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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Social
Security and Veterans’ Affairs Legislation Amendment (Family and Other
Measures) Bill 1997
No. ,
1997
(Social
Security)
A Bill for an Act to amend the
law relating to social security and veterans’ affairs, and for related
purposes
9711120—2,899/24.6.1997—(111/97) Cat. No. 96 9290 8 ISBN
0644 505885
Contents
Social Security Act
1991 7ssvalh1.html
Income Tax Assessment Act
1936 7ssvalh1.html
Income Tax Assessment Act
1997 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Student and Youth Assistance Act
1973 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Veterans’ Entitlements Act
1986 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Student and Youth Assistance Act
1973 7ssvalh1.html
Social Security Act
1991 7ssvalh1.html
Student and Youth Assistance Act
1973 7ssvalh1.html
Data-matching Program (Assistance and Tax) Act
1990 7ssvalh1.html
A Bill for an Act to amend the law relating to social
security and veterans’ affairs, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Social Security and Veterans’
Affairs Legislation Amendment (Family and Other Measures) Act
1997.
(1) Subject
to this section, this Act commences on the day on which it receives the Royal
Assent.
(2) Schedule 1 (other than items 44 and 45), Schedules 6 and 8, Schedule
15 (other than items 17, 18, 25, 29 and 30) and Schedule 19 commence, or are
taken to have commenced, on 1 January 1998.
(3) Items 44 and 45 of Schedule 1 commence, or are taken to have
commenced, immediately after the commencement of Schedule 1 to the Tax Law
Improvement Act 1997 or on 1 January 1998, whichever is the later.
(4) Schedule 3 is taken to have commenced on 1 January 1996, immediately
after the commencement of Schedule 2 to the Social Security Legislation
Amendment (Family Measures) Act 1995.
(5) Schedule 4 is taken to have commenced on 1 January 1996 immediately
after the commencement of Schedule 3 to the Social Security Legislation
Amendment (Family Measures) Act 1995.
(6) Items 1 to 3 and 6 to 8 of Schedule 7 commence, or are taken to have
commenced, immediately before 1 January 1998.
(7) Items 4 and 5 of Schedule 7 are taken to have commenced on 1 January
1996, immediately after the commencement of Schedule 2 to the Social Security
Legislation Amendment (Family Measures) Act 1995.
(8) Schedule 11 commences, or is taken to have commenced, on 1 January
1998 but, if this Act contains a Schedule headed Maternity allowances,
Schedule 11 commences, or is taken to have commenced, on that day immediately
after the commencement of that Schedule.
(9) Schedule 12 is taken to have commenced on 1 January 1995, immediately
after the commencement of Schedule 2 to the Social Security (1994 Budget and
White Paper) Amendment Act 1995.
(10) If this Act contains a Schedule headed Medical Examination
following claim for disability support pension, items 28 to 30 of Schedule
15 do not commence.
(11) Items 17, 18, 29 and 30 of Schedule 15 commence on 1 February
1998.
(12) Item 25 of Schedule 15 commences on 1 April 1998.
(13) Subject to subsection (14), items 1, 2 and 4 of Schedule 16 commence
on a day to be fixed by Proclamation.
(14) If items 1, 2 and 4 of Schedule 16 do not commence under subsection
(13) within 6 months after the day on which this Act receives the Royal Assent,
those items commence on the first day after the end of that period.
(15) Item 3 of Schedule 16 is taken to have commenced on 1 January 1997,
immediately after the commencement of Part 1 of Schedule 21 to the
Social Security Legislation Amendment (Budget and
Other Measures) Act 1996.
(16) Schedule 17 commences on 1 March 1998.
(17) Schedules 21 and 22 commence, or are taken to have commenced, on 15
December 1997.
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 Subsection 23(1) (after paragraph (ma) of the
definition of recipient statement notice)
Insert:
(mb) section 900Z (maternity allowance or maternity immunisation
allowance); or
2 Part 2.17A (heading)
Repeal the heading, substitute:
3 Division 1 of Part 2.17A
(heading)
Repeal the heading, substitute:
4 Before section 900A
Insert:
Part 2.17A deals with 2 payment types, maternity allowance and maternity
immunisation allowance:
(a) Division 1 deals with the application of this Part.
(b) Divisions 2 and 3 are divided into Subdivisions that deal with
maternity allowance and maternity immunisation allowance,
respectively.
(c) Divisions 4 to 8 deal with both maternity allowance and maternity
immunisation allowance. The sections in those Divisions usually apply to both
allowances. However, some of the sections are divided into subsections dealing
with only one of the allowances.
5 Section 900A
Insert:
Australian Immunisation Procedures Handbook means the latest
edition of the Australian Immunisation Procedures Handbook published by the
Australian Government Publishing Service.
