Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Bill 2003
Schedule 4 Closure of access to mature age allowance and partner allowance

Part 1 Closure of access to mature age allowance

Social Security Act 1991

1  Division 1 of Part 2.12B (heading)

Repeal the heading, substitute:

Division 1 Application of Part

2  After section 660YAA

Insert:

660YAB   Time limits on claims for mature age allowance

             (1)  In spite of any other provisions of this Act or of the Administration Act, a person is not to be granted a mature age allowance under this Part unless:

                     (a)  the person’s claim for the allowance:

                              (i)  was lodged before 1 July 2003; or

                             (ii)  is taken, because of the operation of section 12, 13 or 15 of the Administration Act, to have been made before 1 July 2003; and

                     (b)  the person was qualified for the allowance:

                              (i)  in a case to which subparagraph (a)(i) applies—on the date of lodgment of the claim; and

                             (ii)  in a case to which subparagraph (a)(ii) applies—on the date the person is taken to have made the claim.

             (2)  Subsection (1) does not imply that a person making a claim in the circumstances referred to in subsection 35(1) of the Administration Act before 1 July 2003 will be granted a mature age allowance if the date from which the allowance would be payable to that person under subsection 37(7) of that Act would be 1 July 2003 or a later date.

             (3)  Nothing in this section affects the operation of section 85 of the Administration Act.



 

Part 2 Closure of access to partner allowance

Social Security Act 1991

3  Before Division 1 of Part 2.15A

Insert:

Division 1A Application of Part

771   Time limits on claims for partner allowance

             (1)  In spite of any other provisions of this Act or of the Administration Act, a person is not to be granted a partner allowance under this Part unless:

                     (a)  the person’s claim for the allowance:

                              (i)  was lodged before 1 July 2003; or

                             (ii)  is taken, because of the operation of section 12, 13 or 15 of the Administration Act, to have been made before 1 July 2003; and

                     (b)  the person was qualified for the allowance:

                              (i)  in a case to which subparagraph (a)(i) applies—on the date of lodgment of the claim; and

                             (ii)  in a case to which subparagraph (a)(ii) applies—on the date the person is taken to have made the claim.

             (2)  Subsection (1) does not imply that a person making a claim in the circumstances referred to in subsection 35(1) of the Administration Act before 1 July 2003 will be granted a partner allowance if the date from which the allowance would be payable to that person under subsection 37(7) of that Act would be 1 July 2003 or a later date.

             (3)  Nothing in this section affects the operation of section 85 of the Administration Act.