Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Farm Household Support Bill 2014
Go To First Hit

Part 5 Application and modification of the Social Security Act and the Social Security Administration Act

Division 1 Introduction

90   Simplified outline of this Part

This Part notionally modifies how the Social Security Act and the Social Security Administration Act operate, so that those Acts can apply in relation to payments made under this Act.

Farm household allowance is generally treated in the same way as newstart and youth allowance. This means that where there is a reference in those Acts to newstart or youth allowance, it is as if there were also a reference to farm household allowance. Similarly, where there is a reference to a concept that is defined to include those allowances, such as “social security benefit” or “social security payment”, it is as if that concept were also defined to include farm household allowance.

The farm household allowance, the activity supplement and the farm financial assessment supplement are all treated as if they were social security payments. As a result, the general rules in the Social Security Act and Social Security Administration Act relating to how to make claims, how payments are made and review of decisions apply in relation payments under this Act.

In order for those Acts to operate appropriately in relation to this Act, some provisions of those Acts are notionally turned off, and the text of other provisions of the Acts is notionally changed.

The modifications of concepts in the Social Security Act and the Social Security Administration Act flow through to other Acts, such as the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997 as a result of this Part.

91   Purposes of this Part

             (1)  This Part modifies the Social Security Act and the Social Security Administration Act so that those Acts apply in relation to payments made under this Act.

             (2)  The modifications apply for the purposes of the following Acts (including any regulations or other legislative instruments made under those Acts):

                     (a)  this Act;

                     (b)  the Social Security Act;

                     (c)  the Social Security Administration Act;

                     (d)  any other Act that refers to the Social Security Act or the Social Security Administration Act.

             (3)  To avoid doubt, when an Act (the relevant Act ) other than the Social Security Act:

                     (a)  uses an expression that is also used in all or part of the Social Security Act; and

                     (b)  gives the expression the same meaning as in that Act or part; and

                     (c)  the expression is modified by section 93 of this Act;

the expression when used in the relevant Act has the modified meaning.

Example:    Subsection 3(2) of the Social Security Administration Act gives expressions used in that Act the same meaning as in the Social Security Act. So, for example, a reference in the Social Security Administration Act to a social security payment is taken, as a result of this Part, to include a reference to farm household allowance, activity supplement and farm financial assessment supplement.

92   Further modification of the Social Security Act and the Social Security Administration Act

             (1)  The Minister’s rules may provide that:

                     (a)  this Part; or

                     (b)  the Social Security Act; or

                     (c)  the Social Security Administration Act;

has effect for the purposes set out in section 91 of this Act with any modifications that are prescribed.

             (2)  Without limiting subsection (1), the Minister’s rules may:

                     (a)  prescribe additional provisions of the Social Security Act or the Social Security Administration Act that do not apply, or that apply with modifications that are prescribed, in relation to the operation of this Act; or

                     (b)  prescribe provisions referred to in section 94 or 98 of this Act that, despite those sections, apply in relation to the operation of this Act; or

                     (c)  make further modifications of provisions already modified by section 95 or 99 of this Act.

Division 2 Application and modification of the Social Security Act

93   Application of the Social Security Act

             (1)  This table modifies (subject to this Division) the operation of the Social Security Act.

Note 1:       Certain provisions of the Social Security Act do not apply as a result of section 94 of this Act. Sections 95 to 97 modify particular provisions of the Social Security Act.

Note 2:       Division 8 of Part 2 of this Act (rate of farm household allowance) also modifies the Social Security Act for the purposes of determining the rate of farm household allowance.

 

Modification of the general operation of the Social Security Act

Item

The Social Security Act applies (subject to this Division) as if a reference in a provision of that Act to …

included a reference to …

1

newstart allowance

farm household allowance, to the extent that it relates to a person who has turned 22.

2

youth allowance

farm household allowance, to the extent that it relates to a person who has not turned 22.

