Commonwealth Numbered Acts

SOCIAL SECURITY (POVERTY TRAPS REDUCTION) ACT 1985 No. 169, 1985 - SECT 20

20. Section 112A of the Principal Act is amended -
(a) by omitting paragraph (b) of the definition of "prescribed period" in
sub-section (1) and substituting the following paragraph:

"(b) in relation to a person who is qualified to receive a sickness benefit in
respect of a period and who, immediately before becoming qualified to receive
that benefit, was receiving -

        (i)    an incentive allowance under section 26 or 133JA; or

        (ii)   a prescribed pension the rate of which was calculated by
               reference to rent paid, or payable, by the person or to an
               incentive allowance under section 26 or 133JA, any part of that
               period in respect of which the person pays, or is liable to
               pay, rent at a weekly rate exceeding $10;";

   (b)  by omitting "or a special benefit" from paragraphs (c) and (d) of the
        definition of "prescribed period" in sub-section (1); and

   (c)  by omitting sub-section (3), (3AA), (3A), (3B), (3C) and (4) and
        substituting the following sub-sections:

"(3) Subject to this Part, where a person -

   (a)  who is qualified to receive an unemployment benefit or a
sickness benefit;

   (b)  who is in Australia;

   (c)  if the person is a married person who is living with his or her spouse
        in their home - whose spouse is not in receipt of -

        (i)    an incentive allowance under section 26 or 133JA; or

        (ii)   a prescribed pension (other than a benefit) the rate of which
               is calculated by reference to rent paid, or payable, by the
               person or to an incentive allowance under section 26 or 133JA;
               and

   (d)  if the benefit is an unemployment benefit -

        (i)    who is over the age of 25 years;

        (ii)   who is a married person or who has a dependant; or

        (iii)  who is over the age of 18 years and living permanently or
               indefinitely away from the principal home of each parent of the
               person, this section applies to the person in respect of any
               period that is a prescribed period in relation to the person.

"(4) Subject to sub-section (5), where this section applies to a person, the
amount of benefit applicable to the person shall be increased by an amount per
week equal to -

   (a)  in the case of a person who is qualified to receive a sickness benefit
        -

        (i)    50% of the amount by which the amount of the weekly rent paid,
               or payable, by the person exceeds $10; or

        (ii)   $15; whichever is the lesser amount; or

   (b)  in the case of a person who is qualified to receive an unemployment
        benefit -

        (i)    50% of the amount by which the amount of the weekly rent paid,
               or payable, by the person exceeds $10; or

        (ii)   $10, whichever is the lesser amount.

"(5) Where this section applies to a married person -

   (a)  whose spouse is living with the person in their home; and

   (b)  to whose spouse this section also applies, the amount of any increase
        in the amount of benefit applicable to the person under sub-section
        (4) shall be reduced by 50%.".