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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Social Security
(Administration and International Agreements) (Consequential Amendments) Bill
1999
No. ,
1999
(Family and Community
Services)
A Bill for an Act to make
amendments consequent upon the enactment of the Social Security
(Administration) Act 1999 and the Social Security (International
Agreements) Act 1999, and for related purposes
ISBN: 0642 40366X
Contents
Social Security Act
1991 3
Social Security Act
1991 34
A Bill for an Act to make amendments consequent upon the
enactment of the Social Security (Administration) Act 1999 and the
Social Security (International Agreements) Act 1999, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Social Security (Administration and
International Agreements) (Consequential Amendments) Act 1999.
(1) Subject to subsections (2) and (3), this Act commences on the day on
which it receives the Royal Assent.
(2) Schedule 1 commences on 20 March 2000.
(3) Schedule 2 commences on 1 July 2000.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Section 3
Repeal the section.
2 Subsections 4(4) and (5)
Repeal the subsections.
3 Subsection 23(1)
Insert:
Administration Act means the Social Security
(Administration) Act 1999.
4 Subsection 23(1) (definition of authorised
review officer)
Repeal the definition.
5 Subsection 23(1) (definition of CFP
(comparable foreign payment) country)
Repeal the definition.
6 Subsection 23(1)
Insert:
CFP country means:
(a) the United Kingdom of Great Britain and Northern Ireland;
and
(b) the Republic of Italy; and
(c) New Zealand; and
(d) Canada; and
(e) Spain; and
(f) Malta; and
(g) the Kingdom of the Netherlands; and
(h) Ireland; and
(i) the Republic of Portugal; and
(j) the Republic of Austria; and
(k) the Republic of Cyprus; and
(l) a country determined by the Minister to be a CFP country under
subsection 38A(1).
7 Subsection 23(1) (definition of Health
Department)
Omit “family services”, substitute “aged
care”.
8 Subsection 23(1) (definition of
officer)
After “this Act,” (first occurring), insert “the
Administration Act,”.
9 Subsection 23(1) (definition of
payday)
Repeal the definition, substitute:
payday, in relation to a person, means:
(a) if the person is receiving a social security pension, a social
security benefit, a carer allowance, a double orphan pension, a non-benefit PP
(partnered), a pensioner education supplement, a family allowance or a family
tax payment—a day on which an instalment of the pension, benefit,
non-benefit PP (partnered), supplement, allowance or payment is, or would
normally be, paid to the person; or
(b) if the person is receiving a service pension—a day on which an
instalment of the service pension is, or would normally be, paid to the person
under the Veterans’ Entitlements Act.
10 Subsection 23(1) (definition of recipient
notification notice)
Repeal the definition.
11 Subsection 23(1) (definition of recipient
statement notice)
Repeal the definition.
12 Subsection 23(1) (definition of transfer
day)
Repeal the definition.
13 Subsection 23(1) (definition of transferee
to a social security benefit)
Repeal the definition.
14 Subsections 23(6) and
(7)
Repeal the subsections.
15 At the end of section 23
Add:
(14) A reference in this Act to a social security payment being not
payable includes a reference to its being not payable under the Administration
Act.
(15) A reference in this Act to the social security law is a reference to
this Act, the Administration Act and any other Act that is expressed to form
part of the social security law.
(16) A reference in this Act to a provision of the social security law is
a reference to a provision of this Act, the Administration Act or any other Act
that is expressed to form part of the social security law.
16 Part 2.1
Repeal the Part.
17 Subsection 43(3)
Repeal the subsection, substitute:
(3) Subsection (1) has effect subject to subsection 6(3) of the Social
Security (International Agreements) Act 1999.
18 Sections 44, 45, 46, 46A and
46B
Repeal the sections, substitute:
(1) Subject to subsection (2), an age pension is not payable to a person
if the person’s age pension rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate
would be nil merely because an advance pharmaceutical allowance has been paid to
the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
19 Divisions 2 and 3 of Part
2.2
Repeal the Divisions.