3

an income support payment

farm household allowance.

4

a social security benefit

farm household allowance.

5

a social security entitlement

farm household allowance.

6

a social security payment

farm household allowance, activity supplement and farm financial assessment supplement.

7

the Minister (within the meaning of that Act)

the Minister (within the meaning of this Act), to the extent that the application of the provision is solely in relation to a payment under this Act.

8

subject to subsection (3), the Secretary (within the meaning of that Act)

the Secretary (within the meaning of this Act), to the extent that the application of the provision is solely in relation to a payment under this Act.

9

the Department (within the meaning of that Act)

the Department (within the meaning of this Act), to the extent that the application of the provision is solely in relation to a payment under this Act.

10

the purposes of the Social Security Act

the purposes of this Act.

11

the social security law

this Act.

12

a payment under the Social Security Act (however expressed)

a payment under this Act.

13

Part 2.11 or 2.12 of the Social Security Act

Part 2 of this Act.

14

newstart allowance ordinary waiting period under sections 620 and 621 of the Social Security Act

ordinary waiting period (within the meaning of this Act).

15

youth allowance newly arrived resident’s waiting period under section 549D of the Social Security Act

newly arrived resident’s waiting period (within the meaning of this Act), to the extent that it relates to a person who has not turned 22.

16

newstart allowance newly arrived resident’s waiting period under sections 623A and 623B of the Social Security Act

newly arrived resident’s waiting period (within the meaning of this Act), to the extent that it relates to a person who has turned 22.

17

a temporary incapacity exemption under section 542A of the Social Security Act

an exemption from the activity test under section 31 of this Act.

18

Subdivision BA of Division 1 of Part 2.12 of the Social Security Act

Subdivision C of Division 5 of Part 2 of this Act.

19

section 544B or 606 of the Social Security Act

section 15, 16, 17 or 18 of this Act.

20

a Youth Allowance Employment Pathway Plan or a Newstart Allowance Employment Pathway Plan

a financial improvement agreement.

21

the purposes of the assets test

the purposes of Subdivision A of Division 6 of Part 2 of this Act.

22

Subdivision AB of Division 2 of Part 2.11

Subdivision A of Division 6 of Part 2 of this Act.

23

section 549A of the Social Security Act

section 44 of this Act.

24

section 549B or 549C of the Social Security Act

section 45 of this Act.

25

section 598 of the Social Security Act

section 44 or 45 of this Act.

26

sections 611 and 612 of the Social Security Act

sections 33 and 34 of this Act.

27

section 612 of the Social Security Act

subsection 36(1) of this Act.

28

the youth allowance assets test or the newstart allowance assets test

the tests in sections 33 and 34 of this Act.

29

the youth allowance liquid assets test or the newstart allowance liquid assets test

the test in section 33 of this Act.

30

section 547AA or 615 of the Social Security Act

section 72 of this Act, as it applies as a result of paragraph 71(1)(a).

31

Division 2 of Part 4.2 of the Social Security Act (overseas portability)

Division 7 of Part 2 of this Act.

32

subsection 42P(1) of the Social Security Administration Act

sections 73 and 74 of this Act.

33

subsection 42P(2) of the Social Security Administration Act

section 74 of this Act.

Note:          Item 11 is subject to subsection 20(2) (training and advice to be provided by appropriately qualified person).

             (2)  For the purposes of the table in subsection (1):

                     (a)  item 12 of the table applies only in relation to a general reference to a payment under the Social Security Act and not to a reference to a specific payment under the Social Security Act; and

                     (b)  item 13 of the table applies only in relation to a general reference to Part 2.11 or 2.12 of the Social Security Act and not a reference to a specific part of that Part.

Note 1:       For example, item 12 of the table would not apply in relation to a specific reference to austudy payment under the Social Security Act.

Note 2:       Other items of this table translate references to a part of Part 2.11 or 2.12 of the Social Security Act into references to parts of Part 2 of this Act.

