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SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 109, 1994 - SCHEDULE 2
SCHEDULE 2 Section 40
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO
DIVISION 6 OF PART 2
PART 1-AMENDMENTS COMMENCING ON ROYAL ASSENT
1. Paragraph 101(1)(a): Omit the paragraph, substitute:
"(a) the person is requested under section 111 or 130 to:
(i) give the Secretary a written statement of the person's tax file
number; or
(ii) apply for a tax file number and give the Secretary a written
statement of the person's tax file number once it has been
issued; and".
2. Paragraph 101(1)(b): Omit "requirement", substitute "request".
3. Paragraph 101(3)(a): Omit the paragraph, substitute:
"(a) the person's declaration states that the person has applied for a tax
file number; and".
4. After paragraph 101(3)(b): Insert:
"(ba) the Commissioner of Taxation has not told the Secretary that the person
has not applied for a tax file number; and".
5. Paragraph 102(1)(b): Omit "required", substitute "requested".
6. Paragraph 102(1)(c): Omit "requirement", substitute "request".
7. Subsection 102(4): Omit "requirement", substitute "request".
8. Sections 111 and 112: Repeal the sections, substitute: Secretary may
request claimant to give statement of claimant's tax file number
"111.(1) If a claimant for a disability support pension is in Australia, the
Secretary may request but not compel the claimant:
(a) if the claimant has a tax file number-to give the Secretary a written
statement of the claimant's tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the claimant's tax
file number after the Commissioner of Taxation has issued it.
"(2) A disability support pension is not payable to a claimant if, at the end
of the period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note: In some cases the request can be satisfied by giving
the Secretary a declaration by the claimant about the claimant's tax
file number and an authority by the claimant to the Commissioner of
Taxation to give the Secretary certain information about the
claimant's tax file number (see subsections 101(2) and (3)). Secretary
may request claimant to give statement of partner's tax file number
"112.(1) If:
(a) a claimant for a disability support pension is a member of a couple;
and
(b) the claimant's partner is in Australia; the Secretary may request but
not compel the claimant to give the Secretary a written statement of
the tax file number of the claimant's partner.
"(2) A disability support pension is not payable to a claimant if, at the end
of the period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note 1: In some cases the request can be satisfied by giving
the Secretary a declaration by the partner about the partner's tax
file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 102(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
102(4)).".
9. Sections 130 and 131: Repeal the sections, substitute: Secretary may
request recipient to give statement of recipient's tax file number
"130.(1) If a recipient of a disability support pension is in Australia, the
Secretary may request but not compel the recipient:
(a) if the recipient has a tax file number-to give the Secretary a written
statement of the recipient's tax file number; or
(b) if the recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the recipient's
tax file number after the Commissioner of Taxation has issued
it.
"(2) A disability support pension is not payable to a recipient if, at the end
of the period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note: In some cases the request can be satisfied by
giving the Secretary a declaration by the recipient about the
recipient's tax file number and an authority by the recipient to the
Commissioner of Taxation to give the Secretary certain information
about the recipient's tax file number (see subsections 101(2) and
(3)). Secretary may request recipient to give statement of partner's
tax file number
"131.(1) If:
(a) a disability support pension recipient is a member of a couple; and
(b) the recipient's partner is in Australia; the Secretary may request but
not compel the recipient to give the Secretary a written statement of
the tax file number of the recipient's partner.
"(2) A disability support pension is not payable to a recipient if, at the end
of the period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note 1: In some cases the request can be satisfied by
giving the Secretary a declaration by the partner about the partner's
tax file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 102(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
102(4)).".
10. Paragraph 150A(1)(a): Omit the paragraph, substitute:
"(a) the woman is requested under section 155A or 171A to:
(i) give the Secretary a written statement of the woman's tax file
number; or
(ii) apply for a tax file number and give the Secretary a written
statement of the woman's tax file number once it has been
issued; and".
11. Paragraph 150A(1)(b): Omit "requirement", substitute "request".
12. Paragraph 150A(3)(a): Omit the paragraph, substitute:
"(a) the woman's declaration states that the woman has applied for a tax file
number; and".
13. After paragraph 150A(3)(b): Insert:
"(ba) the Commissioner of Taxation has not told the Secretary that the woman
has not applied for a tax file number; and".
14. Paragraph 150B(1)(a): Omit "required", substitute "requested".
15. Paragraph 150B(1)(b): Omit "requirement", substitute "request".
16. Subsection 150B(4): Omit "requirement", substitute "request".
17. Sections 155A and 155B: Repeal the sections, substitute: Secretary may
request claimant to give statement of claimant's tax file number
"155A.(1) If a claimant for a wife pension is in Australia, the Secretary may
request but not compel the claimant:
(a) if the claimant has a tax file number-to give the Secretary a written
statement of the claimant's tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the claimant's tax
file number after the Commissioner of Taxation has issued it.
"(2) A wife pension is not payable to a claimant if, at the end of the period
of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note: In some cases the request can be satisfied by giving
the Secretary a declaration by the claimant about the claimant's tax
file number and an authority by the claimant to the Commissioner of
Taxation to give the Secretary certain information about the
claimant's tax file number (see subsections 150A(2) and (3)).
Secretary may request claimant to give statement of partner's tax file
number
"155B.(1) If the partner of a claimant for a wife pension is in Australia, the
Secretary may request but not compel the claimant to give the Secretary a
written statement of the tax file number of the claimant's partner.
"(2) A wife pension is not payable to a claimant if, at the end of the period
of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note 1: In some cases the request can be satisfied by giving
the Secretary a declaration by the partner about the partner's tax
file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 150B(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
150B(4)).".
18. Sections 171A and 171B: Repeal the sections, substitute: Secretary may
request recipient to give statement of recipient's tax file number
"171A.(1) If a recipient of a wife pension is in Australia, the Secretary may
request but not compel the recipient:
(a) if the recipient has a tax file number-to give the Secretary a written
statement of the recipient's tax file number; or
(b) if the recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the recipient's
tax file number after the Commissioner of Taxation has issued
it.
"(2) A wife pension is not payable to a recipient if, at the end of the period
of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note: In some cases the request can be satisfied by
giving the Secretary a declaration by the recipient about the
recipient's tax file number and an authority by the recipient to the
Commissioner of Taxation to give the Secretary certain information
about the recipient's tax file number (see subsections 150A(2) and
(3)). Secretary may request recipient to give statement of partner's
tax file number
"171B.(1) If the partner of a wife pension recipient is in Australia, the
Secretary may request but not compel the recipient to give the Secretary a
written statement of the tax file number of the recipient's partner.