20 Divisions 5, 6, 7 and 8 of Part
2.2
Repeal the Divisions.
21 Division 10 of Part 2.2
Repeal the Division.
22 Divisions 7, 8, 9 and 10 of Part
2.2A
Repeal the Divisions.
23 Section 96
Repeal the section.
24 Sections 98, 99, 100, 100A, 101 and
102
Repeal the sections, substitute:
(1) Subject to subsection (2), a disability support pension is not payable
to a person if the person’s disability support pension rate would be
nil.
(2) Subsection (1) does not apply to a person if the person’s rate
would be nil merely because an advance pharmaceutical allowance has been paid to
the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
25 Sections 104 and 105
Repeal the sections.
26 Divisions 2 and 3 of Part
2.3
Repeal the Divisions.
27 Divisions 6, 7, 8 and 9 of Part
2.3
Repeal the Divisions.
28 Sections 148, 149, 150, 150A and
150B
Repeal the sections, substitute:
(1) Subject to subsection (2), a wife pension is not payable to a person
if the person’s wife pension rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate
would be nil merely because an advance pharmaceutical allowance has been paid to
the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
29 Divisions 2 and 3 of Part
2.4
Repeal the Divisions.
30 Divisions 5, 6, 7 and 8 of Part
2.4
Repeal the Divisions.
31 Division 10 of Part 2.4
Repeal the Division.
32 After section 198
Insert:
(1) This section applies if:
(a) carer payment is payable to a person who has ordinarily been providing
constant care for a care receiver or care receivers; and
(b) the person ceases to be qualified for the payment because he or she
ceases to provide constant care for the care receiver or any of the care
receivers as a result of the care receiver being admitted permanently to an
institution where care is provided for the care receiver.
(2) The carer payment continues to be payable to the person for 14 weeks
after the person ceases to be qualified, and then ceases to be
payable.
33 Sections 199, 200 and
201
Repeal the sections, substitute:
(1) Subject to subsection (2), a carer payment is not payable to a person
if the person’s carer payment rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate
would be nil merely because an advance pharmaceutical allowance has been paid to
the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
34 Section 201AA (first
occurring)
Repeal the section.
35 Sections 201A and 201B
Repeal the sections.
36 Divisions 2 and 3 of Part
2.5
Repeal the Divisions.
37 Divisions 5, 6, 7 and 8 of Division
2.5
Repeal the Divisions.
38 Division 10 of Part 2.5
Repeal the Division.
39 Sections 316, 317, 318, 319, 320 and
320A
Repeal the sections, substitute:
(1) Subject to subsection (2), a bereavement allowance is not payable to a
person if the person’s bereavement allowance rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate
would be nil merely because an advance pharmaceutical allowance has been paid to
the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
40 Divisions 2 and 3 of Part
2.7
Repeal the Divisions.
41 Divisions 5, 6, 7 and 8 of Part
2.7
Repeal the Divisions.
42 Division 10 of Part 2.7
Repeal the Division.
43 Sections 364, 365, 366, 367 and
367A
Repeal the sections, substitute:
(1) Subject to subsection (2), a Widow B pension is not payable to a
person if the person’s Widow B pension rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate
would be nil merely because an advance pharmaceutical allowance has been paid to
the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
44 Divisions 2 and 3 of Part
2.8
Repeal the Divisions.
45 Divisions 5, 6, 7 and 8 of Part
2.8
Repeal the Divisions.
46 Division 10 of Part 2.8
Repeal the Division.
47 Sections 408CA, 408CB, 408CC and
408CD
Repeal the sections, substitute:
(1) Subject to subsection (2), a widow allowance is not payable to a
person if the person’s widow allowance rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate
would be nil merely because an advance pharmaceutical allowance has been paid to
the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
48 Divisions 3 and 4 of Part
2.8A
Repeal the Divisions.
49 Divisions 6, 7, 8, 9 and 10 of Part
2.8A
Repeal the Divisions.
