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Social Security and Other Legislation Amendment (Income Support for Students) Bill 2010

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2008-2009-2010

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Social Security and Other Legislation Amendment (Income Support for Students) Bill 2009

 

 

(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 4 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1, items 1 and 1A

1 April 2010.

1 April 2010

3.  Schedule 1, items 2 to 3A

1 July 2010.

1 July 2010

4.  Schedule 1, Part 1, Division 2

1 April 2010.

1 April 2010

5.  Schedule 1, Part 2, Divisions 1 and 2

1 July 2010.

1 July 2010

6.  Schedule 1, Part 2, Divisions 3 and 4

1 July 2012.

1 July 2012

7.  Schedule 2, Part 1

1 April 2010.

1 April 2010

8.  Schedule 2, items 5 to 16

1 April 2010.

1 April 2010

9.  Schedule 2, item 17

Immediately after the commencement of the provision(s) covered by table item 2.

1 April 2010

10.  Schedule 2, items 18 to 34

1 April 2010.

1 April 2010

11.  Schedule 3

Immediately after the commencement of Schedule 1 to the Social Security Amendment (Training Incentives) Act 2009 .

1 July 2009

12.  Schedule 4

The day after this Act receives the Royal Assent.

 

[commencement]

(2)     Schedule  1 , item  1 , page 4 (lines 8 to 11) , omit subsection 1067A ( 4 ), substitute:

             (4)  For the purposes of Part 2.11, this Part and section 1070G, a person is independent at a time in a period specified in an item of the table if at the time the person is at least the age specified in the item:

 

Age when person becomes independent

Item

Period

Age

1

The period starting at the start of 1 April 2010 and ending at the end of 31 December 2010

24 years

2

The year 2011

23 years

3

A year after 2011

22 years

[independence age]

(3)     Schedule  1 , page 4 (after line 14) , after item  1 , insert:

1A  Application of amendment affecting independence age

Subsection 1067A(4) of the Social Security Act 1991 as amended by item 1 applies for the purposes of working out a person’s eligibility for, or amount of, youth allowance for a day, or fares allowance for a journey on a day, that is on or after 1 April 2010.

[independence age]

(4)     Schedule 1, item 3, page 4 (line 23), omit “or (10C)”, substitute “, (10C) or (10E)”.

[workforce participation for independence]

(5)     Schedule  1 , item  3 , page 5 (line 1) , omit “ January ”, substitute “ July ”.

[workforce participation for independence]

(6)     Schedule 1, item 3, page 6 (after line 9), after subsection 1067A(10D), insert:

        (10E)  This subsection applies to a person if:

                     (a)  the person’s family home is in a location categorised under the Remoteness Structure as Outer Regional Australia, Remote Australia or Very Remote Australia; and

                     (b)  the person is required to live away from home (see section 1067D); and

                     (c)  the person is undertaking full-time study (see section 541B); and

                     (d)  the person’s combined parental income (as defined in point 1067G-F10 of the Youth Allowance Rate Calculator in section 1067G) for the appropriate tax year (see Submodule 3 of Module F of that Calculator) is less than $150,000.

         (10F)  For the purposes of paragraph (10E)(a), Remoteness Structure means the Remoteness Structure described in:

                     (a)  the document entitled “Statistical Geography Volume 1 Australian Standard Geographical Classification (ASGC) July 2006”, published by the Australian Statistician, that was effective 1 July 2006; or

                     (b)  a document specified in a determination under subsection (10G) to be a replacement document.

        (10G)  The Secretary may, by written determination, specify a document for the purposes of paragraph (10F)(b). The document must be one published by the Australian Statistician.

        (10H)  A determination under subsection (10G) is not a legislative instrument.

[workforce participation for independence]

(7)     Schedule  1 , page 6 (before line 10) , after item  3 , insert:

3A  Application of amendments about workforce participation

(1)       Subsections 1067A(10), (10A), (10B), (10C) and (10D) of the Social Security Act 1991 as amended by items 2 and 3 apply for the purposes of working out a person’s eligibility for, or amount of, youth allowance for a day, or fares allowance for a journey on a day, that is on or after 1 July 2010.

(2)       Subsections 1067A(10E) and (10F) of the Social Security Act 1991 as amended by item 3 apply for the purposes of working out a person’s eligibility for, or amount of, youth allowance for a day, or fares allowance for a journey on a day, that is on or after 1 January 2011.

[workforce participation for independence]

(8)     Schedule  1 , heading to Division  3 , page 6 (lines 14 and 15) , omit the heading.

[definition of independent]

(9)     Schedule  1 , item  5 , page 6 (lines 16 to 23) , omit the item, substitute:

5  Application of amendment

The amendment made by this Division applies for the purposes of working out a person’s eligibility for, or amount of, fares allowance for a journey on a day that is on or after 1 April 2010.

[definition of independent]

(10)   Schedule  1 , item  11 , page 8 (line 7) , omit “ January ”, substitute “ July ”.

[parental income test]

(11)   Schedule  1 , item  18 , page 13 (line 3) , omit “ January ”, substitute “ July ”.

