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Social Security and Veterans' Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Bill 2008

Schedule 3 2008 one-off payments to carers

Part 1 Main amendments

Social Security Act 1991

1  At the end of Part 2.5A

Add:

Division 12 2008 one-off payment to carers eligible for carer payment

269   2008 one-off payment to carers (carer payment related)

                   A person (the qualified person ) is qualified for a 2008 one-off payment to carers (carer payment related) if:

                     (a)  the person has been paid an instalment of carer payment in respect of a period that includes 13 May 2008; and

                     (b)  the person was paid that instalment because of a claim the person made on or before 13 May 2008.

270   Amount of the one-off payment

                   The amount of the one-off payment to the qualified person is $1000.

Note:          The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 13 2008 one-off payment to carers eligible for wife pension

271   2008 one-off payment to carers (wife pension related)

                   A person (the qualified person ) is qualified for a 2008 one-off payment to carers (wife pension related) if:

                     (a)  the person:

                              (i)  has been paid an instalment of wife pension in respect of a period that includes 13 May 2008; and

                             (ii)  was paid that instalment because of a claim the person made on or before 13 May 2008; and

                     (b)  the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:

                              (i)  the instalment was in respect of a period that includes 13 May 2008;

                             (ii)  the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;

                            (iii)  the person was paid that instalment because of a claim the person made on or before 13 May 2008.

272   Amount of the one-off payment

                   The amount of the one-off payment to the qualified person is $1000.

Note:          The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 14 2008 one-off payment to carers eligible for partner service pension

273   2008 one-off payment to carers (partner service pension related)

                   A person (the qualified person ) is qualified for a 2008 one-off payment to carers (partner service pension related) if:

                     (a)  the person:

                              (i)  has been paid an instalment of partner service pension under Part III of the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and

                             (ii)  was paid that instalment because of a claim the person made on or before 13 May 2008; and

                     (b)  the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:

                              (i)  the instalment was in respect of a period that includes 13 May 2008;

                             (ii)  the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;

                            (iii)  the person was paid that instalment because of a claim the person made on or before 13 May 2008.

274   Amount of the one-off payment

                   The amount of the one-off payment to the qualified person is $1000.

Note:          The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 15 2008 one-off payment to carers eligible for carer service pension

275   2008 one-off payment to carers (carer service pension related)

                   A person (the qualified person ) is qualified for a 2008 one-off payment to carers (carer service pension related) if:

                     (a)  the person has been paid an instalment of carer service pension as a result of the operation of subclause 8(2) or (4) of Schedule 5 to the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and

                     (b)  the person was paid that instalment because of a claim the person made on or before 13 May 2008.

276   Amount of the one-off payment

                   The amount of the one-off payment to the qualified person is $1000.

Note:          The amount is $1000, regardless of the number of people for whom the qualified person provides care.

2  At the end of Part 2.19A

Add:

Division 5 2008 one-off payment to carers eligible for carer allowance

992WD   2008 one-off payment to carers (carer allowance related)

             (1)  A person (the qualified person ) is qualified for a 2008 one-off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:

                     (a)  the instalment was in respect of a period that includes 13 May 2008;

                     (b)  the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;

                     (c)  the person was paid that instalment because of a claim the person made on or before 13 May 2008.

             (2)  For the purposes of this Part, the instalment, or each instalment, in relation to which paragraphs (1)(a), (b) and (c) are satisfied is a qualifying instalment .

992WE   Eligible care receivers

             (1)  Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.

             (2)  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.

992WF   Amount of the one-off payment

Add together the amounts applicable under this section for each eligible care receiver

             (1)  The amount of the one-off payment to the qualified person is worked out by adding together the amounts applicable under this section for each eligible care receiver.

Amount is $600 unless subsection (3) applies

             (2)  Subject to subsection (3), the amount applicable for an eligible care receiver is $600.

Reduced amount if instalment rate took account of a subsection 981(1) determination

             (3)  If the rate at which a 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, the amount applicable for the eligible care receiver is that share of $600.

3  Certain claims that would otherwise be taken to have been made on or before 13 May 2008

For the purposes of the provisions inserted by items 1 and 2, the following are to be disregarded:

                     (a)  the effect of section 12 of the Social Security (Administration) Act 1999 , so far as it relates to a determination under that section that is made after 13 May 2008;

                     (b)  the effect of section 15 of the Social Security (Administration) Act 1999 , so far as it relates to the Secretary becoming satisfied of a matter, as mentioned in that section, after 13 May 2008.

4  At the end of subsection 1223ABA(1)

Add:

               ; or (p)  2008 one-off payment to carers (carer payment related); or

                     (q)  2008 one-off payment to carers (wife pension related); or

                      (r)  2008 one-off payment to carers (partner service pension related); or

                      (s)  2008 one-off payment to carers (carer service pension related); or

                      (t)  2008 one-off payment to carers (carer allowance related).

