July 1955; and (f) the person is not qualified for parenting
allowance at any time during the period; and (g) the person has not received
job search allowance, newstart allowance or sickness allowance at any time in
the 13 week period immediately before the day on which the person claimed
partner allowance; and (h) the person does not have recent workforce
experience. Note 1: For "member of a couple" see section 4. Note 2: For
"Australian resident" see section 7. Note 3: A person may be temporarily
absent from Australia for up to 3 months and nevertheless be treated as being
in Australia for the purposes of this section (see subsection (4)).'.". 39.
After item 5 of Schedule 3: Insert: "5A. Subsection 771HA(2): Omit the
subsection.". 40. Item 28 of Schedule 3 (proposed subsection 3(1) of the
Health  Insurance Act 1973 (definition of "DSS benefit dependant")): After "
Social Security Act 1991" insert "or a youth training allowance under the
Student and Youth Assistance Act 1973".
NOTE ABOUT SECTION HEADINGS 1. On the commencement of Part 7 of Schedule 19:
(a) the heading to section 372B is altered by omitting "or partner"; (b) the
heading to section 391 is altered by omitting "or partner"; (c) the heading to
section 661 is replaced by the heading "Job search allowees over 18 or
newstart allowees"; (d) the heading to section 953 is altered by omitting
"allowance" and substituting "payment"; (e) the heading to section 1074 is
altered by omitting "capital".