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Family and Community Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other Measures) Bill 2003
Schedule 6 Reducing portability period

   

A New Tax System (Family Assistance) Act 1999

1  Subparagraph 21(1A)(b)(i)

Omit “26”, substitute “13”.

2  Section 24

Omit “26” (wherever occurring), substitute “13”.

3  Subparagraphs 42(1A)(b)(i), 44(1A)(b)(i) and 45(1A)(b)(i)

Omit “26”, substitute “13”.

4  Paragraphs 62(2)(b) and (3)(d) and 63(2)(b), (2)(d) and (3)(c)

Omit “26”, substitute “13”.

5  Subsection 63A(1)

Omit “26”, substitute “13”.

6  Application

(1)       The amendments of the A New Tax System (Family Assistance) Act 1999 made by this Schedule apply in relation to absences from Australia that start on or after the commencement of this Schedule.

(2)       However:

                     (a)  those amendments of subsections 24(2) and (3) and 63(3) of that Act apply in relation to children coming to Australia on or after the commencement of this Schedule; and

                     (b)  those amendments of subsections 24(5) and (6) and 62(3) of that Act apply in relation to individuals returning to Australia on or after the commencement of this Schedule.

Social Security Act 1991

7  Sections 500F, 500G and 500H

Omit “26” (wherever occurring), substitute “13”.

Note:       The heading to section 500F is altered by omitting “ 26 ” and substituting “ 13 ”.

8  Paragraph 1061PN(1)(b)

Omit “26”, substitute “13”.

9  Subparagraph 1061Q(4A)(a)(ii)

Omit “26”, substitute “13”.

10  Paragraph 1061S(3A)(a)

Omit “26”, substitute “13”.

11  Subsection 1217(5)

Repeal the subsection.

12  Section 1217 (table items 2 and 3)

Repeal the items, substitute:

 

3

Disability support pension

All persons

Any absence

13 weeks (but see also section 1218AA)

13  Section 1217 (table items 5 and 6)

Omit “26”, substitute “13”.

14  Section 1217 (table items 9 to 23, inclusive)

Omit “26”, substitute “13”.

15  Before section 1218

Insert:

1218AA   Extended portability period for disability support pension

             (1)  The Secretary may determine that a particular person’s maximum portability period for disability support pension is an unlimited period, if all of the following circumstances (the qualifying circumstances ) exist:

                     (a)  the person is severely disabled (see subsection 23(4B)); and

                     (b)  the person is receiving disability support pension; and

                     (c)  the person is terminally ill; and

                     (d)  the person’s absence from Australia is or will be permanent; and

                     (e)  the purpose of the person’s absence is:

                              (i)  to be with or near a family member of the person (see subsection 23(14)); or

                             (ii)  to return to the person’s country of origin.

             (2)  The Secretary may revoke the determination if any of the qualifying circumstances ceases to exist.

             (3)  If the Secretary revokes the determination, this Part has effect after the first time at which one of the qualifying circumstances does not exist as if the person’s maximum portability period for the pension were 13 weeks starting at that time.

16  Paragraph 1218B(b)

Omit “26”, substitute “13”.

17  Subsection 1220B(1)

After “person” (first occurring), insert “for whom an unlimited maximum portability period for the pension has been determined under section 1218AA”.

18  At the end of clause 128 of Schedule 1A

Add:

             (2)  However, the following provisions (as in force as if the amendments described in subclause (1) had not been made) do not continue to apply to the person at or after the first time the person is in Australia after the commencement of Schedule 6 to the Family and Community Services and Veterans’ Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003 :

                     (a)  section 1213A;

                     (b)  section 1215;

                     (c)  section 1216;

                     (d)  section 1220B, so far as it relates to a pension other than age pension or bereavement allowance.

Note:          If those provisions (as in force as if the amendments described in subclause (1) had not been made) do not continue to apply to the person at a particular time, the person is covered at that time by this Act as in force at that time.

             (3)  To avoid doubt, Schedule 6 to the Family and Community Services and Veterans’ Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003 does not affect section 1220B (as in force as if the amendments described in subclause (1) had not been made) so far as that section continues to apply because of that subclause.

19  At the end of Schedule 1A

Add:

135   Unlimited maximum portability period for disability support pension

             (1)  The Secretary may determine that a person’s maximum portability period for disability support pension is an unlimited period if:

                     (a)  at the commencement of this clause, the person is absent from Australia and receiving disability support pension; and

                     (b)  under this Act as in force immediately before the commencement, that absence could not affect the person’s right to continue to be paid the disability support pension throughout the period of that absence; and

                     (c)  after the commencement, the person enters Australia but does not become an Australian resident again.

Note:          The condition in paragraph (1)(b) may be met:

(a)           because the person was severely disabled (see subsection 1214(1) and item 2 of the table in subsection 1217(5) as those subsections were in force just before the commencement); or

(b)           because clause 128 (as in force just before the commencement) applied to the person section 1213A as in force before its repeal by the Social Security and Veterans’ Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000 .

             (2)  The determination has effect for the purposes of Part 4.2 of this Act as it applies in relation to an absence after the person’s entry, despite the repeal and substitution of items 2 and 3 of the table in section 1217 of this Act by the Family and Community Services and Veterans’ Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003 .

20  Application

(1)       The amendments of the Social Security Act 1991 made by this Schedule apply in relation to absences from Australia that start on or after the commencement of this Schedule.

(2)       However, the amendment of section 500H of that Act made by this Schedule applies in relation to children coming to Australia on or after the commencement of this Schedule.

(3)       Subitem (1) does not apply to the amendments of Schedule 1A to the Social Security Act 1991 made by this Schedule.