6 Section 900A
Insert:
immunise means receive the vaccinations that a child who is
18 months old ought to have received under the Standard Vaccination Schedule
made available by the National Health and Medical Research Council.
7 Section 900A
Insert:
recognised immunisation provider has the same meaning as in
section 46A of the Health Insurance Act 1973.
8 Division 2 of Part 2.17A
(heading)
Repeal the heading, substitute:
9 Subsection 900B(2)
Repeal the subsection.
10 Subsection 900B(3)
Omit “second”, substitute “first”.
11 Subsection 900B(4)
Omit “third”, substitute “second”.
12 Subsection 900B(5)
Omit “fourth”, substitute “third”.
13 At the end of Division 2 of Part
2.17A
Add:
Stillborn child
(1) A person is qualified for maternity immunisation allowance in respect
of a stillborn child if, and only if:
(a) the child is delivered on or after 1 January 1998; and
(b) maternity allowance is payable to the person in respect of the
child.
Child
dying within 18 months after birth
(2) A person is qualified for maternity immunisation allowance in respect
of a child who is born alive on or after 1 January 1998 but dies within 18
months after the date of his or her birth if, and only if:
(a) the child was a dependent child of the person at the time of the
child’s death; and
(b) either of the following applies:
(i) maternity allowance has been paid, or is payable, in respect of the
child;
(ii) the child was an FP child of the person at the time of the
child’s death.
Child
alive 18 months after birth
(3) Subject to subsection (4), a person is qualified for maternity
immunisation allowance in respect of a child who is born on or after 1 January
1998 and is alive at the end of 18 months after the date of his or her birth if,
and only if:
(a) the child is a dependent child of the person; and
(b) either of the following applies:
(i) maternity allowance has been paid in respect of the child;
(ii) the child is an FP child of the person.
Immunisation of child
(4) A person is not qualified for maternity immunisation allowance in
respect of a child under subsection (3) unless:
(a) the Secretary is satisfied that the child has been immunised;
or
(b) if the child has not been immunised—one of the following
applies:
(i) a recognised immunisation provider has certified in writing that he or
she has discussed with the person the benefits and risks of immunising the child
and the person has a conscientious objection to the child being
immunised;
(ii) the child is also a dependent child of another person, a recognised
immunisation provider has certified in writing that he or she has discussed with
the other person the benefits and risks of immunising the child, and the other
person has a conscientious objection to the child being immunised;
(iii) a recognised immunisation provider has certified in writing that the
specifications set out in the Australian Immunisation Procedures Handbook
indicate that the immunisation of the child would not be in the medical
interests of the child.
Nature of conscientious objection
(5) A person has a conscientious objection to a child being immunised
if:
(a) the person’s objection is based on a belief involving a
fundamental conviction that immunisation should not take place; and
(b) the conviction is so compelling that the person has to refuse to allow
the child to be immunised.
An approved care organisation is not qualified for maternity immunisation
allowance.
(1) Maternity immunisation allowance in respect of a child is not payable
to a person unless:
(a) the person has given the Secretary a written statement of the
person’s tax file number; or
(b) the person has given the Secretary a declaration by the person in a
form approved by the Secretary and satisfied either subsection (2) or
(3).
(2) The person satisfies this subsection if:
(a) the person’s declaration states that the person:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the person of the
person’s tax file number; and
(b) the person has given the Secretary a document by the person that
authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number—the tax file number;
and
(c) the Commissioner of Taxation has not told the Secretary that the
person has no tax file number.
(3) The person satisfies this subsection if:
(a) the person’s declaration states that the person has applied for
a tax file number; and
(b) the person has given the Secretary a document by the person that
authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person—the tax file
number; or
(ii) if the application is refused—that the application has been
refused; or
(iii) if the application is withdrawn—that the application has been
withdrawn; and
(c) the Commissioner of Taxation has not told the Secretary that the
person has not applied for a tax file number; and
(d) the Commissioner of Taxation has not told the Secretary that an
application by the person for a tax file number has been refused; and
(e) the application for a tax file number has not been
withdrawn.
(1) Subject to subsection (4), maternity immunisation allowance in respect
of a child is not payable to a person who is a member of a couple
unless:
(a) the person has given the Secretary a written statement of the
partner’s tax file number; or
(b) the person has given the Secretary a declaration by the partner in a
form approved by the Secretary and satisfied either subsection (2) or
(3).
(2) The person satisfies this subsection if:
(a) the partner’s declaration states that the partner:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the partner of the
partner’s tax file number; and
(b) the person has given the Secretary a document by the partner that
authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the partner has a tax file number; and
(ii) if the partner has a tax file number—the tax file number;
and
(c) the Commissioner of Taxation has not told the Secretary that the
partner has no tax file number.