[parental income test]

(12)   Schedule 2, item 4, page 20 (line 19), omit “$717”, substitute “$650”.

[amount of student start-up scholarship payment]

(13)   Schedule 2, item 4, page 20 (line 22), omit “$1,127”, substitute “$1,064”.

[amount of student start-up scholarship payment]

(14)   Schedule  2 , Part  1 , page 24 (after line 33) , at the end of the Part, add:

4A  Transitional rule for student scholarship start-up payment

(1)       Subsection 592G(1) of the Social Security Act 1991 does not prevent a person from being qualified exactly twice in 2010 for a student start-up scholarship payment if:

                     (a)  the person undertakes full-time study in an approved scholarship course on 1 April 2010; and

                     (b)  the person becomes qualified for youth allowance on or after 1 July 2010 but before 29 July 2010; and

                     (c)  when the person becomes qualified for youth allowance, the person is not independent (see section 1067A of that Act).

(2)       To avoid doubt, subitem (1) does not allow a person to qualify more than twice in 2010 for a student start-up scholarship payment.

4B  Transitional rule for relocation scholarship payment

(1)       This item applies if:

                     (a)  a person qualifies for a relocation scholarship payment on or after 1 July 2010 but before 29 July 2010 because the person is not independent (see section 1067A of the Social Security Act 1991 ) but is required to live away from home (see section 1067D of that Act); and

                     (b)  the person undertakes full-time study in an approved scholarship course on 1 April 2010; and

                     (c)  the earliest time at which the person was required to live away from home (see section 1067D of that Act) in connection with the course was not more than 6 months before the person started full-time study in the course in 2010.

(2)       Subsection 592L(2) of the Social Security Act 1991 does not apply to affect the amount of the first relocation scholarship payment to the person.

Note:       The amount of that relocation scholarship payment to the person will therefore be $4,000 (under subsection 592L(1) of the Social Security Act 1991 ) unless subsection 592L(3) of that Act applies.

[transitional rules for scholarship payments]

(15)   Schedule  2 , item  14 , page 27 (line 25) , omit “1  March ”, substitute “15  April ”.

[threshold amount]

(16)   Page 35 (after line 11) , at the end of the Bill, add:

Schedule 4 Higher education assistance for rural and regional students

   

Social Security Act 1991

1  After Chapter 2B

Insert:

Chapter 2BA Higher education assistance for rural and regional students

Part 2BA.1 Higher education assistance for rural and regional students

   

1061ZZFW   Scheme for higher education assistance for rural and regional students

             (1)  The Minister must, by legislative instrument, determine a scheme for paying $20 million, in the period starting on 1 January 2011 and ending at the end of 30 June 2013, for assistance for the undertaking of higher education by people under 25 years old who both:

                     (a)  have their main place of residence in a rural or regional area; and

                     (b)  would experience financial hardship in undertaking higher education without the assistance.

             (2)  Without limiting the generality of subsection (1), the scheme may deal with the following:

                     (a)  the form of the assistance;

                     (b)  the circumstances in which payment is to be made, or assistance is to be provided, to particular persons;

                     (c)  the amounts of payments to, or assistance for, particular persons;

                     (d)  which persons qualify for payments or assistance;

                     (e)  administrative matters, such as determination of entitlement and how and when payments will be made or assistance will be provided.

             (3)  The Minister may, by legislative instrument, vary the scheme, but not so as to reduce the total of payments to less than $20 million or delay the day by which that amount is to be paid.

[rural and regional students]



 

Parliamentary Counsel

Social Security and Other Legislation Amendment (Income Support for Students) Bill 2009

BV265

Statement of reasons: why certain amendments should be moved as requests

Section 53 of the Constitution is as follows:

Powers of the Houses in respect of legislation

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

Amendment (14)

The effect of this amendment is to expand the circumstances in which persons will be eligible for student start-up scholarship payments and relocation scholarship payments in 2010. It is covered by section 53 because it will increase the amount of expenditure out of the Consolidated Revenue Fund under the standing appropriation in section 242 of the Social Security (Administration) Act 1999 .

Amendment (16)

The effect of this amendment is to provide for a new scheme requiring the expenditure of $20 million for assistance for the undertaking of higher education by certain people. It is covered by section 53 because it will increase the amount of expenditure out of the Consolidated Revenue Fund under the standing appropriation in section 242 of the Social Security (Administration) Act 1999 .



 

Social Security and Other Legislation Amendment (Income Support for Students) Bill 2009 [No. 2]

SHEET REVISED BV265

 

 

 

Statement by the Clerk of the Senate pursuant

to the order of the Senate of 26 June 2000

 

 

 



Amendments (14) and (16)

 

The Senate has long followed the practice that it should treat as requests amendments which would result in increased expenditure under a standing appropriation, although this interpretation is not entirely consistent with other elements of the established interpretation of the third paragraph of section 53 of the Constitution.

 

On the basis that these amendments would result in increased expenditure under the standing appropriation in the Social Security (Administration) Act 1999 , it is in accordance with the precedents of the Senate that these amendments be moved as requests.