"(2) A wife pension is not payable to a recipient if, at the end of the period
of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note 1: In some cases the request can be satisfied by
giving the Secretary a declaration by the partner about the partner's
tax file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 150B(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
150B(4)).".
19. Paragraph 201A(1)(a): Omit the paragraph, substitute:
"(a) the person is requested under section 206A or 221A to:
(i) give the Secretary a written statement of the person's tax file
number; or
(ii) apply for a tax file number and give the Secretary a written
statement of the person's tax file number once it has been
issued; and".
20. Paragraph 201A(1)(b): Omit "requirement", substitute "request".
21. Paragraph 201A(3)(a): Omit the paragraph, substitute:
"(a) the person's declaration states that the person has applied for a tax
file number; and".
22. After paragraph 201A(3)(b): Insert:
"(ba) the Commissioner of Taxation has not told the Secretary that the person
has not applied for a tax file number; and".
23. Paragraph 201B(1)(b): Omit "required", substitute "requested".
24. Paragraph 201B(1)(c): Omit "requirement", substitute "request".
25. Subsection 201B(4): Omit "requirement", substitute "request".
26. Sections 206A and 206B: Repeal the sections, substitute: Secretary may
request claimant to give statement of claimant's tax file number
"206A.(1) The Secretary may request but not compel a claimant for a carer
pension:
(a) if the claimant has a tax file number-to give the Secretary a written
statement of the claimant's tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the claimant's tax
file number after the Commissioner of Taxation has issued it.
"(2) A carer pension is not payable to a claimant if, at the end of the period
of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note: In some cases the request can be satisfied by giving
the Secretary a declaration by the claimant about the claimant's tax
file number and an authority by the claimant to the Commissioner of
Taxation to give the Secretary certain information about the
claimant's tax file number (see subsections 201A(2) and (3)).
Secretary may request claimant to give statement of partner's tax file
number
"206B.(1) If:
(a) a claimant for a carer pension is a member of a couple; and
(b) the claimant's partner is in Australia; the Secretary may request but
not compel the claimant to give the Secretary a written statement of
the tax file number of the claimant's partner.
"(2) A carer pension is not payable to a claimant if, at the end of the period
of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note 1: In some cases the request can be satisfied by giving
the Secretary a declaration by the partner about the partner's tax
file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 201B(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
201B(4)).".
27. Sections 221A and 221B: Repeal the sections, substitute: Secretary may
request recipient to give statement of recipient's tax file number
"221A.(1) The Secretary may request but not compel a recipient of a carer
pension:
(a) if the recipient has a tax file number-to give the Secretary a written
statement of the recipient's tax file number; or
(b) if the recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the recipient's
tax file number after the Commissioner of Taxation has issued
it.
"(2) A carer pension is not payable to a recipient if, at the end of the
period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note: In some cases the request can be satisfied by
giving the Secretary a declaration by the recipient about the
recipient's tax file number and an authority by the recipient to the
Commissioner of Taxation to give the Secretary certain information
about the recipient's tax file number (see subsections 201A(2) and
(3)). Secretary may request recipient to give statement of partner's
tax file number
"221B.(1) If:
(a) a carer pension recipient is a member of a couple; and
(b) the recipient's partner is in Australia; the Secretary may request but
not compel the recipient to give the Secretary a written statement of
the tax file number of the recipient's partner.
"(2) A carer pension is not payable to a recipient if, at the end of the
period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note 1: In some cases the request can be satisfied by
giving the Secretary a declaration by the partner about the partner's
tax file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 201B(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
201B(4)).".
28. Paragraph 257A(1)(a): Omit the paragraph, substitute:
"(a) the person is requested under section 265A or 283A to:
(i) give the Secretary a written statement of the person's tax file
number; or
(ii) apply for a tax file number and give the Secretary a written
statement of the person's tax file number once it has been
issued; and".
29. Paragraph 257A(1)(b): Omit "requirement", substitute "request".
30. Paragraph 257A(3)(a): Omit the paragraph, substitute:
"(a) the person's declaration states that the person has applied for a tax
file number; and".
31. After paragraph 257A(3)(b): Insert:
"(ba) the Commissioner of Taxation has not told the Secretary that the person
has not applied for a tax file number; and".
32. Paragraph 257B(1)(b): Omit "required", substitute "requested".
33. Paragraph 257B(1)(c): Omit "requirement", substitute "request".
34. Subsection 257B(4): Omit "requirement", substitute "request".
35. Sections 265A and 265B: Repeal the sections, substitute: Secretary may
request claimant to give statement of claimant's tax file number
"265A.(1) If a claimant for a sole parent pension is in Australia, the
Secretary may request but not compel the claimant:
(a) if the claimant has a tax file number-to give the Secretary a written
statement of the claimant's tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the claimant's tax
file number after the Commissioner of Taxation has issued it.
"(2) A sole parent pension is not payable to a claimant if, at the end of the
period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note: In some cases the request can be satisfied by giving
the Secretary a declaration by the claimant about the claimant's tax
file number and an authority by the claimant to the Commissioner of
Taxation to give the Secretary certain information about the
claimant's tax file number (see subsections 257A(2) and (3)).
Secretary may request claimant to give statement of partner's tax file
number
"265B.(1) If:
(a) a claimant for a sole parent pension is a member of a couple; and
(b) the claimant's partner is in Australia; the Secretary may request but
not compel the claimant to give the Secretary a written statement of
the tax file number of the claimant's partner.
"(2) A sole parent pension is not payable to a claimant if, at the end of the
period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note 1: In some cases the request can be satisfied by giving
the Secretary a declaration by the partner about the partner's tax
file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 257B(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
257B(4)).".
36. Sections 283A and 283B: Repeal the sections, substitute: Secretary may
request recipient to give statement of recipient's tax file number
"283A.(1) If a recipient of a sole parent pension is in Australia, the
Secretary may request the recipient:
(a) if the recipient has a tax file number-to give the Secretary a written
statement of the recipient's tax file number; or
(b) if the recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the recipient's
tax file number after the Commissioner of Taxation has issued
it.
