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Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Bill 2003

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B02EX249.PAM

 

2002

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Bill 2002

 

 

(1)     Clause 2, page 2 (table), omit the table, substitute:

 

                Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

 

2.  Schedule 1

1 July 2003

 

3.  Schedule 2

20 September 2002

 

4.  Schedule 3

The 28th day after the day on which this Act receives the Royal Assent

 

5.  Schedules 4 and 5

1 July 2003

 

6.  Schedule 6

28 April 2003

 

7.  Schedule 7

The day on which this Act receives the Royal Assent

 

[technical amendment]

(2)     Schedule 1, page 3 (before line 4), before Part 1, insert:

Part 1A Amendment of the A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) Act 1999

1A  Subsection 3(1) (definition of receiving )

Repeal the definition, substitute:

receiving :

                     (a)  in relation to a social security payment—has the same meaning as in subsections 23(2) and (4) of the Social Security Act 1991 ; and

                     (b)  for the purpose of construing references to a person receiving a social security pension or a social security benefit in clauses 1 and 17 of Schedule 1, and in clause 7 of Schedule 2, to this Act—is taken to include the meaning provided in subsection 23(4A) of the Social Security Act 1991 as if those clauses were specified in provisions of that Act referred to in subsection 23(4AA) of that Act; and

                     (c)  for the purpose of construing references to a person receiving a social security pension or social security benefit in clauses 1 and 17 of Schedule 1, and in clause 7 of Schedule 2, to this Act where those references relate to a person:

                              (i)  to whom parenting payment would be payable if not for a determination that a participation agreement breach non-payment period applies in relation to the person; or

                             (ii)  to whom parenting payment would be payable if not for a determination that a participation agreement breach rate reduction period applies in relation to the person;

                            has effect as if that determination had not been made.

[meaning of receiving]

(3)     Schedule 1, item 12, page 9 (line 19), omit “appropriate”, substitute “inappropriate”

[inappropriate terms for participation agreements]

(4)     Schedule 1, item 12, page 11 (line 31), omit “6 months”, substitute “26 weeks”.

[participation agreement]

(5)     Schedule 2, page 28 (before line 4), before Part 1, insert:

Part 1A Amendment of the A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) Act 1999

1A  Paragraph 7(j) of Schedule 3

After “rent assistance”, insert “, language, literacy and numeracy supplement” .

[income

status of language, literacy and numeracy supplement]

(6)     Schedule 2, item 5, page 33 (table item 2, 3rd column), omit “incentive allowance”, substitute “incentive allowance; and”.

[language, literacy and numeracy supplement amount]

(7)     Schedule 2, item 5, page 33 (table item 3, 3rd column), omit “pharmaceutical allowance”, substitute “pharmaceutical allowance; and”.

[language, literacy and numeracy supplement amount]

(8)     Schedule 6, item 7, page 53 (lines 1 and 2), omit paragraph (g), substitute:

                     (g)  the person:

                              (i)  in the case of a woman who would, but for this subsection, cease to be receiving wife pension because of the employment income, or the combined income, referred to in subparagraph (e)(ii)—continues, but for that employment income or combined income, to be qualified for wife pension on and from the cessation day; and

                             (ii)  in any other case—continues to be qualified for the pension or benefit on and from the cessation day;

            [wife pension—meaning of receiving]

(9)     Schedule 6, page 55 (before line 21), before item 9, insert:

8A  Subsection 1061ZB(1)

Omit all the words after paragraph (c), substitute:

the person is qualified for a pensioner concession card:

                     (d)  if the person is qualified for such a card under section 1061ZEA until a particular day—for the period of 26 weeks after that day; and

                     ( e)  in any other case—for the period of 26 weeks after the commencement or increase, as the case may be.

[extended qualification rule—pensioner concession card]

(10)   Schedule 6, item 9, page 55 (lines 32 to 36), omit paragraph (c) and all the words following that paragraph, substitute:

                     (c)  the balance is subsequently reduced to nil because of the commencement or increase; and

                     (d)  the person is not qualified for a pensioner concession card under section 1061ZEA;

paragraph (1)(e) has effect as if the reference to 26 weeks after the commencement or increase were a reference to 26 weeks after the day on which the balance is reduced to nil.