50 Sections 500I, 500J, 500K, 500L, 500M and
500N
Repeal the sections, substitute:
(1) Subject to subsection (2), a parenting payment is not payable to a
person if the person’s parenting payment rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate
would be nil merely because an advance pharmaceutical allowance has been paid to
the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
51 Divisions 2 and 3 of Part
2.10
Repeal the Divisions.
52 Divisions 5, 6, 7 and 8 of Part
2.10
Repeal the Divisions.
53 Division 10 of Part 2.10
Repeal the Division.
54 Subdivisions A and B of Division 2 of Part
2.11
Repeal the Subdivisions, substitute:
(1) Subject to subsection (2), a youth allowance is not payable to a
person if the person’s youth allowance rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate
would be nil merely because an advance pharmaceutical allowance has been paid to
the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
55 Section 549
Repeal the section, substitute:
(1) A youth allowance is not payable to a person who is qualified for
youth allowance while the person is subject to a waiting period.
(2) For the purposes of this Part, a person may be subject to the
following waiting periods:
(a) a liquid assets test waiting period (see sections 549A, 549B and
549C);
(b) a newly-arrived resident’s waiting period (see sections 549D and
549E).
56 Section 550
Repeal the section, substitute:
(1) Youth allowance is not payable to a person who is qualified for youth
allowance while an activity test non-payment applies to the person.
(2) An activity test non-payment period applies to a person if:
(a) the person commits an activity test breach (the latest
breach); and
(b) the latest breach is the third or subsequent activity test breach
within a period of 2 years.
Note: If a breach is the first or second activity test
breach within a period of 2 years, an activity test breach rate reduction period
applies to the person (see Subdivision B of Division 5).
57 Subdivision E of Division 2 of Part
2.11
Repeal the Subdivision.
58 Section 552
Repeal the section, substitute:
(1) Youth allowance is not payable to a person who is qualified for youth
allowance while the person is subject to a multiple entitlement
exclusion.
(2) For the purposes of this Division, a person is subject to a multiple
entitlement exclusion if:
(a) the person is receiving a youth allowance and another social security
benefit, a social security pension or a service pension becomes payable to the
person; or
(b) a payment under a scheme referred to in section 552A has been or may
be made to the person; or
(c) an assurance of support applies to the person (see section 552B);
or
(d) the person has received, or may receive, income that is paid by a
community or group from funds provided under a Commonwealth funded employment
program.
59 Section 553
Repeal the section, substitute:
(1) Youth allowance is not payable to a person who is qualified for youth
allowance while the person is subject to an employment-related
exclusion.
(2) For the purposes of this Division, a person (other than a person who
is undertaking full-time study) is subject to an employment-related exclusion
while one or more of sections 553A to 553C apply to the person.
60 Divisions 3 and 4 of Part
2.11
Repeal the Divisions.
61 Divisions 6, 7, 8 and 9 of Part
2.11
Repeal the Divisions.
62 Subdivision A of Division 2 of Part
2.11A
Repeal the Subdivision, substitute:
(1) Subject to subsection (2), an austudy payment is not payable to a
person if the person’s austudy payment rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate
would be nil merely because an advance pharmaceutical allowance has been paid to
the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
63 Subdivision C of Division 2 of Part
2.11A
Repeal the Subdivision.
64 Section 575
Repeal the section, substitute:
(1) An austudy payment is not payable to a person who is qualified for an
austudy payment while the person is subject to a waiting period.
(2) For the purposes of this Part, a person may be subject to the
following waiting periods:
(a) a liquid assets test waiting period (see sections 575A, 575B and
575C);
(b) a newly arrived resident’s waiting period (see sections 575D and
575E).
65 Section 576
Repeal the section, substitute:
(1) An austudy payment is not payable to a person who is qualified for an
austudy payment while an activity test non-payment period applies to the
person.