"(2) A sole parent pension is not payable to a recipient if, at the end of the
period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note: In some cases the request can be satisfied by
giving the Secretary a declaration by the recipient about the
recipient's tax file number and an authority by the recipient to the
Commissioner of Taxation to give the Secretary certain information
about the recipient's tax file number (see subsections 257A(2) and
(3)). Secretary may request recipient to give statement of partner's
tax file number
"283B.(1) If:
(a) a sole parent pension recipient is a member of a couple; and
(b) the recipient's partner is in Australia; the Secretary may request but
not compel the recipient to give the Secretary a written statement of
the tax file number of the recipient's partner.
"(2) A sole parent pension is not payable to a recipient if, at the end of the
period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note 1: In some cases the request can be satisfied by
giving the Secretary a declaration by the partner about the partner's
tax file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 257B(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
257B(4)).".
37. Paragraph 320A(1)(a): Omit the paragraph, substitute:
"(a) the person is requested under section 325A or 340A to:
(i) give the Secretary a written statement of the person's tax file
number; or
(ii) apply for a tax file number and give the Secretary a written
statement of the person's tax file number once it has been
issued; and".
38. Paragraph 320A(1)(b): Omit "requirement", substitute "request".
39. Paragraph 320A(3)(a): Omit the paragraph, substitute:
"(a) the person's declaration states that the person has applied for a tax
file number; and".
40. After paragraph 320A(3)(b): Insert:
"(ba) the Commissioner of Taxation has not told the Secretary that the person
has not applied for a tax file number; and".
41. Section 325A: Repeal the section, substitute: Secretary may request
claimant to give statement of claimant's tax file number
"325A.(1) If a claimant for a widowed person allowance is in Australia, the
Secretary may request but not compel the claimant:
(a) if the claimant has a tax file number-to give the Secretary a written
statement of the claimant's tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the claimant's tax
file number after the Commissioner of Taxation has issued it.
"(2) A widowed person allowance is not payable to a claimant if, at the end of
the period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note: In some cases the request can be satisfied by giving
the Secretary a declaration by the claimant about the claimant's tax
file number and an authority by the claimant to the Commissioner of
Taxation to give the Secretary certain information about the
claimant's tax file number (see subsections 320A(2) and (3)).".
42. Section 340A: Repeal the section, substitute: Secretary may request
recipient to give statement of recipient's tax file number
"340A.(1) If a recipient of a widowed person allowance is in Australia, the
Secretary may request but not compel the recipient:
(a) if the recipient has a tax file number-to give the Secretary a written
statement of the recipient's tax file number; or
(b) if the recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the recipient's
tax file number after the Commissioner of Taxation has issued
it.
"(2) A widowed person allowance is not payable to a recipient if, at the end
of the period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note: In some cases the request can be satisfied by
giving the Secretary a declaration by the recipient about the
recipient's tax file number and an authority by the recipient to the
Commissioner of Taxation to give the Secretary certain information
about the recipient's tax file number (see subsections 320A(2) and
(3)).".
43. Paragraph 367A(1)(a): Omit the paragraph, substitute:
"(a) the person is requested under section 372A or 388A to:
(i) give the Secretary a written statement of the person's tax file
number; or
(ii) apply for a tax file number and give the Secretary a written
statement of the person's tax file number once it has been
issued; and".
44. Paragraph 367A(1)(b): Omit "requirement", substitute "request".
45. Paragraph 367A(3)(a): Omit the paragraph, substitute:
"(a) the person's declaration states that the person has applied for a tax
file number; and".
46. After paragraph 367A(3)(b): Insert:
"(ba) the Commissioner of Taxation has not told the Secretary that the person
has not applied for a tax file number; and".
47. Section 372A: Repeal the section, substitute: Secretary may request
claimant to give statement of claimant's tax file number
"372A.(1) If a claimant for a widow B pension is in Australia, the Secretary
may request but not compel the claimant:
(a) if the claimant has a tax file number-to give the Secretary a written
statement of the claimant's tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the claimant's tax
file number after the Commissioner of Taxation has issued it.
"(2) A widow B pension is not payable to a claimant if, at the end of the
period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note: In some cases the request can be satisfied by giving
the Secretary a declaration by the claimant about the claimant's tax
file number and an authority by the claimant to the Commissioner of
Taxation to give the Secretary certain information about the
claimant's tax file number (see subsections 367A(2) and (3)).".
48. Section 388A: Repeal the section, substitute: Secretary may request
recipient to give statement of recipient's tax file number
"388A.(1) If a recipient of a widow B pension is in Australia, the Secretary
may request but not compel the recipient:
(a) if the recipient has a tax file number-to give the Secretary a written
statement of the recipient's tax file number; or
(b) if the recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the recipient's
tax file number after the Commissioner of Taxation has issued
it.
"(2) A widow B pension is not payable to a recipient if, at the end of the
period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note: In some cases the request can be satisfied by
giving the Secretary a declaration by the recipient about the
recipient's tax file number and an authority by the recipient to the
Commissioner of Taxation to give the Secretary certain information
about the recipient's tax file number (see subsections 367A(2) and
(3)).".
49. Subsection 527(1): Omit the subsection (except the Notes), substitute:
"(1) A job search allowance is not payable to a person if:
(a) the person is requested under section 554B or 572A to:
(i) give the Secretary a written statement of the person's tax file
number; or
(ii) apply for a tax file number and give the Secretary a written
statement of the person's tax file number once it has been
issued; and
(b) at the end of the period of 28 days after the request is made, the
person has neither:
(i) given the Secretary a written statement of the person's tax
file number; nor
(ii) given the Secretary an employment declaration and satisfied
either subsection (2) or (3).".
50. Subsection 527(1) (Notes 1 and 2): Omit "require", substitute "request".
51. Paragraph 527(3)(a): Omit the paragraph, substitute:
"(a) the person's declaration states that the person has applied for a tax
file number; and".
52. After paragraph 527(3)(b): Insert:
"(ba) the Commissioner of Taxation has not told the Secretary that the person
has not applied for a tax file number; and".