(3) The person satisfies this subsection if:
(a) the partner’s declaration states that an application by the
partner for a tax file number is pending; and
(b) the person has given the Secretary a document by the partner that
authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the partner—the tax file
number; or
(ii) if the application is refused—that the application has been
refused; or
(iii) if the application is withdrawn—that the application has been
withdrawn; and
(c) the Commissioner of Taxation has not told the Secretary that an
application by the partner for a tax file number has been refused; and
(d) the application for a tax file number has not been
withdrawn.
(4) The Secretary may waive the request for a statement of the
partner’s tax file number if the Secretary is satisfied that:
(a) the person does not know the partner’s tax file number;
and
(b) the person can obtain none of the following from the
partner:
(i) the partner’s tax file number;
(ii) a statement of the partner’s tax file number;
(iii) a declaration by the partner under paragraph (1)(b).
14 Division 3 of Part 2.17A
Repeal the Division, substitute:
(1) The amount of maternity allowance for a child born before 1 January
1998 is 3 times the amount stated in column 3 of item 1 in Table C in point
1068A-C2 in Module C of the Parenting Allowance Rate Calculator in section
1068A.
(2) The amount of maternity allowance for a child born on or after 1
January 1998 is:
(a) if paragraph (b) does not apply—$750; or
(b) if 2.4 times the amount stated in column 3 of item 1 in Table C in
point 1068A-C2 in Module C of the Parenting Allowance Rate Calculator in section
1068A exceeds $750—2.4 times the amount so stated.
(3) The amount of maternity allowance is payable as a lump sum.
Stillborn child: more than one qualified person
(1) If:
(a) more than one person claims maternity allowance in respect of a
stillborn child; and
(b) the Secretary is satisfied that they are qualified for the
allowance;
the Secretary is to make a declaration naming one of them as the person to
whom the allowance is payable.
Child born alive: someone receiving family payment for child: allowance
not to be payable to anyone else
(2) If someone is receiving family payment in respect of a child,
maternity allowance is not payable to anyone else in respect of the same
child.
Child born alive: no one receiving family payment for child: more than
one person qualified
(3) If:
(a) no one is receiving family payment in respect of a child other than a
stillborn child; and
(b) 2 or more people claim maternity allowance in respect of the child;
and
(c) the Secretary is satisfied that at least 2 of them are qualified for
the maternity allowance;
the Secretary is to make a declaration:
(d) stating which of them the Secretary is satisfied are qualified for the
maternity allowance; and
(e) naming one of them as the person to whom the maternity allowance is
payable.
Allowance to be paid only to person named in declaration
(4) If a declaration is made under subsection (1) or (3), maternity
allowance in respect of the child to whom the declaration relates is payable to
the person named in the declaration as mentioned in paragraph (1)(d) or (3)(e),
as the case may be, and to no one else.
Notice of declaration
(5) The Secretary is to give notice of the declaration to each of the
people involved.
Only one allowance payable per child
(6) A maternity allowance is not payable in respect of the same child more
than once.
(1) The amount of maternity immunisation allowance for a child
is:
(a) if paragraph (b) does not apply—$200; or
(b) if 0.6 times the amount stated in column 3 of item 1 in Table C in
point 1068A-C2 in Module C of the Parenting Allowance Rate Calculator in section
1068A exceeds $200—0.6 times the amount so stated.
(2) The amount of maternity immunisation allowance is payable as a lump
sum.
Someone receiving family payment for child: allowance not to be payable
to anyone else
(1) Subject to subsection (2), if a person is receiving family payment in
respect of a child, maternity immunisation allowance is not payable to anyone
else in respect of the same child.
2 or more people (not members of same couple) receiving family payment
for child: allowance to be shared
(2) If:
(a) 2 or more people who are not members of the same couple claim
maternity immunisation allowance in respect of the same child; and
(b) the Secretary is satisfied that each of them:
(i) is qualified for the allowance; and
(ii) is receiving family payment in respect of the child;
the Secretary is to make a declaration:
(c) stating that the Secretary is satisfied that each of them is qualified
for the maternity immunisation allowance; and
(d) subject to subsection (3), specifying the respective shares of the
maternity immunisation allowance that each of them is to receive.
Share to be same as for family payment
(3) The share of the maternity immunisation allowance that is to be
specified under paragraph (2)(d) in respect of a person is to be the same as the
share of the family payment for the child that the person is to receive under
the declaration made under subsection 869(1).