(2) An activity test non-payment period applies to a person if:
(a) the person commits an activity test breach (the latest
breach); and
(b) the latest breach is the third or subsequent activity test breach
within a period of 2 years.
Note: If a breach is the first or second activity test
breach within a period of 2 years, an activity test breach rate reduction period
applies to the person (see Subdivision B of Division 5).
66 Subdivision F of Division 2 of Part
2.11
Repeal the Subdivision.
67 Section 578
Repeal the section, substitute:
(1) An austudy payment is not payable to a person who is qualified for an
austudy payment while the person is subject to a multiple entitlement
exclusion.
(2) For the purposes of this Division, a person is subject to a multiple
entitlement exclusion if:
(a) the person is receiving an austudy payment and another social security
benefit, a social security pension or a service pension becomes payable to the
person; or
(b) a payment under a scheme referred to in section 578A has been, or may
be, made to the person; or
(c) an assurance of support applies to the person (see section 578B);
or
(d) the person has received, or may receive, income that is paid by a
community or group from funds provided under a Commonwealth funded employment
program.
68 Divisions 3 and 4 of Part
2.11A
Repeal the Divisions.
69 Divisions 6, 7, 8 and 9 of Part
2.11A
Repeal the Divisions.
70 Sections 608, 609 and
610
Repeal the sections, substitute:
(1) Subject to subsection (2), a newstart allowance is not payable to a
person if the person’s newstart allowance rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate
would be nil merely because an advance pharmaceutical allowance has been paid to
the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
71 Sections 615, 615A, 616, 616A and
616B
Repeal the sections.
72 Divisions 2 and 3 of Part
2.12
Repeal the Divisions.
73 Divisions 5, 6, 7, 8, 9 and 10 of Part
2.12
Repeal the Divisions.
74 Sections 660XCA, 660XCB, 660XCC, 660XCD and
660XCE
Repeal the sections, substitute:
(1) Subject to subsection (2), a mature age allowance is not payable to a
person if the person’s mature age allowance rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate
would be nil merely because an advance pharmaceutical allowance has been paid to
the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
75 Sections 660XCI, 660XCJ, 660XCK, 660XCL and
660XCM
Repeal the sections, substitute:
(1) Subject to subsection (2), a mature age partner allowance is not
payable to a person if the person’s mature age partner allowance rate
would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate
would be nil merely because an advance pharmaceutical allowance has been paid to
the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
76 Divisions 4 and 5 of Part
2.12A
Repeal the Divisions.
77 Divisions 7, 8, 9 and 10 of Part
2.12A
Repeal the Divisions.
78 Division 12 of Part
2.12A
Repeal the Division.
79 Sections 660YCA, 660YCB, 660YCC, 660YCD and
660YCE
Repeal the sections, substitute:
(1) Subject to subsection (2), a mature age allowance is not payable to a
person if the person’s mature age allowance rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate
would be nil merely because an advance pharmaceutical allowance has been paid to
the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
80 Divisions 4 and 5 of Part
2.12B
Repeal the Divisions.
81 Divisions 7, 8, 9 and 10 of Part
2.12B
Repeal the Divisions.
82 Division 12 of Part
2.12B
Repeal the Division.
83 Sections 665AA, 665AB and
665AC
Repeal the sections.
84 Sections 665C and 665D
Repeal the sections, substitute:
A person is not qualified for an education entry payment under section
665A unless the person has made a claim for the payment.
85 Sections 665G and 665H
Repeal the sections, substitute:
A person is not qualified for an education entry payment under section
665E unless the person has made a claim for the payment.
86 Sections 665I and 665J
Repeal the sections.
87 Sections 665K and 665L
Repeal the sections, substitute:
A person is not qualified for an education entry payment under section
665I unless the person has made a claim for the payment.
88 Sections 665O and 665P
Repeal the sections, substitute:
A person is not qualified for an education entry payment under section
665M unless the person has made a claim for the payment.
89 Sections 665W and 665X
Repeal the sections, substitute:
A person is not qualified for an education entry payment under section
665U unless the person has made a claim for the payment.