53. Paragraph 528(1)(b): Omit "required", substitute "requested".
54. Paragraph 528(1)(c): Omit "requirement", substitute "request".
55. Subsection 528(4): Omit "requirement", substitute "request".
56. Sections 554B and 555: Repeal the sections, substitute: Secretary may
request claimant to give statement of claimant's tax file number
"554B.(1) The Secretary may request but not compel a claimant for job search
allowance:
(a) if the claimant has a tax file number-to give the Secretary a written
statement of the claimant's tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the claimant's tax
file number after the Commissioner of Taxation has issued it.
"(2) A job search allowance is not payable to a claimant if, at the end of the
period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Secretary may request claimant to give statement of partner's
tax file number
"555.(1) If:
(a) a claimant for job search allowance is a member of a couple; and
(b) the claimant's partner is in Australia; the Secretary may request but
not compel the claimant to give the Secretary a written statement of
the tax file number of the claimant's partner.
"(2) A job search allowance is not payable to a claimant if, at the end of the
period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note 1: In some cases the request can be satisfied by giving
the Secretary a declaration by the partner about the partner's tax
file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 528(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
528(4)).".
57. Sections 572A and 573: Repeal the sections, substitute: Secretary may
request recipient to give statement of recipient's tax file number
"572A.(1) The Secretary may request but not compel a recipient of job search
allowance:
(a) if the recipient has a tax file number-to give the Secretary a written
statement of the recipient's tax file number; or
(b) if the recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the recipient's
tax file number after the Commissioner of Taxation has issued
it.
"(2) A job search allowance is not payable to a recipient if, at the end of
the period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Secretary may request recipient to give statement of
partner's tax file number
"573.(1) If:
(a) a job search allowance recipient is a member of a couple; and
(b) the recipient's partner is in Australia; the Secretary may request but
not compel the recipient to give the Secretary a written statement of
the tax file number of the recipient's partner.
"(2) A job search allowance is not payable to a recipient if, at the end of
the period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note 1: In some cases the request can be satisfied by
giving the Secretary a declaration by the partner about the partner's
tax file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 528(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
528(4)).".
58. Subsection 609(1): Omit the subsection, substitute:
"(1) A newstart allowance is not payable to a person if:
(a) the person is requested under section 638B or 655A to:
(i) give the Secretary a written statement of the person's tax file
number; or
(ii) apply for a tax file number and give the Secretary a written
statement of the person's tax file number once it has been
issued; and
(b) at the end of the period of 28 days after the request is made, the
person has neither:
(i) given the Secretary a written statement of the person's tax
file number; nor
(ii) given the Secretary an employment declaration and satisfied
either subsection (2) or (3).".
59. Subsection 609(1) (Notes 1 and 2): Omit "require", substitute "request".
60. Paragraph 609(3)(a): Omit the paragraph, substitute:
"(a) the person's declaration states that the person has applied for a tax
file number; and".
61. After paragraph 609(3)(b): Insert:
"(ba) the Commissioner of Taxation has not told the Secretary that the person
has not applied for a tax file number; and".
62. Paragraph 610(1)(b): Omit "required", substitute "requested".
63. Paragraph 610(1)(c): Omit "requirement", substitute "request".
64. Subsection 610(4): Omit "requirement", substitute "request".
65. Sections 638B and 639: Repeal the sections, substitute: Secretary may
request claimant to give statement of claimant's tax file number
"638B.(1) The Secretary may request but not compel a claimant for newstart
allowance:
(a) if the claimant has a tax file number-to give the Secretary a written
statement of the claimant's tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the claimant's tax
file number after the Commissioner of Taxation has issued it.
"(2) A newstart allowance is not payable to a claimant if, at the end of the
period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Secretary may request claimant to give statement of partner's
tax file number
"639.(1) If:
(a) a claimant for newstart allowance is a member of a couple; and
(b) the claimant's partner is in Australia; the Secretary may request but
not compel the claimant to give the Secretary a written statement of
the tax file number of the claimant's partner.
"(2) A newstart allowance is not payable to a claimant if, at the end of the
period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note 1: In some cases the request can be satisfied by giving
the Secretary a declaration by the partner about the partner's tax
file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 610(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
610(4)).".
66. Sections 655A and 656: Repeal the sections, substitute: Secretary may
request recipient to give statement of recipient's tax file number
"655A.(1) The Secretary may request but not compel a recipient of newstart
allowance:
(a) if the recipient has a tax file number-to give the Secretary a written
statement of the recipient's tax file number; or
(b) if the recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the recipient's
tax file number after the Commissioner of Taxation has issued
it.
"(2) A newstart allowance is not payable to a recipient if, at the end of the
period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Secretary may request recipient to give statement of
partner's tax file number
"656.(1) If:
(a) a newstart allowance recipient is a member of a couple; and
(b) the recipient's partner is in Australia; the Secretary may request but
not compel the recipient to give the Secretary a written statement of
the tax file number of the recipient's partner.
"(2) A newstart allowance is not payable to a recipient if, at the end of the
period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note 1: In some cases the request can be satisfied by
giving the Secretary a declaration by the partner about the partner's
tax file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 610(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
610(4)).".
67. Paragraph 660XCD(1)(a): Omit the paragraph, substitute:
"(a) the person is requested under section 660XDF or 660XIA to:
(i) give the Secretary a written statement of the person's tax file
number; or
(ii) apply for a tax file number and give the Secretary a written
statement of the person's tax file number once it has been
issued; and".
68. Paragraph 660XCD(1)(b): Omit "requirement", substitute "request".
69. Paragraph 660XCD(3)(a): Omit the paragraph, substitute:
"(a) the person's declaration states that the person has applied for a tax
file number; and".
70. After paragraph 660XCD(3)(b): Insert:
"(ba) the Commissioner of Taxation has not told the Secretary that the person
has not applied for a tax file number; and".
71. Paragraph 660XCE(1)(b): Omit "required", substitute "requested".
72. Paragraph 660XCE(1)(c): Omit "requirement", substitute "request".
73. Subsection 660XCE(4): Omit "requirement", substitute "request".
74. Paragraph 660XCL(1)(a): Omit the paragraph, substitute:
"(a) the person is requested under section 660XDF or 660XIA to:
(i) give the Secretary a written statement of the person's tax file
number; or
(ii) apply for a tax file number and give the Secretary a written
statement of the person's tax file number once it has been
issued; and".
75. Paragraph 660XCL(1)(b): Omit "requirement", substitute "request".
76. Paragraph 660XCL(3)(a): Omit the paragraph, substitute:
"(a) the person's declaration states that the person has applied for a tax
file number; and".