2 or more qualified persons: neither receiving family payment for child:
allowance to be shared
(4) If:
(a) 2 or more people claim maternity immunisation allowance in respect of
a child other than a stillborn child; and
(b) the Secretary is satisfied that:
(i) each of them is qualified for the allowance; and
(ii) neither of them is receiving family payment in respect of the
child;
the Secretary is to make a declaration:
(c) stating that the Secretary is satisfied that each of them is qualified
for the maternity immunisation allowance; and
(d) specifying the respective shares of the maternity immunisation
allowance that each of them is to receive.
Notice of declaration
(5) The Secretary is to give notice of a declaration made under subsection
(2) or (4) to each of the people stated in the declaration to be qualified for
the maternity immunisation allowance in respect of the child.
Maximum allowance payable per child
(6) If each of 2 or more people is to receive a share of the maternity
immunisation allowance that is payable in respect of the same child, the sum of
the amounts of the allowance payable to them is not to exceed the amount that
would be payable if one only of them was qualified for the allowance.
15 Division 4 of Part 2.17A
(heading)
Repeal the heading substitute:
16 Subsection 900H(1)
After “maternity allowance”, insert “or maternity
immunisation allowance”.
17 Paragraph 900H(2)(a)
After “maternity allowance”, insert “or maternity
immunisation allowance”.
18 Paragraph 900H(2)(b)
Omit “maternity allowance”, substitute “that
allowance”.
19 At the end of section
900H
Add:
(3) If:
(a) claims for maternity allowance and maternity immunisation allowance
are made at the one time by or on behalf of a person in respect of a child other
than a stillborn child; and
(b) the maternity allowance is paid to the person; and
(c) the person ceases to be qualified for family payment in respect of the
child before the claim for maternity immunisation allowance is
determined;
the claim for maternity immunisation allowance is taken not to have been
made.
(4) However, subsection (3) does not:
(a) prevent the person referred to in that subsection from making another
claim for the maternity immunisation allowance; or
(b) prevent any other person from making a claim for that
allowance.
20 Section 900J
Repeal the section, substitute:
(1) If:
(a) a person lodges a claim for maternity allowance; and
(b) the person is not qualified for that allowance on the day on which the
claim is lodged; and
(c) the person becomes qualified for that allowance during the period of
13 weeks that starts on the day immediately after that day;
subsection 900H(2) does not apply in relation to the claim.
(2) If:
(a) a person lodges a claim for maternity immunisation allowance;
and
(b) the person is not qualified for that allowance on the day on which the
claim is lodged; and
(c) the person becomes qualified for that allowance during the period
starting immediately after the day on which the claim was lodged and ending at
the earlier of the following times:
(i) the end of the period of 117 weeks starting immediately after the day
on which the claim was lodged;
(ii) the day on which the child reaches the age of 2 years;
subsection 900H(2) does not apply in relation to the claim.
21 Subsection 900K(2)
After “maternity allowance”, insert “or maternity
immunisation allowance”.
22 Section 900L
Repeal the section, substitute:
To be a proper claim, a claim:
(a) must be lodged:
(i) at an office of the Department; or
(ii) at a place in Australia appointed for the purpose by the Secretary;
or
(iii) with a person in Australia approved for the purpose by the
Secretary; and
(b) must be so lodged:
(i) if the claim is for maternity allowance—within 26 weeks after
the date of the child’s birth; or
(ii) if the claim is for maternity immunisation allowance—before the
child has reached the age of 2 years.
23 Subsection 900N(1)
After “maternity allowance”, insert “or maternity
immunisation allowance”.
24 Subparagraph 900P(a)(ii)
After “maternity allowance”, insert “or maternity
immunisation allowance”.
25 Paragraph 900P(b)
After “maternity allowance”, insert “or maternity
immunisation allowance”.
26 Paragraph 900P(c)
Omit “maternity”, substitute “that”.
27 Section 900P
Omit “person’s claim for maternity allowance”, substitute
“claim referred to in paragraph (c)”.
28 Section 900Q
After “maternity allowance”, insert “or maternity
immunisation allowance”.
29 Paragraph 900R(a)
After “maternity allowance”, insert “or maternity
immunisation allowance”.
30 Paragraph 900T(a)
Repeal the paragraph, substitute:
(a) the claimant is qualified for the maternity allowance or maternity
immunisation allowance, as the case may be, to which the claim relates;
and
31 Division 6 of Part 2.17A
(heading)
Repeal the heading, substitute:
32 Section 900U
After “maternity allowance” (wherever occurring), insert
“or maternity immunisation allowance”.
33 Section 900V
After “maternity allowance” (wherever occurring), insert
“or maternity immunisation allowance”.
Note: The heading to section 900V is replaced by the heading
“Payment of maternity allowance or maternity immunisation allowance
after death”.