90 Sections 665ZA and 665ZB
Repeal the sections, substitute:
A person is not qualified for an education entry payment under section
665Y unless the person has made a claim for the payment.
91 Sections 665ZE and 665ZF
Repeal the sections, substitute:
A person is not qualified for an education entry payment under section
665ZC unless the person has made a claim for the payment.
92 Sections 665ZFC and
665ZFD
Repeal the sections, substitute:
A person is not qualified for an education entry payment under section
665ZC unless the person has made a claim for the payment.
93 Sections 665ZJ and 665ZK
Repeal the sections, substitute:
A person is not qualified for an education entry payment under section
665ZG unless the person has made a claim for the payment.
94 Sections 665ZM and 665ZN
Repeal the sections, substitute:
A person is not qualified for an education entry payment under section
665ZL unless the person has made a claim for the payment.
95 Sections 665ZS and 665ZT
Repeal the sections, substitute:
A person is not qualified for an education entry payment under section
665ZQ unless the person has made a claim for the payment.
96 Sections 665ZW and 665ZX
Repeal the sections, substitute:
A person is not qualified for an education entry payment under section
665ZU unless the person has made a claim for the payment.
97 Section 668
Repeal the section.
98 Sections 677, 678 and
679
Repeal the sections, substitute:
(1) Subject to subsection (2), sickness allowance is not payable to a
person if the person’s sickness allowance rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s
sickness allowance rate would be nil merely because an advance pharmaceutical
allowance has been paid to the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
99 Sections 687, 687A, 688 and
689
Repeal the sections.
100 Subdivision D of Division 1 of Part
2.14
Repeal the Subdivision,
101 Divisions 2 and 3 of Part
2.14
Repeal the Divisions.
102 Divisions 5, 6, 7 and 8 of Part
2.14
Repeal the Divisions.
103 Division 10 of Part
2.14
Repeal the Division.
104 Section 731
Repeal the section.
105 Section 732
Repeal the section, substitute:
(1) Subject to subsection (2), special benefit is not payable to a person
if the person’s special benefit rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s
special benefit rate would be nil merely because an advance pharmaceutical
allowance has been paid to the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
106 Sections 734A and 734B
Repeal the sections.
107 Section 736
Repeal the section.
108 Divisions 2 and 3 of Part
2.15
Repeal the Divisions.
109 Divisions 5, 6, 7 and 8 of Part
2.15
Repeal the Divisions.
110 Division 10 of Part
2.15
Repeal the Division.
111 Sections 771HC, 771HD and
771HE
Repeal the sections, substitute:
(1) Subject to subsection (2), a partner allowance is not payable to a
person if the person’s partner allowance rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s
partner allowance rate would be nil merely because an advance pharmaceutical
allowance has been paid to the person under:
(a) Part 2.23 of this Act; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements
Act.
112 Sections 771HM and HN
Repeal the sections.
113 Section 771HNA
Repeal the section.
114 Divisions 2 and 3 of Part
2.15A
Repeal the Divisions.
115 Divisions 5, 6, 7 and 8 of Part
2.15A
Repeal the Divisions.
116 Division 10 of Part
2.15A
Repeal the Division.
117 Sections 779, 780 and
782
Repeal the sections, substitute:
A special needs pension is not payable to a person if the person’s
special needs pension rate would be nil.
118 Sections 784, 785 and
786
Repeal the sections.
119 Section 788
Repeal the section.
120 Divisions 2, 3 and 4 of Part
2.16
Repeal the Divisions.
121 Divisions 6, 7, 8 and 9 of Part
2.16
Repeal the Divisions.
122 Sections 841, 842, 843, 844, 844A, 845, 846
and 847
Repeal the sections, substitute:
A family allowance is not payable to a person if the person’s
family allowance rate would be nil.
123 Sections 849 and 850
Repeal the sections.
124 Divisions 3 and 4 of Part
2.17
Repeal the Divisions.