77. After paragraph 660XCL(3)(b): Insert:
"(ba) the Commissioner of Taxation has not told the Secretary that the person
has not applied for a tax file number; and".
78. Paragraph 660XCM(1)(a): Omit "required", substitute "requested".
79. Paragraph 660XCM(1)(b): Omit "requirement", substitute "request".
80. Subsection 660XCM(4): Omit "requirement", substitute "request".
81. Sections 660XDF and 660XDG: Repeal the sections, substitute: Secretary may
request claimant to give statement of claimant's tax file number
"660XDF.(1) If a claimant for mature age allowance or mature age partner
allowance is in Australia, the Secretary may request but not compel the
claimant:
(a) if the claimant has a tax file number-to give the Secretary a written
statement of the claimant's tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the claimant's tax
file number after the Commissioner of Taxation has issued it.
"(2) A mature age allowance or a mature age partner allowance is not payable
to a claimant if, at the end of the period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note: In some cases the request can be satisfied by giving
the Secretary a declaration by the claimant about the claimant's tax
file number and an authority by the claimant to the Commissioner of
Taxation to give the Secretary certain information about the
claimant's tax file number (see subsections 660XCD(2) and (3) and
660XCL(2) and (3)). Secretary may request claimant to give statement
of partner's tax file number Claimant for mature age allowance
"660XDG.(1) If:
(a) a claimant for mature age allowance is a member of a couple; and
(b) the claimant's partner is in Australia; the Secretary may request but
not compel the claimant to give the Secretary a written statement of
the tax file number of the claimant's partner. Claimant for mature age
partner allowance
"(2) The Secretary may request but not compel a claimant for mature age
partner allowance to give the Secretary a written statement of the tax file
number of the claimant's partner if the partner is in Australia.
"(3) A mature age allowance or a mature age partner allowance is not payable
to a claimant if, at the end of the period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note 1: In some cases the request can be satisfied by giving
the Secretary a declaration by the partner about the partner's tax
file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 660XCE(2) and (3) and 660XCM(2) and
(3)). Note 2: The Secretary may waive the request in some cases (see
subsections 660XCE(4) and 660XCM(4)).".
82. Sections 660XIA and 660XIB: Repeal the sections, substitute: Secretary may
request recipient to give statement of recipient's tax file number
"660XIA.(1) If a recipient of mature age allowance or mature age partner
allowance is in Australia, the Secretary may request but not compel the
recipient:
(a) if the recipient has a tax file number-to give the Secretary a written
statement of the recipient's tax file number; or
(b) if the recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the recipient's
tax file number after the Commissioner of Taxation has issued
it.
"(2) A mature age allowance or a mature age partner allowance is not payable
to a recipient if, at the end of the period of 28 days after a request is
made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note: In some cases the request can be satisfied by
giving the Secretary a declaration by the recipient about the
recipient's tax file number and an authority by the recipient to the
Commissioner of Taxation to give the Secretary certain information
about the recipient's tax file number (see subsections 660XCD(2) and
(3) and 660XCL(2) and (3)). Secretary may request recipient to give
statement of partner's tax file number Mature age allowance recipient
"660XIB.(1) If:
(a) a mature age allowance recipient is a member of a couple; and
(b) the recipient's partner is in Australia; the Secretary may request but
not compel the recipient to give the Secretary a written statement of
the tax file number of the recipient's partner. Mature age partner
allowance recipient
"(2) The Secretary may request but not compel a recipient of mature age
partner allowance to give the Secretary a written statement of the tax file
number of the recipient's partner if the partner is in Australia.
"(3) A mature age allowance or a mature age partner allowance is not payable
to a recipient if, at the end of the period of 28 days after a request is
made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note 1: In some cases the request can be satisfied by
giving the Secretary a declaration by the partner about the partner's
tax file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 660XCE(2) and (3) and 660XCM(2) and
(3)). Note 2: The Secretary may waive the request in some cases (see
subsections 660XCE(4) and 660XCM(4)).".
83. Subsection 678(1): Omit the subsection (except the Notes), substitute:
"(1) A sickness allowance is not payable to a person if:
(a) the person is requested under section 704B or 725A to:
(i) give the Secretary a written statement of the person's tax file
number; or
(ii) apply for a tax file number and give the Secretary a written
statement of the person's tax file number once it has been
issued; and
(b) at the end of the period of 28 days after the request is made, the
person has neither:
(i) given the Secretary a written statement of the person's tax
file number; nor
(ii) given the Secretary an employment declaration and satisfied
either subsection (2) or (3).".
84. Subsection 678(1) (Notes 1 and 2): Omit "require", substitute "request".
85. Paragraph 678(3)(a): Omit the paragraph, substitute:
"(a) the person's declaration states that the person has applied for a tax
file number; and".
86. After paragraph 678(3)(b): Insert:
"(ba) the Commissioner of Taxation has not told the Secretary that the person
has not applied for a tax file number; and".
87. Paragraph 679(1)(b): Omit "required", substitute "requested".
88. Paragraph 679(1)(c): Omit "requirement", substitute "request".
89. Subsection 679(4): Omit "requirement", substitute "request".
90. Sections 704B and 705: Repeal the sections, substitute: Secretary may
request claimant to give statement of claimant's tax file number
"704B.(1) The Secretary may request but not compel a claimant for sickness
allowance:
(a) if the claimant has a tax file number-to give the Secretary a written
statement of the claimant's tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the claimant's tax
file number after the Commissioner of Taxation has issued it.
"(2) A sickness allowance is not payable to a claimant if, at the end of the
period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Secretary may request claimant to give statement of partner's
tax file number
"705.(1) If:
(a) a claimant for sickness allowance is a member of a couple; and
(b) the claimant's partner is in Australia; the Secretary may request but
not compel the claimant to give the Secretary a written statement of
the tax file number of the claimant's partner.
"(2) A sickness allowance is not payable to a claimant if, at the end of the
period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note 1: In some cases the request can be satisfied by giving
the Secretary a declaration by the partner about the partner's tax
file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 679(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
679(4)).".
91. Sections 725A and 726: Repeal the sections, substitute: Secretary may
request recipient to give statement of recipient's tax file number
"725A.(1) The Secretary may request but not compel a recipient of sickness
allowance:
(a) if the recipient has a tax file number-to give the Secretary a written
statement of the recipient's tax file number; or
(b) if the recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the recipient's
tax file number after the Commissioner of Taxation has issued
it.
