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Family and Community Services Legislation Amendment Bill 2000
Schedule 1 Amendments relating to double orphan pension

Part 1 Amendments commencing on Royal Assent

Social Security Act 1991

1  Section 994 (note 6)

Repeal the note.

2  At the end of section 996

Add:

             (2)  For the purposes of this Division, a person is a long-term prisoner if:

                     (a)  the person has been charged with an offence punishable by imprisonment for life or for a term of at least 10 years; and

                     (b)  the person has not been convicted of the offence; and

                     (c)  the person is in custody; and

                     (d)  the person is not serving a sentence of imprisonment for life or for a term of 10 years or more imposed as a result of conviction of another offence.



 

Part 2 Amendments taken to have commenced on 1 July 1998

Social Security Act 1991

3  Section 1010

Repeal the section, substitute:

1010   Rate of double orphan pension

             (1)  Subject to subsection (2), the rate of double orphan pension is a daily rate calculated by dividing $37.90 by 14.

             (2)  If the current family allowance rate in respect of a child is less than the prior family allowance rate in respect of the child, the rate calculated under subsection (1) in relation to the child is increased by an amount equal to the difference between the prior family allowance rate and the current family allowance rate.

             (3)  Subsection (2) does not have effect in relation to a child at any time at which double orphan pension in respect of the child is payable to an approved care organisation.

             (4)  In this section:

current family allowance rate , in relation to a child, means the rate at which family allowance is payable in respect of the child.

prior family allowance rate , in relation to a child, means the rate at which family allowance was payable in respect of the child immediately before the child became a double orphan.

4  Section 1190 (table item 16, column 2)

Omit “Rate of double orphan pension”, substitute “Rate of double orphan pension calculated under subsection 1010(1)”.

5  Application

The amendments made by this Part:

                     (a)  apply only in relation to a child who became a double orphan on or after 1 July 1998; and

                     (b)  do not affect the operation, on and after 1 July 1998, of the Social Security Act 1991 , as in force immediately before 1 July 1998, in relation to a child who became a double orphan before 1 July 1998.



 

Part 3 Amendment commencing on 1 July 2000

Social Security Act 1991

6  Section 1010

Repeal the section, substitute:

1010   Rate of double orphan pension

             (1)  Subject to subsections (2) and (3), the rate of double orphan pension is a daily rate calculated by dividing $37.90 by 14.

             (2)  If, in the case of a child who became a double orphan before 1 July 2000, the current family tax benefit rate in respect of the child is less than the prior family allowance rate in respect of the child, the rate calculated under subsection (1) in relation to the child is increased by an amount equal to the difference between the prior family allowance rate and the current family tax benefit rate.

             (3)  If, in the case of a child who becomes a double orphan on or after 1 July 2000, the current family tax benefit rate in respect of the child is less than the prior family tax benefit rate in respect of the child, the rate calculated under subsection (1) in relation to the child is increased by an amount equal to the difference between the prior family tax benefit rate and the current family tax benefit rate.

             (4)  Subsections (2) and (3) do not have effect in relation to a child at any time at which double orphan pension in respect of the child is payable to an approved care organisation.

             (5)  In this section:

current family tax benefit rate , in relation to a child, means the rate represented by so much of an individual’s Part A rate of family tax benefit as relates to the child.

prior family allowance rate , in relation to a child, means the rate at which family allowance was payable in respect of the child immediately before the child became a double orphan.

prior family tax benefit rate , in relation to a child, means the rate represented by so much of an individual’s Part A rate of family tax benefit as related to the child immediately before the child became a double orphan.

7  Application

The amendment made by item 6:

                     (a)  applies only in relation to a child who became a double orphan on or after 1 July 1998; and

                     (b)  does not affect the operation, on and after 1 July 2000, of the Social Security Act 1991 , as in force immediately before 1 July 1998, in relation to a child who became a double orphan before 1 July 1998.