             (3)  Item 8 of the table does not apply in relation to the following provisions of the Social Security Administration Act (as those provisions apply as a result of subsection 3(2) of that Act):

                     (a)  subsection 127(3) (decisions that are not reviewable by the Secretary);

                     (b)  section 234 (delegation).

94   Certain provisions do not apply

                   The following provisions of the Social Security Act do not apply in relation to the operation of this Act:

                     (a)  section 28B (approved training courses for training supplement);

                     (b)  Divisions 1, 2 and 5 of Part 2.11 (youth allowance);

                     (c)  Part 2.11B (scholarship payments for students);

                     (d)  Divisions 1 and 4 of Part 2.12 (newstart allowance);

                     (e)  Part 2.13A (education entry payment);

                      (f)  Division 2 of Part 2.18A (quarterly clean » « energy supplement);

                     (g)  Part 2.21 (mobility allowance);

                     (h)  Part 2.22A (special employment advances);

                      (i)  Part 2.24A (pensioner education supplement);

                      (j)  Division 1 of Part 2A.1 (qualification for, and issue of, pensioner concession card);

                     (k)  section 1061ZM (qualification for health care card: employment-affected person);

                      (l)  section 1061ZMA (further extended qualification rule: loss of payment because of employment income);

                    (m)  Division 1AB of Part 3.10 (working credit accrual and depletion rules and their consequences);

                     (n)  Division 4 of Part 3.16 (indexation—adjustment of other rates);

                     (o)  Part 4.2 (overseas portability);

                     (p)  Schedule 1A (savings and transitional provisions).

95   Modification of particular provisions

                   This table modifies particular provisions of the Social Security Act.

 

Modification of particular provisions of the Social Security Act

Item

The following provisions of the Social Security Act:

apply as if …

1

subsection 8(8)

that subsection included a reference to an adjusted disability pension (within the meaning of section 118NA of the Veterans’ Entitlements Act).

2

paragraph 1061SB(2)(c) (increased rate of phone allowance for home internet)

the words “has reached pension age and” were omitted from that paragraph.

3

table item 28 in section 1190 (indexation)

(a) the amount described in that item included the farm assets value limit set out in section 34 of this Act; and

(b) the provisions set out in that item included section 34 of this Act.

4

subsection 1192(1)

the reference in that subsection to the Social Security Act included a reference to this Act.

5

section 1192

that section also provided that the first indexation of an amount:

(a) under item 21 of the CPI Indexation Table in subsection 1191(1); and

(b) that is the farm assets value limit set out in section 34 of this Act;

is to take place on 1 July 2015.

6

sections 1118 and 1118B

a reference in those sections to the value of a person’s assets (however expressed) included a reference to:

(a) the value of a person’s farm assets; and

(b) the value of a person’s non-farm assets.

7

subsection 1118AA(2)

the reference in that subsection to the value of a person’s assets were a reference to the value of a person’s non-farm assets.

8

subsections 1118AB(2) and 1118AC(2)

the references in those subsections to the total value of the person’s assets were references to the total value of the person’s non-farm assets.

9

section 1120C

that section applied for the purposes of Subdivision A of Division 6 of Part 2 of this Act (assets test).

10

section 1121

a reference in that section to an asset were a reference to a non-farm asset.

11

section 1121A

the content of that section (after the heading) were replaced with:

(1) If there is a charge or encumbrance over any of a person’s farm assets, the value of those farm assets for the purposes of this Act is the result of the following formula (but not less than nil):

(2) The Secretary (within the meaning of the Farm Household Support Act 2014 ) may decide when, and the extent to which, a liability is related to a farm asset for the purposes of subsection (1).

12

section 1122

the content of that section (after the heading) were replaced with:

(1) The value of a person’s farm assets for the purposes of this Act includes so much of an amount lent by the person, for spending relating to farm assets, as remains unpaid.