34 Section 900W
After “maternity allowance”, insert “or maternity
immunisation allowance”.
35 Division 7 of Part 2.17A
(heading)
Repeal the heading, substitute:
36 Subsection 900X(1)
Omit “is”, substitute “and maternity immunisation
allowance are”.
Note: The heading to section 900X is replaced by the heading
“Maternity allowance and maternity immunisation allowance to be
absolutely inalienable”.
37 Subsections 900X(2) and
(3)
After “maternity allowance” (wherever occurring), insert
“or maternity immunisation allowance”.
38 Section 900Y
After “maternity allowance” (wherever occurring), insert
“or maternity immunisation allowance”.
39 At the end of Part 2.17A
Add:
(1) The Secretary may give a person (a recipient) who has
received a payment of maternity allowance a notice that requires the recipient
to give the Department a statement about a matter that might affect any future
payment of maternity immunisation allowance for the child to the
recipient.
(2) Subject to subsection (3), a notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must state how the statement is to be given to the Department;
and
(d) must state the period within which the recipient is to give the
statement to the Department; and
(e) must state that the notice is a recipient statement notice given under
this Act.
Note: For recipient statement
notice see subsection 23(1).
(3) A notice under subsection (1) is not invalid merely because it fails
to comply with paragraph (2)(c) or (e).
(4) The period stated under paragraph (2)(d) must end at least 14 days
after the day on which the notice is given.
(5) A statement given in response to a notice under subsection (1) must be
in writing and in accordance with a form approved by the Secretary.
(6) A recipient must not, without reasonable excuse, refuse or fail to
comply with a notice under subsection (1) to the extent that the recipient is
capable of complying with the notice.
Penalty: Imprisonment for 6 months.
Note: Subsection 4B(2) of the Crimes Act 1914 allows
a court that convicts an individual of an offence to impose a fine instead of,
or in addition to, a term of imprisonment. The maximum fine that a court can
impose on the individual is worked out by multiplying the maximum term of
imprisonment (in months) by 5, and then multiplying the resulting number by the
amount of a penalty unit. The amount of a penalty unit is stated in section 4AA
of that Act.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not
in a foreign country; or
(b) all persons irrespective of their nationality or
citizenship.
40 Subsection 1223(1A)
After “maternity allowance”, insert “or maternity
immunisation allowance”
Income
Tax Assessment Act 1936
41 Section 24AB
Insert in its appropriate alphabetical position determined on a
letter-by-letter basis:
|
Maternity immunisation allowance |
24ABXAAA |
42 After section 24ABXAA
Insert:
Payments of maternity immunisation allowance under Part 2.17A of the
Social Security Act 1991 are exempt.
43 Subsection 159J(6) (paragraph (a) of the
definition of separate net income)
After “maternity allowance,”, insert “maternity
immunisation allowance,”.
Income
Tax Assessment Act 1997
44 Section 52-10 (table, after item
14.1)
Insert:
|
14.2 |
Maternity immunisation allowance |
Exempt |
Exempt |
Not applicable |
Not applicable |
45 Section 52-40 (table, item
14)
Repeal the item, substitute:
|
14.1 |
Maternity allowance |
Part 2.17A |
Not applicable |
Not applicable |
|
14.2 |
Maternity immunisation allowance |
Part 2.17A |
Not applicable |
Not applicable |
1 Points 1069-H5 and
1069-H6
Repeal the points, substitute:
Assumed notifiable events
1069-H5 An event is an assumed notifiable event for the purposes of the
application of this Module in respect of a person if a family payment claim form
approved by the Secretary that was lodged by or on behalf of the person states
that the event is an assumed notifiable event for the purposes of this
Module.
Notifiable events
1069-H6 An event is a notifiable event for the purposes of the application
of this Module in respect of a person if a notice given to the person under
subsection 872(1) states that the event is a notifiable event for the purposes
of this Module.
2 Application
Item 1 applies to events occurring after the commencement of this
Schedule.
1 Paragraph 1064-D1(f)
Repeal the paragraph, substitute:
(f) either of the following subparagraphs applies:
(i) where the person or the person’s partner is receiving family
payment in respect of a dependent child who is an FP child—the standard
family payment rate of the person or partner does not exceed the minimum family
payment rate of the person or partner, as the case may be;
(ii) where the person is a member of an illness separated couple, a
respite care couple or a temporarily separated couple and is the partner of a
person who is receiving family payment in respect of a dependent child who is an
FP child—the standard family payment rate of the partner does not exceed
the minimum family payment rate of the partner.
2 Paragraph 1066-D1(e)
Repeal the paragraph, substitute:
(e) where the person or the person’s partner is receiving family
payment in respect of a dependent child who is an FP child—the standard
family payment rate of the person or partner does not exceed the minimum family
payment rate of the person or partner, as the case may be.