[extended qualification rule—pensioner concession card]

(11)   Schedule 6, item 9, page 56 (lines 14 to 18), omit paragraph (c) and all the words following that paragraph, substitute:

                     (c)  the balance is subsequently reduced to nil because of the commencement or increase; and

                     (d)  the person is not qualified for a pensioner concession card under section 1061ZEA;

paragraph (1)(e) has effect as if the reference to 26 weeks after the commencement or increase were a reference to 26 weeks after the day on which the balance is reduced to nil.

[extended qualification rule—pensioner concession card]

(12)   Schedule 6, page 56 (before line 25), before item 12, insert:

11A  Subsection 1061ZC(1)

Omit all the words after paragraph (c), substitute:

the person is qualified for a pensioner concession card:

                     (d)  if the person is qualified for a pensioner concession card under section 1061ZEA until a particular day—for the period of 26 weeks after that day; and

                     (e)  in any other case—for the period of 26 weeks after the commencement or increase, as the case may be.

[extended qualification rule—pensioner concession card]

(13)   Schedule 6, item 12, page 57 (lines 4 to 8), omit paragraph (c) and all the words following that paragraph, substitute:

                     (c)  the balance is subsequently reduced to nil because of the commencement or increase; and

                     (d)  the person is not qualified for a pensioner concession card under section 1061ZEA;

paragraph (1)(e) has effect as if the reference to 26 weeks after the commencement or increase were a reference to 26 weeks after the day on which the balance is reduced to nil.

[extended qualification rule—pensioner concession card]

(14)   Schedule 6, item 12, page 57 (lines 22 to 26), omit paragraph (c) and all the words following that paragraph, substitute:

                     (c)  the balance is subsequently reduced to nil because of the commencement or increase; and

                     (d)  the person is not qualified for a pensioner concession card under section 1061ZEA;

paragraph (1)(e) has effect as if the reference to 26 weeks after the commencement or increase were a reference to 26 weeks after the day on which the balance is reduced to nil.

          (1C)  If the person:

                     (a)  is qualified for a pensioner concession card under section 1061ZEA until a particular day; and

                     (b)  has, immediately before becoming so qualified, been receiving a social security benefit referred to in paragraph 1061ZA(2)(b) for a continuous period of less than 39 weeks;

the person is taken, for the purpose of the reference in paragraph (1)(a) to a continuous period of not less than 39 weeks, to be receiving the benefit until the particular day.

[extended qualification rule—pensioner concession card]

(15)   Schedule 6, item 13, page 57 (lines 27 to 29), omit the item, substitute:

13  Subsection 1061ZC(2)

After “subsection (1)”, insert “(including that subsection as modified by subsection (1A), (1B) or (1C))”.

13A  Subsection 1061ZC(3)

After “subsection (1)”, insert “(including that subsection as modified by subsection (1A) or (1B))”.

13B  Subsection 1061ZC(4)

After “subsection (1)”, insert “(including that subsection as modified by subsection (1A), (1B) or (1C))”.

[extended qualification rule—pensioner concession card]

(16)   Schedule 6, item 18, page 58 (line 26), omit “1061ZB, 1061ZC,”.

[extended qualification rule—pensioner concession card]

(17)   Schedule 6, item 18, page 59 (after line 32), after paragraph (g), insert:

             and (ga)  the person:

                              (i)  in the case of a woman to whom wife pension ceases to be payable because of the employment income, or the combined income, referred to in subparagraph (f)(ii)—continues, but for that employment income or combined income, to be qualified for wife pension; and

                             (ii)  in the case of a person to whom pension PP (single) ceases to be payable, or who ceases to receive benefit PP (partnered)—continues, but for the requirement to have at least one PP child, to be qualified for that pension or benefit; and