125 Division 6 of Part 2.17
(heading)
Repeal the heading, substitute:
126 Sections 862, 863 and
864
Repeal the sections.
127 Sections 865, 866, 867 and
868
Repeal the sections.
128 Divisions 7 and 8 of Part
2.17
Repeal the Divisions.
129 Subdivisions A, B, C and D of Division 9 of
Part 2.17
Repeal the Subdivisions.
130 Paragraph 886(b)
Omit “872”, substitute “67 of the Administration
Act”.
131 Subdivision F of Division 9 of Part
2.17
Repeal the Subdivision.
132 Sections 900D and 900E
Repeal the sections.
133 Sections 900EC and
900ED
Repeal the sections.
134 Divisions 4, 5, 6, 7 and 8 of Part
2.17A
Repeal the Divisions.
135 Section 900AF
Repeal the section, substitute:
A family tax payment is not payable to a person if the person’s
family tax payment rate would be nil.
136 Sections 900AI, 900AJ, 900AK, 900AL and
900AM
Repeal the sections.
137 Sections 900AP and
900AQ
Repeal the sections.
138 Divisions 4 and 5 of Part
2.17AA
Repeal the Divisions.
139 Division 7 of Part 2.17AA
(heading)
Repeal the heading, substitute:
140 Sections 900AZD, 900AZE, 900AZF, 900AZG and
900AZH
Repeal the sections.
141 Divisions 8, 9 and 10 of Part
2.17AA
Repeal the Divisions.
142 Subdivision B of Division 2 of Part 2.19
(heading)
Repeal the heading, substitute:
143 Sections 958, 959, 960, 961, 962 and
963
Repeal the sections, substitute:
A carer allowance is not payable to a person if the person’s child
disability allowance rate would be nil.
144 Divisions 3 and 4 of Part
2.19
Repeal the Divisions.
145 Heading to Division 6 of Part
2.19
Repeal the heading, substitute:
146 Sections 975, 976, 977, 978, 979 and
980
Repeal the sections.
147 Divisions 7, 8 and 9 of Part
2.19
Repeal the Divisions.
148 Sections 1000, 1001, 1002 and
1002A
Repeal the sections.
149 Divisions 3 and 4 of Part
2.20
Repeal the Divisions.
150 Divisions 6, 7, 8 and 9 of Part
2.20
Repeal the Divisions.
151 Section 1036
Repeal the section.
152 Sections 1038 and 1039
Repeal the sections.
153 Sections 1039A, 1039B and
1039C
Repeal the sections.
154 Divisions 2 and 3 of Part
2.21
Repeal the Divisions.
155 Division 4 of Part 2.21
(heading)
Repeal the heading, substitute:
156 Divisions 5, 6, 7 and 8 of Part
2.21
Repeal the Divisions, substitute:
(1) A person is qualified for a mobility allowance advance
if:
(a) the person is receiving mobility allowance; and
(b) the person requests the advance; and
(c) the Secretary is satisfied that the person will continue to be
qualified for mobility allowance for at least 26 weeks from the day on which the
person receives the advance; and
(d) a mobility allowance advance has not been paid to the person in the 52
weeks before the day on which the request is made.
(2) For the purposes of subsection (1):
(a) a person's advance payday is the first payday of the
person for mobility allowance for which it is practicable to pay the advance and
adjust the person's mobility allowance payments; and
(b) a person's advance payment period is the period of 26
weeks starting on the advance payday.
(3) The amount of the advance is calculated by multiplying
the mobility allowance rate by 13.
(4) For the purpose of subsection (3):
mobility allowance rate is the rate of mobility allowance on
the advance payday.
(1) This section applies to a person if:
(a) a mobility allowance is payable to a person; and
(b) the person would, apart from this section, cease to be qualified for
the mobility allowance because he or she ceases, in the Secretary's
opinion:
(i) to be engaged in gainful employment; or
(ii) to undertake vocational training or a combination of vocational
training and gainful employment; or
(iii) to engage in voluntary work approved by the Secretary for
charitable, welfare or community organisations;
for at least 8 hours a week on a continuing basis.