3 Paragraph 1066A-EA2(h)
Repeal the paragraph, substitute:
(h) where the person or the person’s partner is receiving family
payment in respect of a dependent child who is an FP child—the standard
family payment rate of the person or partner does not exceed the minimum family
payment rate of the person or partner, as the case may be; and
4 Paragraph 1066A-EB2(i)
Repeal the paragraph, substitute:
(i) where the person or the person’s partner is receiving family
payment in respect of a dependent child who is an FP child—the standard
family payment rate of the person or partner does not exceed the minimum family
payment rate of the person or partner, as the case may be; and
5 Paragraph 1067-F1(h)
Repeal the paragraph, substitute:
(h) where the person or the person’s partner is receiving family
payment in respect of a dependent child who is an FP child—the standard
family payment rate of the person or partner does not exceed the minimum family
payment rate of the person or partner, as the case may be.
6 Paragraph 1067E-D1(f)
Repeal the paragraph, substitute:
(f) where the person or the person’s partner is receiving family
payment in respect of a dependent child who is an FP child—the standard
family payment rate of the person or partner does not exceed the minimum family
payment rate of the person or partner, as the case may be.
7 Paragraph 1068-F1(f)
Repeal the paragraph, substitute:
(f) where the person or the person’s partner is receiving family
payment in respect of a dependent child who is an FP child—the standard
family payment rate of the person or partner does not exceed the minimum family
payment rate of the person or partner, as the case may be.
8 Paragraph 1068A-F1(g)
Repeal the paragraph, substitute:
(g) where the person or the person’s partner is receiving family
payment in respect of a dependent child who is an FP child—the standard
family payment rate of the person or partner does not exceed the minimum family
payment rate of the person or partner, as the case may be.
9 Subpoint 1069-B5(1)
Omit “standard rate of family payment”, substitute
“standard family payment rate”.
10 At the end of subpoint
1069-E2(1)
Add:
; and (e) the person’s standard family payment rate exceeds the
person’s minimum family payment rate.
Note: A person’s standard family payment rate cannot
exceed the person’s minimum family payment rate if the person is
temporarily absent from Australia for more than 13 weeks (see point
1069-B5).
Student
and Youth Assistance Act 1973
11 Schedule 1 (paragraph
D1(f))
Repeal the paragraph, substitute:
(f) where the person or the person’s partner is receiving family
payment under the Social Security Act in respect of a dependent child who is an
FP child—the standard family payment rate of the person or partner under
that Act does not exceed the minimum family payment rate of the person or
partner, as the case may be.
1 Point 1069-J1 (method statement, step
1)
Omit “for a dependent child who is not an FP child”,
substitute:
for:
(a) a dependent child who is not an FP child; or
(b) an FP child who is, or because of subpoint 1069-B7(2) is taken to be,
outside Australia for the purposes of point 1069-B7; or
(c) an FP child in respect of whom point 1069-K3 applies because action to
obtain maintenance for the child that the Secretary considers reasonable to take
has not been taken.
2 Subpoint 1069-J8(1)
After “first”, insert “other than a child for whom
maintenance income is disregarded under Step 1 of the Method statement in point
1069-J1”.
1 Paragraph 839(1)(a)
After “organisation”, insert “and is not an FP child of
any person”.
1 Paragraph 837(2)(a)
Omit “13”, substitute “8”.
2 Subpoint 1069-B5(1)
Omit “(whether before or after the commencement of this Part) for
more than 13 weeks”, substitute “for more than 8
weeks”.
3 Paragraph 1069-B5(2)(a)
Omit “(whether before or after the commencement of this Part) for
more than 13 weeks”, substitute “for more than 8
weeks”.
Note: The heading to point 1069-B5 is altered by omitting
“13” and substituting “8”.
4 Subpoint 1069-B7(1)
After “Australia”, insert “and has been outside Australia
for more than 8 weeks”.
5 Paragraph 1069-B7(2)(b)
Repeal the paragraph, substitute:
(b) a child returns to Australia after having been absent from Australia
for more than 8 weeks;
6 Paragraph 1069-F2(2)(a)
Omit “13”, substitute “8”.
7 Paragraph 1069-F2(2)(b)
Repeal the paragraph, substitute:
(b) where the person has only one FP child—that child is outside
Australia and has been outside Australia for more than 8 weeks; or
(c) where the person has 2 or more FP children—all those children
are outside Australia and have been outside Australia for more than 8
weeks.
8 Subpoint 1069-F2(3)
Omit “the only FP child”, substitute “an FP
child”.
9 Paragraph 1069-F2(3)(a)
Omit “(whether before or after the commencement of this Part) for
more than 13 weeks”, substitute “for more than 8
weeks”.