5  After subsection 1223ABA(3CJ)

Insert:

       (3CK)  If the relevant payment is a payment of 2008 one-off payment to carers (carer payment related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the instalment of carer payment referred to in section 269 of this Act was paid.

        (3CL)  If the relevant payment is a payment of 2008 one-off payment to carers (wife pension related), a relevant determination is:

                     (a)  a determination made under Part 3 of the Administration Act because of which the instalment of wife pension referred to in section 271 of this Act was paid; or

                     (b)  a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 271 of this Act was paid.

       (3CM)  If the relevant payment is a payment of 2008 one-off payment to carers (partner service pension related), a relevant determination is:

                     (a)  a determination made under the Veterans’ Entitlements Act because of which the instalment of partner service pension referred to in section 273 of this Act was paid; or

                     (b)  a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 273 of this Act was paid.

       (3CN)  If the relevant payment is a payment of 2008 one-off payment to carers (carer service pension related), a relevant determination is a determination made under the Veterans’ Entitlements Act because of which the instalment of carer service pension referred to in section 275 of this Act was paid.

       (3CO)  If the relevant payment is a payment of 2008 one-off payment to carers (carer allowance related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 992WD of this Act was paid.

6  At the end of subsection 1223ABA(3D)

Add:

               ; or (e)  13 May 2008, if the relevant payment is a payment of:

                              (i)  2008 one-off payment to carers (carer payment related); or

                             (ii)  2008 one-off payment to carers (wife pension related); or

                            (iii)  2008 one-off payment to carers (partner service pension related); or

                            (iv)  2008 one-off payment to carers (carer service pension related); or

                             (v)  2008 one-off payment to carers (carer allowance related).

Social Security (Administration) Act 1999

7  Sections 12AA to 12AD

Repeal the sections, substitute:

12AA   One-off payments to carers

                   A claim is not required for the following:

                     (a)  one-off payment to carers (carer allowance related);

                     (b)  one-off payment to carers (carer payment related);

                     (c)  2005 one-off payment to carers (carer payment related);

                     (d)  2005 one-off payment to carers (carer service pension related);

                     (e)  2005 one-off payment to carers (carer allowance related);

                      (f)  2006 one-off payment to carers (carer payment related);

                     (g)  2006 one-off payment to carers (wife pension related);

                     (h)  2006 one-off payment to carers (partner service pension related);

                      (i)  2006 one-off payment to carers (carer service pension related);

                      (j)  2006 one-off payment to carers (carer allowance related);

                     (k)  2007 one-off payment to carers (carer payment related);

                      (l)  2007 one-off payment to carers (wife pension related);

                    (m)  2007 one-off payment to carers (partner service pension related);

                     (n)  2007 one-off payment to carers (carer service pension related);

                     (o)  2007 one-off payment to carers (carer allowance related);

                     (p)  2008 one-off payment to carers (carer payment related);

                     (q)  2008 one-off payment to carers (wife pension related);

                      (r)  2008 one-off payment to carers (partner service pension related);

                      (s)  2008 one-off payment to carers (carer service pension related);

                      (t)  2008 one-off payment to carers (carer allowance related).

8  Subsection 47(1) (after paragraph (hn) of the definition of lump sum benefit )

Insert:

                   (ho)  2008 one-off payment to carers (carer payment related); or

                   (hp)  2008 one-off payment to carers (wife pension related); or

                   (hq)  2008 one-off payment to carers (partner service pension related); or

                    (hr)  2008 one-off payment to carers (carer service pension related); or

                    (hs)  2008 one-off payment to carers (carer allowance related); or

9  Sections 47B to 47E

Repeal the sections, substitute:

47B   Payment of one-off payments to carers

             (1)  If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment 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.

             (2)  The payments are the following:

                     (a)  one-off payment to carers (carer allowance related);

                     (b)  one-off payment to carers (carer payment related);

                     (c)  2005 one-off payment to carers (carer payment related);

                     (d)  2005 one-off payment to carers (carer service pension related);

                     (e)  2005 one-off payment to carers (carer allowance related);

                      (f)  2006 one-off payment to carers (carer payment related);

                     (g)  2006 one-off payment to carers (wife pension related);

                     (h)  2006 one-off payment to carers (partner service pension related);

                      (i)  2006 one-off payment to carers (carer service pension related);

                      (j)  2006 one-off payment to carers (carer allowance related);

                     (k)  2007 one-off payment to carers (carer payment related);

                      (l)  2007 one-off payment to carers (wife pension related);

                    (m)  2007 one-off payment to carers (partner service pension related);

                     (n)  2007 one-off payment to carers (carer service pension related);

                     (o)  2007 one-off payment to carers (carer allowance related);

                     (p)  2008 one-off payment to carers (carer payment related);

                     (q)  2008 one-off payment to carers (wife pension related);

                      (r)  2008 one-off payment to carers (partner service pension related);

                      (s)  2008 one-off payment to carers (carer service pension related);

                      (t)  2008 one-off payment to carers (carer allowance related).