(2) This section applies to a person if:
(a) a mobility allowance is payable to a person; and
(b) the person would, apart from this section, cease to be qualified for
the mobility allowance because he or she ceases, in the Secretary's
opinion:
(i) to receive newstart allowance for a reason other than the application
of section 597, 601, 605 or 660IA; or
(ii) to receive youth allowance for a reason other than the application of
section 541A, 544A, 544C, 550, 553B or 565C; or
(iii) to receive an austudy payment for a reason other than the
application of section 569, 576 or 590C; or
(iv) to undertake job search activities as part of an activity plan
developed by a Disability Panel established by the Secretary; or
(v) to undertake job search activities under the Competitive Employment
Placement and Training Program administered by the Health Department.
(3) A person to whom this section applies continues to be qualified for
the mobility allowance for 12 weeks after the person would, apart from this
section, have ceased to be qualified for the mobility allowance.
(4) If:
(a) a mobility allowance is payable to a person; and
(b) the person would, apart from this section, cease to be qualified for
the allowance because of circumstances other than those described in subsections
(1) and (2);
the person continues to be qualified for the mobility allowance for 2 weeks
after the person would, apart from this section, have ceased to be qualified for
the mobility allowance.
(5) If:
(a) a mobility allowance is payable to a person because of subsection (3);
and
(b) circumstances occur that would, if the person were still qualified for
the allowance, result in the person ceasing to be qualified;
the mobility allowance ceases to be payable to the person on the day on
which those circumstances occur.
157 Divisions 2 and 3 of Part
2.22A
Repeal the Divisions.
158 Divisions 5 and 6 of Part
2.22A
Repeal the Divisions.
159 Division 2 of Part 2.23
Repeal the Division.
160 Division 4 of Part 2.23
Repeal the Division.
161 Divisions 2 and 3 of Part
2.23A
Repeal the Divisions.
162 Divisions 5 and 6 of Part
2.23A
Repeal the Divisions.
163 Divisions 2 and 3 of Part
2.23A
Repeal the Divisions.
164 Divisions 5 and 6 of Part
2.23A
Repeal the Divisions.
165 Sections 1061L, 1061M, 1061N, 1061NA, 1061NB
and 1061NC
Repeal the sections.
166 Subdivisions A and B of Division 2 of Part
2.24A
Repeal the Subdivisions.
167 Divisions 3 and 4 of Part
2.24A
Repeal the Divisions.
168 Section 1061PZG
After “supplement”, insert “fortnightly”.
169 Section 1061PZG
Omit “per fortnight”.
170 At the end of section
1061PZG
Add:
(2) The rate of pensioner education supplement is a daily rate worked out
by dividing the fortnightly rate by 14.
171 Divisions 6, 7, 8 and 9 of Part
2.24A
Repeal the Divisions.
172 Divisions 3, 4 and 5 of Part
2.25
Repeal the Divisions.
173 Division 2 of Part 2.26
Repeal the Division.
174 Division 5 of Part 2.26
Repeal the Division.
175 Divisions 2, 3, 4 and 5 of Part
2A.1
Repeal the Divisions.
176 Point 1069-H6
Omit “subsection 872(1)”, substitute “subsection 67(2) of
the Administration Act”.
177 Subsection 1222(1) (note
1)
Omit “recipient’s contravention of Act”, substitute
“recipient’s contravention of law”.
178 Subsection 1222(1) (note
1)
Omit “contravention of Act by debtor”, substitute
“offence by debtor”.
179 Subsection 1222(2) (table item 4, column
2)
Omit “Act”, substitute “law”.
180 Subsection 1222(2) (table item 4B, column
2)
Omit “contravention of Act”, substitute
“offence”.
181 Section 1222A
Omit “under this Act, or the 1947 Act”.
182 Section 1222A (notes 1 and
2)
Repeal the notes.