10 Application
The amendments made by this Schedule apply to absences from Australia
beginning on or after the commencement of this Schedule.
1 Subsection 1132A(1B)
Repeal the subsection, substitute:
(1B) The Secretary may determine that paragraph 838(1)(d) does not apply
to the person if:
(a) the value of the person’s assets is more than $406,000 and not
more than $602,500; and
(b) either of the following applies:
(i) the value of the person’s liquid assets is equal to or greater
than the liquid assets limit;
(ii) the amount of the estimated income is equal to or greater than the
threshold amount worked out under subsection (2); and
(c) the amount of the estimated income is equal to or less than the
person’s income hardship limit.
(1BA) A person’s income hardship limit is worked out using the
following table. A person’s income hardship limit is the basic amount in
column 1 plus an additional amount in column 2 for each FP child of the person
(after the first).
|
Income hardship limit |
||
|---|---|---|
|
column 1
|
column 2
|
column 3 additional amount for each FP child (after the first) |
|
1. |
$27,125 |
$4,399 |
(1BB) In subsection (1BA):
FP child includes:
(a) a student child who:
(i) has reached 16, but is under 18, years of age; and
(ii) is receiving payments under a prescribed educational scheme;
or
(b) a child in relation to whom the Secretary has made a declaration under
subsection 869(1).
2 Subsection 1132A(1C)
(note)
Renumber as Note 1.
3 Subsection 1132A(1C) (after the
note)
Insert:
Note 2: If the Secretary makes a determination under
subsection (1B) or (1C), the person’s family payment rate may not exceed
the minimum family payment rate (see section 861A).
4 Subsection 1132A(5) (definition of liquid
assets value limit)
Repeal the definition.
5 Subsection 1132A(5)
Insert
liquid assets limit, in relation to a person,
means:
(a) if the person is a member of a couple—$10,000; or
(b) if the person is not a member of a couple—$6,000.
6 Section 1190 (table, after item
34B)
Insert:
|
35 |
Income hardship limit for family payment |
FP HIL |
[Subsection 1132A(1BA)—all amounts] |
7 Section 1191 (table, after item
25)
Insert:
|
26 |
FP HIL |
1 January |
June |
most recent June quarter before reference quarter |
not applicable—see subsection 1194(5) |
8 After subsection 1194(4)
Insert:
(5) If a provisional indexed amount for working out under subsection
1132A(1BA) a person’s income hardship limit for the purposes of paragraph
1132A(1B)(c) is not a multiple of $1.00, the indexed amount is the provisional
increased amount rounded up to the nearest multiple of $1.00.
1 Subsection 10A(2) (after paragraph (e) of the
definition of assessable fringe benefit)
Insert:
or (f) an expense benefit (see section 1157JA); or
(g) a financial investment benefit (see section 1157JC);
2 Subsection 10A(2) (definition of assessable
fringe benefit)
Omit “or housing benefit”, substitute “, housing benefit
or expense benefit”.
3 Subsection 10A(2) (note to definition of
assessable fringe benefit)
Omit “and 1157J (housing benefits)”, substitute “, 1157J
(housing benefits) and 1157JB (expense benefits)”.
4 Subsection 10A(2)
Insert:
expense benefit has the meaning given by section
1157JA.
5 Subsection 10A(2)
Insert:
expense fringe benefit means a fringe benefit that is an
expense benefit.
6 Subsection 10A(2)
Insert:
financial investment benefit has the meaning given by section
1157JC.
7 Subsection 10A(2)
Insert:
financial investment fringe benefit means a fringe benefit
that is a financial investment benefit.
8 Point 1067-G14A
Omit “If”, substitute “Subject to point 1067-G14CA,
if”.
9 Point 1067-G14B
Omit “If”, substitute “Subject to point 1067-G14CA,
if”.
10 Point 1067-G14C
Omit “If”, substitute “Subject to point 1067-G14CA,
if”.
11 After point 1067-G14C
Insert:
1067-G14CA References in points 1067-G14A to 1067-G14C to assessable fringe
benefits do not include references to expense fringe benefits or financial
investment fringe benefits.
12 Subsection 1157A(1)
Omit all the words from “These provisions” to the end of
paragraph (b), substitute “These provisions are necessary for the purposes
of the family payment income test and (except for the provisions relating to
expense fringe benefits and financial investment fringe benefits) are also
necessary for the purposes of the parental means test for social security
benefits.”.