10  Application

To avoid doubt, the amendment made by item 9 does not entitle a person to a payment mentioned in paragraphs 47B(2)(a) to (o) of the Social Security (Administration) Act 1999 (as inserted by item 9) if such a payment has already been paid to the person under section 47B, 47C, 47D or 47E of the that Act (as in force before the commencement of this item).



 

Part 2 Related amendments

Income Tax Assessment Act 1936

11  Subsection 159J(6) (subparagraph (ad)(xvi) of the definition of separate net income )

Omit “and”.

12  Subsection 159J(6) (at the end of paragraph (ad) of the definition of separate net income )

Add:

                         (xvii)  2008 one-off payment to carers (carer payment related);

                        (xviii)  2008 one-off payment to carers (wife pension related);

                          (xix)  2008 one-off payment to carers (partner service pension related);

                           (xx)  2008 one-off payment to carers (carer service pension related);

                          (xxi)  2008 one-off payment to carers (carer allowance related); and

13  Subsection 159J(6) (after paragraph (add) of the definition of separate net income )

Insert:

                  (ade)  does not include payments to carers under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Act 2008 ; and

Income Tax Assessment Act 1997

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

After:

payments under the scheme determined under Schedule 4 to the Social Security and Veterans’ Affairs Legislation Amendment (One-off Payments and Other 2007 Budget Measures) Act 2007 ............................................................................









52-10

insert:

2008 one-off payment to carers (carer payment related), 2008 one-off payment to carers (wife pension related), 2008 one-off payment to carers (partner service pension related), 2008 one-off payment to carers (carer service pension related) or 2008 one-off payment to carers (carer allowance related)...............................................................................











52-10

payments under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Act 2008 .....







52-10

15  Paragraph 52-10(1)(r)

Repeal the paragraph, substitute:

                      (r)  2008 one-off payment to carers (carer payment related); or

                      (s)  2008 one-off payment to carers (wife pension related); or

                      (t)  2008 one-off payment to carers (partner service pension related); or

                     (u)  2008 one-off payment to carers (carer service pension related); or

                     (v)  2008 one-off payment to carers (carer allowance related); or

                    (w)  payments under a scheme referred to in subsection (1E).

16  Paragraph 52-10(1D)(a)

Omit “Part 2.5A”, substitute “Division 1 of Part 2.5A”.

17  Paragraph 52-10(1D)(b)

Omit “Part 2.19A”, substitute “Division 1 of Part 2.19A”.

18  Paragraph 52-10(1D)(c)

Omit “Part 2.5B”, substitute “Division 2 of Part 2.5A”.

19  Paragraph 52-10(1D)(d)

Omit “Part 2.5C”, substitute “Division 3 of Part 2.5A”.

20  Paragraph 52-10(1D)(e)

Omit “Part 2.19B”, substitute “Division 2 of Part 2.19A”.

21  Paragraph 52-10(1D)(f)

Omit “Part 2.5D”, substitute “Division 4 of Part 2.5A”.

22  Paragraph 52-10(1D)(g)

Omit “Part 2.5E”, substitute “Division 5 of Part 2.5A”.

23  Paragraph 52-10(1D)(h)

Omit “Part 2.5F”, substitute “Division 6 of Part 2.5A”.

24  Paragraph 52-10(1D)(i)

Omit “Part 2.5G”, substitute “Division 7 of Part 2.5A”.

25  Paragraph 52-10(1D)(j)

Omit “Part 2.19C”, substitute “Division 3 of Part 2.19A”.

26  Paragraph 52-10(1D)(k)

Omit “Part 2.5H”, substitute “Division 8 of Part 2.5A”.

27  Paragraph 52-10(1D)(l)

Omit “Part 2.5J”, substitute “Division 9 of Part 2.5A”.

28  Paragraph 52-10(1D)(m)

Omit “Part 2.5K”, substitute “Division 10 of Part 2.5A”.

29  Paragraph 52-10(1D)(n)

Omit “Part 2.5L”, substitute “Division 11 of Part 2.5A”.

30  Paragraph 52-10(1D)(o)

Omit “Part 2.19D”, substitute “Division 4 of Part 2.19A”.

