Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Current HansardDownload Current Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Monday, 19 March 2018
Page: 1496


Senator CASH (Western AustraliaMinister for Jobs and Innovation) (18:10): I move government amendment (1) on sheet JC488:

(1) Schedule 11, page 172 (line 1) to page 173 (line 2), omit the Schedule, substitute:

Schedule 11—Intent to claim provisions

Social Security (Administration) Act 1999

1 After paragraph 13(1 ) ( a)

Insert:

(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and

2 Paragraph 13(1 ) ( c)

Repeal the paragraph.

3 After paragraph 13(2 ) ( a)

Insert:

(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and

4 Paragraph 13(2 ) ( c) Repeal the paragraph.

5 After paragraph 13(3 ) ( a)

Insert:

(aa) the claimant is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and

6 Paragraph 13(3 ) ( c)

Repeal the paragraph.

7 After paragraph 13(3A ) ( a)

Insert:

(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and

8 Paragraph 13(3A ) ( c)

Repeal the paragraph.

9 After paragraph 14(1 ) ( a)

Insert:

(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and

10 Paragraph 14(1 ) ( c)

Repeal the paragraph.

11 After paragraph 14(2 ) ( a)

Insert:

(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and

12 Paragraph 14(2 ) ( c)

Repeal the paragraph.

13 After paragraph 14(3 ) ( a)

Insert:

(aa) the claimant is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and

14 Paragraph 14(3 ) ( c)

Repeal the paragraph.

15 After paragraph 14(3A ) ( a)

Insert:

(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and

16 Paragraph 14(3A ) ( c)

Repeal the paragraph.

17 After section 14

Insert:

14A Determination for purposes of sections 13 and 14

The Minister may, by legislative instrument, determine a class of persons for the purposes of paragraphs 13(1)(aa), (2)(aa), (3)(aa) and (3A)(aa) and 14(1)(aa), (2)(aa), (3)(aa) and (3A)(aa).

18 Application provision

The amendments made by this Schedule apply in relation to contacts to the Department made on or after the commencement of this item.

Under this amendment the current intent-to-claim provisions will be retained so as to only apply to claimants who are in vulnerable circumstances. The amendment includes an instrument-making power to allow a legislative instrument to define a vulnerable claimant for the purposes of the intent-to-claim provisions. For all other claimants the date of the claim will be the date the claim is lodged rather than the date they initially contact the department. Vulnerable claimants will be those who have a genuine difficulty in collating their documentation. These difficulties will include but not be limited to being homeless, affected by a major disaster or family and domestic violence, a recent humanitarian entrant or recently released from prison or psychiatric confinement.

Amendment (1) omits schedule 11, 'Removal of intent to claim provisions', and substitutes new schedule 11, 'Intent to claim provisions'. New schedule 11 retains and amends the current intent-to-claim provisions in the social security law. As I've stated, these provisions will now apply to a person in vulnerable circumstances, being a person who is included in the class of persons determined by the minister in a legislative instrument—and I've outline examples of that. This amendment will also remove the requirement for the secretary to give a person a written notice acknowledging the Department of Human Services has been contacted in relation to the making of a claim for a social security payment or concession card.