13 At the end of Division 2 of Part
3.12A
Add:
(1) A person (the employee) receives an expense benefit if
an amount is paid to, or on behalf of, the employee or a person connected with
the employee by:
(a) an employer of the employee; or
(b) an associate of the employer; or
(c) a person (the arranger), other than the employer or an
associate of the employer, under an arrangement between:
(i) the employer or an associate of the employer; and
(ii) the arranger or another person;
and is so paid in connection with an expense or expenses of a private
nature that have been, or will or may be, incurred by the employee or person
connected with the employee.
(2) The following are persons connected with the employee:
(a) a partner of the employee;
(b) a dependent child of the employee or of the employee’s
partner;
(c) a person who would be a dependent child of the employee or of the
employee’s partner if the person was not receiving a newstart allowance or
a sickness allowance.
An amount paid as mentioned in subsection 1157JA(1) is exempt
if:
(a) the amount is paid to reimburse expenses incurred in connection with
the employee’s employment; or
(b) the employee requires the amount to be applied in paying expenses
related to the employee’s employment.
(1) A person (the employee) receives a financial
investment benefit if:
(a) an employer of the employee; or
(b) an associate of the employer; or
(c) a person (the arranger), other than the employer or an
associate of the employer, under an arrangement between:
(i) the employer or an associate of the employer; or
(ii) the arranger or another person;
pays for, or reimburses the cost of, the acquisition of a financial
investment by the employee or a person connected with the employee.
(2) The making by a person, for the benefit of another person, of
contributions to a superannuation fund or an ATO small superannuation account
does not constitute payment for the acquisition of a financial investment by the
other person.
(3) The following are persons connected with the employee:
(a) a partner of the employee;
(b) a dependent child of the employee or of the employee’s
partner;
(c) a person who would be a dependent child of the employee or of the
employee’s partner if the person was not receiving a newstart allowance or
a sickness allowance.
14 After Division 7 of Part
3.12A
Insert:
The value of an expense fringe benefit is the amount of the payment that
constitutes the expense benefit.
The value of a financial investment fringe benefit is the value of the
financial investment benefit that constitutes the financial investment fringe
benefit when the financial investment benefit is received.
1 Subsection 883(1)
Repeal the subsection, substitute:
(1) If:
(a) whether before or after the commencement of this subsection, family
payment ceased to be payable to a recipient under section 876 or the Secretary
cancelled or suspended a recipient’s family payment under section 880 or
881; and
(b) the Secretary reconsiders the decision that the family payment ceased
to be payable under section 876 or the decision to cancel or suspend the family
payment, as the case may be; and
(c) the Secretary becomes satisfied that, because of that
decision:
(i) the recipient did not receive family payment that was payable to the
recipient; or
(ii) the recipient is not receiving family payment that is payable to the
recipient;
the Secretary is to determine that family payment was or is payable to the
recipient.
1 Subparagraph
951W(1)(d)(i)
Repeal the subparagraph, substitute:
(i) the person or the person’s partner was, or except for a
declaration under section 869 would be, receiving family payment for the child
at a rate exceeding the minimum family payment rate of the person or of the
person’s partner, as the case may be; or
2 Application
Item 1 applies only in respect of children dying after the commencement of
this Schedule.
1 Paragraph 843(3)(c)
Repeal the paragraph, substitute:
(c) during the period of 13 weeks starting on the day immediately after
the day on which the claim is lodged, the person becomes qualified for family
payment otherwise than because of the birth of a child;
2 Paragraph 900J(1)(c)
Repeal the paragraph, substitute:
(c) during the period of 13 weeks starting on the day immediately after
the day on which the claim is lodged, the person becomes qualified for that
allowance otherwise than because of the birth of a child;
3 Paragraph 900J(2)(c)
Repeal the paragraph, substitute:
(c) during the period starting immediately after the day on which the
claim was lodged and ending at the earlier of the following times:
(i) the end of the period of 104 weeks starting immediately after the day
on which the claim was lodged;
(ii) the day on which the child reaches the age of 2 years;
the person becomes qualified for maternity immunisation allowance
otherwise than because of the birth of a child;
4 Paragraph 900J(c)
Repeal the paragraph, substitute:
(c) during the period of 13 weeks starting on the day immediately after
the day on which the claim is lodged, the person becomes qualified for maternity
allowance otherwise than because of the birth of a child;
5 Paragraph 911(4)(c)
Repeal the paragraph, substitute:
(c) during the period of 13 weeks starting on the day immediately after
the day on which the claim is lodged, the person becomes qualified for parenting
allowance otherwise than because of the birth of a child;
6 Application
(1) Items 2 and 3 have effect if, and only if, this Act contains a Schedule
headed Maternity allowances.
(2) Item 4 has effect if, and only if, this Act does not contain a Schedule
headed Maternity allowances.
(3) The amendments made by this Schedule apply to claims lodged on or after
1 January 1998.