"(2) A sickness allowance is not payable to a recipient if, at the end of the
period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Secretary may request recipient to give statement of
partner's tax file number
"726.(1) If:
(a) a sickness allowance recipient is a member of a couple; and
(b) the recipient's partner is in Australia; the Secretary may request but
not compel the recipient to give the Secretary a written statement of
the tax file number of the recipient's partner.
"(2) A sickness allowance is not payable to a recipient if, at the end of the
period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note 1: In some cases the request can be satisfied by
giving the Secretary a declaration by the partner about the partner's
tax file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 679(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
679(4)).".
92. Paragraph 734A(1)(a): Omit the paragraph, substitute:
"(a) the person is requested under section 742A or 758A to:
(i) give the Secretary a written statement of the person's tax file
number; or
(ii) apply for a tax file number and give the Secretary a written
statement of the person's tax file number once it has been
issued; and".
93. Paragraph 734A(1)(b): Omit "requirement", substitute "request".
94. Paragraph 734A(3)(a): Omit the paragraph, substitute:
"(a) the person's declaration states that the person has applied for a tax
file number; and".
95. After paragraph 734A(3)(b): Insert:
"(ba) the Commissioner of Taxation has not told the Secretary that the person
has not applied for a tax file number; and".
96. Paragraph 734B(1)(b): Omit "required", substitute "requested".
97. Paragraph 734B(1)(c): Omit "requirement", substitute "request".
98. Subsection 734B(4): Omit "requirement", substitute "request".
99. Sections 742A and 742B: Repeal the sections, substitute: Secretary may
request claimant to give statement of claimant's tax file number
"742A.(1) The Secretary may request but not compel a claimant for special
benefit:
(a) if the claimant has a tax file number-to give the Secretary a written
statement of the claimant's tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the claimant's tax
file number after the Commissioner of Taxation has issued it.
"(2) A special benefit is not payable to a claimant if, at the end of the
period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note: In some cases the request can be satisfied by giving
the Secretary a declaration by the claimant about the claimant's tax
file number and an authority by the claimant to the Commissioner of
Taxation to give the Secretary certain information about the
claimant's tax file number (see subsections 734A(2) and (3)).
Secretary may request claimant to give statement of partner's tax file
number
"742B.(1) If:
(a) a claimant for special benefit is a member of a couple; and
(b) the claimant's partner is in Australia; the Secretary may request but
not compel the claimant to give the Secretary a written statement of
the tax file number of the claimant's partner.
"(2) A special benefit is not payable to a claimant if, at the end of the
period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note 1: In some cases the request can be satisfied by giving
the Secretary a declaration by the partner about the partner's tax
file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 734B(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
734B(4)).".
100. Sections 758A and 758B: Repeal the sections, substitute: Secretary may
request recipient to give statement of recipient's tax file number
"758A.(1) The Secretary may request but not compel a recipient of special
benefit:
(a) if the recipient has a tax file number-to give the Secretary a written
statement of the recipient's tax file number; or
(b) if the recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the recipient's
tax file number after the Commissioner of Taxation has issued
it.
"(2) A special benefit is not payable to a recipient if, at the end of the
period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note: In some cases the request can be satisfied by
giving the Secretary a declaration by the recipient about the
recipient's tax file number and an authority by the recipient to the
Commissioner of Taxation to give the Secretary certain information
about the recipient's tax file number (see subsections 734A(2) and
(3)). Secretary may request recipient to give statement of partner's
tax file number
"758B.(1) If:
(a) a special benefit recipient is a member of a couple; and
(b) the recipient's partner is in Australia; the Secretary may request but
not compel the recipient to give the Secretary a written statement of
the tax file number of the recipient's partner.
"(2) A special benefit is not payable to a recipient if, at the end of the
period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note 1: In some cases the request can be satisfied by
giving the Secretary a declaration by the partner about the partner's
tax file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 734B(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
734B(4)).".
101. Paragraph 849(1)(a): Omit the paragraph, substitute:
"(a) the person is requested under section 855 to:
(i) give the Secretary a written statement of the person's tax file
number; or
(ii) apply for a tax file number and give the Secretary a written
statement of the person's tax file number once it has been
issued; and".
102. Paragraph 849(1)(b): Omit "requirement", substitute "request".
103. Paragraph 849(3)(a): Omit the paragraph, substitute:
"(a) the person's declaration states that the person has applied for a tax
file number; and".
104. After paragraph 849(3)(b): Insert:
"(ba) the Commissioner of Taxation has not told the Secretary that the person
has not applied for a tax file number; and".
105. Paragraph 850(1)(b): Omit "required", substitute "requested".
106. Paragraph 850(1)(c): Omit "requirement", substitute "request".
107. Subsection 850(4): Omit "requirement", substitute "request".
108. Sections 855 and 856: Repeal the sections, substitute: Secretary may
request claimant or recipient to give statement of tax file number
"855.(1) If a claimant for, or recipient of, family payment is in Australia,
the Secretary may request but not compel the person:
(a) if the person has a tax file number-to give the Secretary a written
statement of the person's tax file number; or
(b) if the person does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the person's tax
file number after the Commissioner of Taxation has issued it.
"(2) Family payment is not payable to a claimant or a recipient if, at the end
of the period of 28 days after a request is made:
(a) the person has failed to satisfy the request; and
(b) the Secretary has not exempted the person from having to satisfy the
request. Note: In some cases the request can be satisfied by giving
the Secretary a declaration by the claimant or the recipient about the
person's tax file number and an authority by the person to the
Commissioner of Taxation to give the Secretary certain information
about the recipient's or the claimant's tax file number (see
subsections 849(2) and (3)). Secretary may request claimant or
recipient to give statement of partner's tax file number
"856.(1) If:
(a) a claimant for, or recipient of, family payment is a member of a
couple; and
(b) the person's partner is in Australia; the Secretary may request but
not compel the person to give the Secretary a written statement of the
tax file number of the person's partner.
"(2) Family payment is not payable to a claimant or a recipient if, at the end
of the period of 28 days after a request is made:
(a) the person has failed to satisfy the request; and
(b) the Secretary has not exempted the person from having to satisfy the
request. Note 1: In some cases the request can be satisfied by giving
the Secretary a declaration by the partner about the partner's tax
file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 850(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
850(4)).".
