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Families, Community Services and Indigenous Affairs Legislation Amendment (Child Disability Assistance) Bill 2007

Schedule 1 Amendments

Part 1 Main amendments

Social Security Act 1991

1  Subsection 23(1)

Insert:

child disability assistance means child disability assistance under Part 2.19AA.

2  After Part 2.19

Insert:

Part 2.19AA Child disability assistance

   

992MA   Child disability assistance definitions

                   In this Part:

care receiver has the same meaning as in Part 2.19.

disabled child has the same meaning as in Part 2.19.

eligible care receiver has the meaning given by section 992MC.

qualified person has the meaning given by subsection 992MB(1).

qualifying instalment has the meaning given by subsection 992MB(2).

992MB   Qualification for child disability assistance

             (1)  A person (the qualified person ) is qualified for child disability assistance in respect of a particular 1 July if the following conditions are satisfied in respect of one or more instalments of carer allowance:

                     (a)  the person was paid the instalment in respect of a period that included that 1 July;

                     (b)  the instalment was for a care receiver who was a disabled child or for care receivers who were 2 disabled children.

             (2)  Each instalment in respect of which the conditions in subsection (1) are satisfied is a qualifying instalment .

992MC   Eligible care receivers

             (1)  Each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.

             (2)  However, if subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.

992MD   Amount of child disability assistance

             (1)  The amount of child disability assistance for the qualified person in respect of the 1 July is worked out by adding together the amount applicable under subsection (2) for each eligible care receiver in relation to the qualified person.

             (2)  The amount applicable under this subsection for an eligible care receiver is:

                     (a)  $1,000; or

                     (b)  if the rate at which the qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver—that share of $1,000.

3  Application of child disability assistance

Section 992MB of the Social Security Act 1991 applies in relation to 1 July 2007 and each subsequent 1 July.

4  Subsection 1222(2) (after table item 4)

Insert:

4A

1223ABB

(debts in respect of child disability assistance)

deductions

legal proceedings

garnishee notice

repayment by instalments

1231, 1234A

1232

1233

1234

5  After section 1223ABA

Insert:

1223ABB   Debts in respect of child disability assistance

             (1)  If:

                     (a)  child disability assistance is paid to a person; and

                     (b)  the assistance is paid because the person was paid an instalment of carer allowance in respect of a period that included a particular 1 July; and

                     (c)  the 1 July component of the instalment, or any part of the 1 July component, becomes a debt due to the Commonwealth;

then:

                     (d)  the amount of child disability assistance determined under subsection (2) or (3) is a debt due to the Commonwealth; and

                     (e)  the debt is taken to have arisen when the amount was paid to the person.

             (2)  If all of the 1 July component of the instalment becomes a debt due to the Commonwealth, the amount of child disability assistance that is a debt due to the Commonwealth is the amount of assistance that was paid in respect of the eligible care receiver to whose care the instalment relates.

             (3)  If only part of the 1 July component of the instalment becomes a debt due to the Commonwealth, the amount of child disability assistance that is a debt due to the Commonwealth is the difference between:

                     (a)  the amount paid in respect of the eligible care receiver to whose care the instalment relates; and

                     (b)  the amount applicable under subsection 992MD(2) for the eligible care receiver to whose care the instalment relates, based on the determination under subsection 981(1) that had effect in respect of the 1 July at the time the part of the 1 July component became a debt.

             (4)  In this section:

1 July component , of an instalment of carer allowance in respect of a period that includes a particular 1 July, means the amount of carer allowance in respect of that period that is applicable to the 1 July.

Social Security (Administration) Act 1999

6  After section 12D

Insert:

12E   Child disability assistance

                   A claim is not required for child disability assistance.

7  Subsection 47(1) (after paragraph (aa) of the definition of lump sum benefit )

Insert:

                   (ab)  child disability assistance; or

8  After section 50

Insert:

50A   Payment of child disability assistance

                   If an individual is qualified for child disability assistance in respect of a particular 1 July, the Secretary must pay the assistance to the individual in a single lump sum:

                     (a)  on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and

                     (b)  in such manner as the Secretary considers appropriate.

9  Section 123TC (before paragraph (a) of the definition of category C welfare payment )

Insert:

                    (aa)  child disability assistance; or

10  Section 123TC (before paragraph (a) of the definition of category G welfare payment )

Insert:

                    (aa)  child disability assistance; or

11  Section 123TC (after paragraph (g) of the definition of category I welfare payment )

Insert:

                    (ga)  child disability assistance; or

12  Section 123TC (after paragraph (b) of the definition of category Q welfare payment )

Insert:

                   (ba)  child disability assistance; or

13  Section 123TC (after paragraph (f) of the definition of category S welfare payment )

Insert:

                    (fa)  child disability assistance; or



 

Part 2 Related amendments

Income Tax Assessment Act 1936

14  Subsection 159J(6) (after subparagraph (ad)(i) of the definition of separate net income )

Insert:

                    (ia)  child disability assistance;

Income Tax Assessment Act 1997

15  Section 11-15 (table item headed “social security or like payments”)

Before:

Commonwealth education or training payment..............

Subdivision 52-F

insert:

child disability assistance......................................................

Subdivision 52-A

16  After paragraph 52-10(1)(a)

Insert:

                    (aa)  child disability assistance; or

17  After subsection 52-10(1A)

Insert:

       (1AA)  Child disability assistance under Part 2.19AA of the Social Security Act 1991 is exempt from income tax.