                            (iii)  in any other case—continues to be qualified for the payment referred to in section 1061ZA;

[extended qualification rule—pensioner concession card]

(18)   Schedule 6, item 18, page 60 (after line 2), after paragraph (j), insert:

                 or (k)  the day the person ceases to be qualified as mentioned in paragraph (ga);

[extended qualification rule—pensioner concession card]

(19) Schedule 6, page 60 (before line 27), before item 20, insert:

19A  After subsection 1061ZM(1)

Insert:

          (1A)  If the person is qualified for a health care card under section 1061ZMA until a day (the particular day ), subsection (1) has effect as if the reference to 26 weeks starting on the day on which the person ceases to be an employment-affected person were a reference to 26 weeks starting on the particular day.

          (1B)  If the person:

                     (a)  was an employment-affected person because of receiving pension PP (single); and

                     (b)  is qualified for a pensioner concession card under section 1061ZEA until a day (the particular day );

subsection (1) has effect as if the reference to the period of 26 weeks starting on the day on which the person ceases to be an employment-affected person were a reference to the period starting on the particular day and ending 26 weeks after the person ceases to be an employment-affected person.

          (1C)  If the person:

                     (a)  is qualified for a health care card under section 1061ZMA until a particular day; and

                     (b)  has, immediately before the commencement or increase mentioned in subsection (1), been a qualified recipient because of receiving newstart allowance, sickness allowance, widow allowance, partner allowance or youth allowance, other than while undertaking full-time study, for a continuous period of less than 52 weeks;

the person is taken, for the purpose of the reference in paragraph (1)(c) to a continuous period of 52 weeks, to be receiving the allowance until the particular day.

19B  Subsection 1061ZM(2)

After “referred to in subsection (1)”, insert “(including that subsection as modified by subsection (1A)) or the period provided by subsection (1B)”.

[extended qualification rule—health care card]

(20)   Schedule 6, item 20, page 60 (lines 31 and 32), omit subsection (1).

[extended qualification rule—health care card]

(21)   Schedule 6, item 20, page 61 (after line 33), after paragraph (g), insert:

             and (ga)  the person:

                              (i)  in the case of a person who ceases to receive benefit PP (partnered)—continues, but for the requirement to have at least one PP child, to be qualified for that benefit; and

                             (ii)  in any other case—continues to be qualified for the payment referred to in subsection 1061ZK(5);

[extended qualification rule—health care card]

(22)   Schedule 6, item 20, page 62 (after line 2), insert:

                 or (k)  the day the person ceases to be qualified as mentioned in paragraph (ga);

[extended qualification rule—health care card]

(23)   Schedule 6, page 62 (after line 13), after item 20, insert:

20A  Subsection 1061ZN(1)

Omit “and 1061ZM”, substitute “, 1061ZM and 1061ZMA”.

[extended qualification rule—health care card]

(24)   Schedule 6, item 26, page 76 (after line 7), at the end of section 1073J, add:

             (2)  If:

                     (a)  a woman receiving wife pension is a working credit participant; and

                     (b)  the partner of the participant ceases to receive age pension or disability support pension on and from a day (the cessation day ); and

                     (c)  the partner ceases to receive that pension:

                              (i)  because of the employment income of the partner (either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the partner); and

                             (ii)  after any working credit balance of the partner is reduced to nil; and

                     (d)  as a result of the partner’s so ceasing to receive that pension, the participant ceases to be qualified for wife pension on and from the cessation day; and

                     (e)  the participant has a working credit balance greater than nil at the start of the instalment period of the participant in which the cessation day occurs; and

                      (f)  but for the employment income, or combined income, referred to in paragraph (c), the participant would have continued to be qualified for wife pension until the earlier of:

                              (i)  a day determined under Division 8 or 9 of Part 3 of the Administration Act; or

                             (ii)  the day on which the participant’s working credit balance is reduced to nil;

the participant is to be treated as if she had continued to be so qualified until the earlier of the days referred to in subparagraphs (f)(i) and (ii).

[wife pension—extended qualification]