31  At the end of subsection 52-10(1D)

Add:

                   ; (p)  2008 one-off payment to carers (carer payment related) (see Division 12 of Part 2.5A of that Act);

                     (q)  2008 one-off payment to carers (wife pension related) (see Division 13 of Part 2.5A of that Act);

                      (r)  2008 one-off payment to carers (partner service pension related) (see Division 14 of Part 2.5A of that Act);

                      (s)  2008 one-off payment to carers (carer service pension related) (see Division 15 of Part 2.5A of that Act);

                      (t)  2008 one-off payment to carers (carer allowance related) (see Division 5 of Part 2.19A of that Act).

32  At the end of subsection 52-10(1E)

Add:

                   ; (e)  a scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Act 2008 .

Social Security Act 1991

33  After paragraph 8(8)(jae)

Insert:

                   (jaf)  a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Act 2008 ;

34  Part 2.5A (heading)

Repeal the heading, substitute:

Part 2.5A One-off payments to carers eligible for carer payment

35  Before section 247

Insert:

Division 1 One-off payment to carers eligible for carer payment

36  Section 247 (note)

Omit “Part 2.19A”, substitute “Division 1 of Part 2.19A”.

37  Part 2.5B (heading)

Repeal the heading.

38  Before section 249

Insert:

Division 2 2005 one-off payment to carers eligible for carer payment

39  Section 249 (note)

Omit “Part 2.19B”, substitute “Division 2 of Part 2.19A”.

40  Part 2.5C (heading)

Repeal the heading.

41  Before section 251

Insert:

Division 3 2005 one-off payment to carers eligible for carer service pension

42  Part 2.5D (heading)

Repeal the heading.

43  Before section 253

Insert:

Division 4 2006 one-off payment to carers eligible for carer payment

44  Part 2.5E (heading)

Repeal the heading.

45  Before section 255

Insert:

Division 5 2006 one-off payment to carers eligible for wife pension

46  Part 2.5F (heading)

Repeal the heading.

47  Before section 257

Insert:

Division 6 2006 one-off payment to carers eligible for partner service pension

48  Part 2.5G (heading)

Repeal the heading.

49  Before section 259

Insert:

Division 7 2006 one-off payment to carers eligible for carer service pension

50  Part 2.5H (heading)

Repeal the heading.

51  Before section 261

Insert:

Division 8 2007 one-off payment to carers eligible for carer payment

52  Part 2.5J (heading)

Repeal the heading.

53  Before section 263

Insert:

Division 9 2007 one-off payment to carers eligible for wife pension

54  Part 2.5K (heading)

Repeal the heading.

55  Before section 265

Insert:

Division 10 2007 one-off payment to carers eligible for partner service pension

56  Part 2.5L (heading)

Repeal the heading.

57  Before section 267

Insert:

Division 11 2007 one-off payment to carers eligible for carer service pension

58  Part 2.19A (heading)

Repeal the heading, substitute:

Part 2.19A One-off payments to carers eligible for carer allowance

59  Before section 992N

Insert:

Division 1 One-off payment to carers eligible for carer allowance

60  Subsection 992N(2) (note)

Omit “Part 2.5A”, substitute “Division 1 of Part 2.5A”.

61  Part 2.19B (heading)

Repeal the heading.

62  Before section 992Q

Insert:

Division 2 2005 one-off payment to carers eligible for carer allowance

63  Subsection 992Q(2) (note)

Omit “Part 2.5B”, substitute “Division 2 of Part 2.5A”.

64  Part 2.19C (heading)

Repeal the heading.

65  Before section 992T

Insert:

Division 3 2006 one-off payment to carers eligible for carer allowance

66  Part 2.19D (heading)

Repeal the heading.

67  Before section 992WA

Insert:

Division 4 2007 one-off payment to carers eligible for carer allowance

Social Security and Veterans’ Affairs Legislation Amendment (One-off Payments and Other 2007 Budget Measures) Act 2007

68  Paragraph 1(2)(a) of Schedule 4

Omit “Parts 2.5H, 2.5J, 2.5K, 2.5L and 2.19D”, substitute “Divisions 8, 9, 10 and 11 of Part 2.5A and Division 4 of Part 2.19A”.

Social Security and Veterans’ Entitlements Legislation Amendment (One-off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006

69  Paragraph 1(2)(a) of Schedule 2

Omit “Parts 2.5D, 2.5E, 2.5F, 2.5G and 2.19C”, substitute “Divisions 4, 5, 6 and 7 of Part 2.5A and Division 3 of Part 2.19A”.

Social Security Legislation Amendment (One-off Payments for Carers) Act 2005

70  Paragraph 1(2)(a) of Schedule 4

Omit “Parts 2.5B, 2.5C and 2.19B”, substitute “Divisions 2 and 3 of Part 2.5A and Division 2 of Part 2.19A”.

Veterans’ Entitlements Act 1986

71  At the end of subsection 5H(8) (before the note)

Add:

                ; (zze)  a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Act 2008 .