183 Paragraph 1223(5)(b)
Omit “under this Act”.
184 Subparagraphs 1223(8)(b)(i), (ii) and
(iii)
Omit “under this Act”.
185 Subsection 1223(8)
Omit “person under this Act”, substitute
“person”.
Note: The heading to section 1223 is replaced by the heading
“Debts arising from lack of qualification, overpayment
etc.”.
186 Paragraph 1223AA(1)(b)
Repeal the paragraph, substitute:
(b) the person fails to provide a statement under section 67 in respect of
the period;
187 Subsection 1223AA(1AA)
Repeal the subsection, substitute:
(1AA) If:
(a) a person has received a prepayment of partner allowance in respect of
a period; and
(b) the person or the person’s partner fails to provide a statement
under section 67 in respect of the period;
the amount of the prepayment is a debt due to the Commonwealth.
188 Paragraph 1223AA(1B)(b)
Omit “under this Act”.
189 Paragraph
1223AA(1BA)(b)
Omit “recipient statement notice”, substitute “a notice
under section 66, 67 or 68 of the Administration Act”.
190 Paragraph
1223AA(1BA)(d)
Omit “under this Act”.
191 Subsection 1223AA(2)
Repeal the subsection, substitute:
(2) In this section:
prepayment means:
(a) a payment under section 408GG, 652, 660YGG, 722, 755 or 771KL of this
Act as in force immediately before 20 March 2000; or
(b) a payment made in accordance with section 56 of the Administration
Act.
192 Paragraph 1223AB(a)
Omit “under section 1283”.
193 Subparagraph
1224(1)(b)(ii)
Omit “this Act”, substitute “the social security law or
this Act as in force immediately before 20 March 2000”.
Note: The heading to section 1224 is altered by omitting
“of Act” and substituting “of
law”.
194 Paragraph 1224AB(1)(a)
Omit “this Act”, substitute “a provision of this Act, as
in force immediately before 20 March 2000, or a provision of the social security
law”.
Note: The heading to section 1224AB is altered by omitting
“contravention of Act” and substituting
“offence”.
195 Subparagraph
1224D(1)(b)(ii)
Omit “this Act”, substitute “the social security law or
this Act as in force immediately before 20 March 2000”.
196 Subsection 1224D(2)
Omit “section 1047A”, substitute “section
1045”.
197 Subsection 1224D(2) (definition of number
of paydays)
Omit all words after “Secretary”, substitute “under
paragraph (1)(c) and ends at the end of the recipient’s advance payment
period.”.
198 Paragraphs 1227A(2)(b) and
(c)
Omit “under this Act”.
199 Paragraph 1228(1)(c)
Omit “this Act”.
200 Paragraphs 1229(9)(a) and
(b)
Omit “under this Act”.
201 Paragraphs 1229A(7)(a) and
(b)
Omit “this Act”.
202 Paragraphs 1230C(1)(a) and
(b)
Omit “this Act”.
203 Subsection 1231(2B)
Omit “(debt due to contravention of Act)”.
204 Chapters 6, 7 and 8
Repeal the Chapters.
205 Paragraphs 101(a) and (b) of Schedule
1A
After “section 42”, insert “as in force immediately
before the commencement of Schedule 1 to the Social Security (Administration)
(Consequential Amendments) Act 1999”.
206 At the end of clause 101 of Schedule
1A
Add:
; or (c) in respect of any social security payment, on the first day after
the commencement of Schedule 1 to the Social Security (Administration)
(Consequential Amendments) Act 1999 on which instalments of a social
security payment are paid and every day thereafter on which such instalments are
paid.
207 Subclause 105A(16) of Schedule
1A
Omit “, subsection 271(2)”.
1 Subsection 43(3)
Repeal the subsection, substitute:
(3) Subsection (1) has effect subject to subsection 6(3) of the Social
Security (International Agreements) Act 1999.
2 Part 4.1
Repeal the Part.
Repeal the Part.