109. Paragraph 1039A(1)(a): Omit the paragraph, substitute:
"(a) the person is requested under section 1042A or 1053A to:
(i) give the Secretary a written statement of the person's tax file
number; or
(ii) apply for a tax file number and give the Secretary a written
statement of the person's tax file number once it has been
issued; and".
110. Paragraph 1039A(1)(b): Omit "requirement", substitute "request".
111. Paragraph 1039A(3)(a): Omit the paragraph, substitute:
"(a) the person's declaration states that the person has applied for a tax
file number; and".
112. After paragraph 1039A(3)(b): Insert:
"(ba) the Commissioner of Taxation has not told the Secretary that the person
has not applied for a tax file number; and".
113. Paragraph 1039B(1)(b): Omit "required", substitute "requested".
114. Paragraph 1039B(1)(c): Omit "requirement", substitute "request".
115. Subsection 1039B(4): Omit "requirement", substitute "request".
116. Sections 1042A and 1042B: Repeal the sections, substitute: Secretary may
request claimant to give statement of claimant's tax file number
"1042A.(1) The Secretary may request but not compel a claimant for mobility
allowance:
(a) if the claimant has a tax file number-to give the Secretary a written
statement of the claimant's tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the claimant's tax
file number after the Commissioner of Taxation has issued it.
"(2) A mobility allowance is not payable to a claimant if, at the end of the
period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note: In some cases the request can be satisfied by giving
the Secretary a declaration by the claimant about the claimant's tax
file number and an authority by the claimant to the Commissioner of
Taxation to give the Secretary certain information about the
claimant's tax file number (see subsections 1039A(2) and (3)).
Secretary may request claimant to give statement of partner's tax file
number
"1042B.(1) If:
(a) a claimant for mobility allowance is a member of a couple; and
(b) the claimant's partner is in Australia; the Secretary may request but
not compel the claimant to give the Secretary a written statement of
the tax file number of the claimant's partner.
"(2) A mobility allowance is not payable to a claimant if, at the end of the
period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note 1: In some cases the request can be satisfied by giving
the Secretary a declaration by the partner about the partner's tax
file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 1039B(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
1039B(4)).".
117. Sections 1053A and 1053B: Repeal the sections, substitute: Secretary may
request recipient to give statement of recipient's tax file number
"1053A.(1) The Secretary may request but not compel a recipient of mobility
allowance:
(a) if the recipient has a tax file number-to give the Secretary a written
statement of the recipient's tax file number; or
(b) if the recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the recipient's
tax file number after the Commissioner of Taxation has issued
it.
"(2) A mobility allowance is not payable to a recipient if, at the end of the
period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note: In some cases the request can be satisfied by
giving the Secretary a declaration by the recipient about the
recipient's tax file number and an authority by the recipient to the
Commissioner of Taxation to give the Secretary certain information
about the recipient's tax file number (see subsections 1039A(2) and
(3)). Secretary may request recipient to give statement of partner's
tax file number
"1053B.(1) If:
(a) a mobility allowance recipient is a member of a couple; and
(b) the recipient's partner is in Australia; the Secretary may request but
not compel the recipient to give the Secretary a written statement of
the tax file number of the recipient's partner.
"(2) A mobility allowance is not payable to a recipient if, at the end of the
period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note 1: In some cases the request can be satisfied by
giving the Secretary a declaration by the partner about the partner's
tax file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 1039B(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
1039B(4)).".
PART 2-AMENDMENTS COMMENCING ON 20 SEPTEMBER 1994, IMMEDIATELY AFTER
THE COMMENCEMENT OF PART 3 OF THE SOCIAL SECURITY (HOME CHILD CARE AND
PARTNER ALLOWANCES) LEGISLATION AMENDMENT ACT 1994
118. Paragraph 771HD(1)(a): Omit the paragraph, substitute:
"(a) the person is requested under section 771HF or 771MA to:
(i) give the Secretary a written statement of the person's tax file
number; or
(ii) apply for a tax file number and give the Secretary a written
statement of the person's tax file number once it has been
issued; and".
119. Paragraph 771HD(1)(b): Omit "requirement", substitute "request".
120. Paragraph 771HD(3)(a): Omit the paragraph, substitute:
"(a) the person's declaration states that the person has applied for a tax
file number; and".
121. After paragraph 771HD(3)(b): Insert:
"(ba) the Commissioner of Taxation has not told the Secretary that the person
has not applied for a tax file number; and".
122. Paragraph 771HE(1)(a): Omit "required", substitute "requested".
123. Paragraph 771HE(1)(b): Omit "requirement", substitute "request".
124. Subsection 771HE(4): Omit "requirement", substitute "request".
125. Sections 771IF and 771IG: Repeal the sections, substitute: Secretary may
request claimant to give statement of claimant's tax file number
"771IF.(1) The Secretary may request but not compel a claimant for partner
allowance:
(a) if the claimant has a tax file number-to give the Secretary a written
statement of the claimant's tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the claimant's tax
file number after the Commissioner of Taxation has issued it.
"(2) A partner allowance is not payable to a claimant if, at the end of the
period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note: In some cases the request can be satisfied by giving
the Secretary a declaration by the claimant about the claimant's tax
file number and an authority by the claimant to the Commissioner of
Taxation to give the Secretary certain information about the
claimant's tax file number (see subsections 771HD(2) and (3)).
Secretary may request claimant to give statement of partner's tax file
number
"771IG.(1) The Secretary may request but not compel a claimant for partner
allowance to give the Secretary a written statement of the tax file number of
the claimant's partner if the partner is in Australia.
"(2) A partner allowance is not payable to a claimant if, at the end of the
period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note 1: In some cases the request can be satisfied by giving
the Secretary a declaration by the partner about the partner's tax
file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 771HE(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
771HE(4)).".
126. Sections 771MA and 771MB: Repeal the sections, substitute: Secretary may
request recipient to give statement of recipient's tax file number
"771MA.(1) The Secretary may request but not compel a recipient of partner
allowance:
(a) if the recipient has a tax file number-to give the Secretary a written
statement of the recipient's tax file number; or
(b) if the recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the recipient's
tax file number after the Commissioner of Taxation has issued
it.