(2) The value of a person’s non-farm assets for the purposes of this Act includes so much of an amount lent by the person that:

(a) is not covered by subsection (1); and

(b) remains unpaid.

(3) For the purposes of this section, disregard any amount payable by way of interest.

13

sections 1131 and 1132

a reference in those sections to an assets test included a reference to a test in Subdivision A of Division 6 of Part 2 of this Act.

96   Application of Division 10 of Part 2.11 and Division 9 of Part 2.12 (bereavement payments) of the Social Security Act

             (1)  To avoid doubt, a person continues to be qualified for payments under Division 10 of Part 2.11 or Division 9 of Part 2.12 (bereavement payments) of the Social Security Act to cover the bereavement period even if the person ceases to receive farm household allowance because the person’s cumulative period of farm household allowance is more than 3 years.

             (2)  To avoid doubt, a person’s rate of farm household allowance continues at the rate worked out under section 567G or 660M (continuation of allowance on death of a child) of the Social Security Act (as modified by Division 8 of Part 2 of this Act) even if the person would otherwise cease to receive the allowance because the person’s cumulative period of farm household allowance is more than 3 years.

97   References to youth allowance and newstart allowance

             (1)  In relation to references to youth allowance, disregard any requirement or condition that a person:

                     (a)  is or is not undertaking full-time study; and

                     (b)  is or is not a new apprentice.

             (2)  In relation to references to either newstart allowance or youth allowance, disregard any requirement or condition that a person has a partial capacity to work.

Division 3 Application and modification of the Social Security Administration Act

98   Certain provisions do not apply

                   The following provisions of the Social Security Administration Act do not apply in relation to the operation of this Act:

                     (a)  section 45 (payment of youth allowance to person under 18);

                     (b)  section 56 (failure to nominate parent);

                     (c)  Division 3A of Part 3 (participation payments);

                     (d)  Part 3B (income management regime);

                     (e)  Part 3C (schooling requirements);

                      (f)  section 241 (annual report);

                     (g)  section 242 (appropriation).

99   Modification of particular provisions

                   This table modifies particular provisions of the Social Security Administration Act.

 

Modification of particular provisions of the Social Security Administration Act

Item

The following provisions of the Social Security Administration Act:

apply as if …

1

subsections 10(2) and (3)

the words “(but not Part 2 of the Farm Household Support Act 2014 , as that Part applies because of Part 5 of that Act)” were added after “1991 Act”.

2

subsection 64(2)

were omitted.

3

subsection 69(6)

the words “more than 13 weeks before the giving of the notice” were replaced with the words “before the day the first claim for farm household allowance was made”.

4

paragraph 81(1)(a)

the words “(other than newstart allowance)” were omitted from that paragraph.

5

subsections 110(1A) and (2A)

the words “who has not reached pension age” were omitted from those subsections.

6

paragraph 110(3A)(b)

that paragraph was replaced with:

(b) unless the partner is receiving farm household allowance—the partner has not reached pension age; and

7

subsection 118(2A)

the words “who has not reached pension age” were omitted from that subsection.

8

subparagraph 118(2B)(b)(ii)

the words “has reached pension age and” were omitted from that subparagraph.

9

subsection 118(5A)

the words “who has not reached pension age” were omitted from that subsection.

10

subparagraph 118(5B)(b)(ii)

the words “has reached pension age and” were omitted from that subparagraph.

11

paragraph 118(6A)(b)

that paragraph was replaced with:

(b) unless the partner is receiving farm household allowance—the partner has not reached pension age; and

12

subparagraph 118(6B)(g)(ii)

the words “has reached pension age and” were omitted from that subparagraph.

13

section 125

the words “or the Farm Household Support Act 2014 ” were inserted after “1991 Act”.

14

clause 5 of Schedule 2

subclause (1B) of that clause were omitted.

15

clause 5A of Schedule 2

the words “(other than farm household allowance)” were inserted after “participation payment”.