"(2) A partner allowance is not payable to a recipient if, at the end of the
period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note: In some cases the request can be satisfied by
giving the Secretary a declaration by the recipient about the
recipient's tax file number and an authority by the recipient to the
Commissioner of Taxation to give the Secretary certain information
about the recipient's tax file number (see subsections 771HD(2) and
(3)). Secretary may request recipient to give statement of partner's
tax file number
"771MB.(1) The Secretary may request but not compel a recipient of partner
allowance to give the Secretary a written statement of the tax file number of
the recipient's partner if the partner is in Australia.
"(2) A partner allowance is not payable to a recipient if, at the end of the
period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note 1: In some cases the request can be satisfied by
giving the Secretary a declaration by the partner about the partner's
tax file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 771HE(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
771HE(4)).".
PART 3-AMENDMENTS COMMENCING ON 29 SEPTEMBER 1994, IMMEDIATELY AFTER
THE COMMENCEMENT OF PART 2 OF THE SOCIAL SECURITY (HOME CHILD CARE AND
PARTNER ALLOWANCES) LEGISLATION AMENDMENT ACT 1994
127. Paragraph 913(1)(a): Omit the paragraph, substitute:
"(a) the person is requested under section 920 or 941 to:
(i) give the Secretary a written statement of the person's tax file
number; or
(ii) apply for a tax file number and give the Secretary a written
statement of the person's tax file number once it has been
issued; and".
128. Paragraph 913(1)(b): Omit "requirement", substitute "request".
129. Paragraph 913(3)(a): Omit the paragraph, substitute:
"(a) the person's declaration states that the person has applied for a tax
file number; and".
130. After paragraph 913(3)(b): Insert:
"(ba) the Commissioner of Taxation has not told the Secretary that the person
has not applied for a tax file number; and".
131. Paragraph 914(1)(a): Omit "required", substitute "requested".
132. Paragraph 914(1)(b): Omit "requirement", substitute "request".
133. Subsection 914(4): Omit "requirement", substitute "request".
134. Sections 920 and 921: Repeal the sections, substitute: Secretary may
request claimant to give statement of claimant's tax file number
"920.(1) The Secretary may request but not compel a claimant for home child
care allowance:
(a) if the claimant has a tax file number-to give the Secretary a written
statement of the claimant's tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the claimant's tax
file number after the Commissioner of Taxation has issued it.
"(2) A home child care allowance is not payable to a claimant if, at the end
of the period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note: In some cases the request can be satisfied by giving
the Secretary a declaration by the claimant about the claimant's tax
file number and an authority by the claimant to the Commissioner of
Taxation to give the Secretary certain information about the
claimant's tax file number (see subsections 913(2) and (3)). Secretary
may request claimant to give statement of partner's tax file number
"921.(1) If the partner of a claimant for home child care allowance is in
Australia, the Secretary may request but not compel the claimant to give the
Secretary a written statement of the tax file number of the claimant's
partner.
"(2) Home child care allowance is not payable to a claimant if, at the end of
the period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note 1: In some cases the request can be satisfied by giving
the Secretary a declaration by the partner about the partner's tax
file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 914(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
914(4)).".
135. Sections 941 and 942: Repeal the sections, substitute: Secretary may
request recipient to give statement of recipient's tax file number
"941.(1) The Secretary may request but not compel a recipient of home child
care allowance:
(a) if the recipient has a tax file number-to give the Secretary a written
statement of the recipient's tax file number; or
(b) if the recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the recipient's
tax file number after the Commissioner of Taxation has issued
it.
"(2) Home child care allowance is not payable to a recipient if, at the end of
the period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note: In some cases the request can be satisfied by
giving the Secretary a declaration by the recipient about the
recipient's tax file number and an authority by the recipient to the
Commissioner of Taxation to give the Secretary certain information
about the recipient's tax file number (see subsections 913(2) and
(3)). Secretary may request recipient to give statement of partner's
tax file number
"942.(1) If the partner of a recipient of home child care allowance is in
Australia the Secretary may request but not compel the recipient to give the
Secretary a written statement of the tax file number of the recipient's
partner.
"(2) Home child care allowance is not payable to a recipient if, at the end of
the period of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note 1: In some cases the request can be satisfied by
giving the Secretary a declaration by the partner about the partner's
tax file number and an authority by the partner to the Commissioner of
Taxation to give the Secretary certain information about the partner's
tax file number (see subsections 914(2) and (3)). Note 2: The
Secretary may waive the request in some cases (see subsection
914(4)).".
26. After subparagraph 1133(2)(a)(v): Insert:
"(vi) disability wage supplement; or".
27. Heading to Division 1 of Part 3.13: Omit "(excluding rehabilitation
allowance)".
28. Section 1158: Omit all words to and including "payable", substitute "A
social security pension is not payable".
29. Paragraph 1159(1)(a): Omit "pension or allowance", substitute "social
security pension".
30. Paragraph 1159(2)(a): Omit "pension or allowance", substitute "social
security pension".
31. After paragraph 1163(1)(f): Insert:
"(fa) disability wage supplement;".
32. Subsection 1164(4): Before "pension" (first occurring) insert "social
security".
33. Subsection 1164(5): Before "pension" (first occurring) insert "social
security".
34. Subsection 1164(6): Before "pension" insert "social security".
35. After subparagraph 1187(1)(a)(iv): Insert:
"(iva) disability wage supplement; or".
36. Paragraph 1210(4)(a): After "pension" insert "or disability wage
supplement".
37. Section 1210 (International Agreement Portability Rate Calculator- point
1210-B5-paragraph (a)): After "pension" insert "or disability wage
supplement".
38. Section 1210 (International Agreement Portability Rate Calculator- point
1210-B6-paragraph (a)): After "pension" insert "or disability wage
supplement".
39. After paragraph 1223A(3)(i): Insert:
"(j) section 450 (disability wage supplement);".
40. After paragraph 1223B(2)(d): Insert:
"(e) section 456 (disability wage supplement);".
41. Subsection 1240(2): Add at the end:
"; or (d) the Human Services Secretary under or in relation to this Act".
42. Paragraph 1250(d): After "371", insert ", 422, 423".
43. Section 1299: Add at the end:
"(5) The Human Services Secretary may, by signed instrument, delegate to an
officer of the Human Services Department all or any of the powers and
functions of the Human Services Secretary under this Act.".
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