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Schedule 1—Amendments

Schedule 1 Amendments

Part 1 Amendments of mobility allowance provisions

Social Security Act 1991

1  Section 19 (definition of handicapped person )

Repeal the definition.

2  Subsection 23(1) (definition of handicapped person )

Repeal the definition.

3  Subsection 1035(1)

After “A person is qualified for a mobility allowance at the rate specified in subsection 1044(1) if the person”, insert “is aged 16 or over and under 65, the person”.

4  Subparagraph 1035(1)(a)(i)

Repeal the subparagraph, substitute:

                              (i)  the person has a physical or mental disability and the Secretary is of the opinion that the disability is either permanent or likely to last for at least 12 months;

5  Subparagraph 1035(1)(b)(i)

Repeal the subparagraph, substitute:

                              (i)  the person has a physical or mental disability and the Secretary is of the opinion that the disability is either permanent or likely to last for at least 12 months;

6  Paragraphs 1035(1)(c) to (f)

Repeal the paragraphs.

7  Subparagraph 1035(1)(g)(i)

Repeal the subparagraph, substitute:

                              (i)  the person has a physical or mental disability and the Secretary is of the opinion that the disability is either permanent or likely to last for at least 12 months;

8  Subparagraph 1035(1)(g)(iii)

Omit “any 2 or more of”.

9  Sub-subparagraph 1035(1)(g)(iii)(C)

Repeal the sub-subparagraph.

10  Subparagraph 1035(1)(g)(iv)

Omit “resident; or”, substitute “resident.”.

11  Paragraph 1035(1)(h)

Repeal the paragraph.

12  Paragraph 1035(2)(b)

Omit “training; or”, substitute “training.”.

13  Paragraphs 1035(2)(c) to (e)

Repeal the paragraphs.

14  Subsection 1035(3) (definition of vocational rehabilitation program )

Repeal the definition.

15  Subsection 1035(3) (definition of voluntary work )

Repeal the definition.

16  Paragraph 1035A(1)(a)

Repeal the paragraph, substitute:

                     (a)  the person is aged 16 or over and under 65; and

                    (aa)  the person has a physical or mental disability and the Secretary is of the opinion that the disability is either permanent or likely to last for at least 12 months; and

17  Paragraphs 1035A(3)(b) to (d)

Repeal the paragraphs, substitute:

                     (b)  the person is working for at least 15 hours per week on wages that are at or above the relevant minimum wage; and

                     (c)  the person is required to travel to and from the person’s home for the purpose of performing the work.

18  Paragraphs 1035A(6)(b) to (d)

Repeal the paragraphs, substitute:

                     (b)  the person is working for at least 15 hours per week on wages that are at or above the relevant minimum wage; and

                     (c)  the person is required to travel to and from the person’s home for the purpose of performing the work.

19  Section 1038 (heading)

Repeal the heading, substitute:

1038   Mobility allowance not payable if person is an NDIS participant or a former NDIS participant

20  Section 1038

Before “A”, insert “(1)”.

21  At the end of section 1038

Add:

             (2)  A mobility allowance is not payable to a person (and can never again become payable to the person) if the person ceases to be an NDIS participant.

22  Subsection 1039AA(4)

Repeal the subsection, substitute:

             (4)  Subsection (1) does not apply to a person whose physical or mental disability arose while the person was in Australia.

23  At the end of subsection 1044(1A)

Add:

Note:          The rate of mobility allowance is indexed annually in line with CPI increases (see sections 1191 to 1194).

24  Subsections 1044(2) and (3)

Repeal the subsections.

25  Section 1044A

Repeal the section.

26  Division 3 of Part 2.21

Repeal the Division.

27  Subparagraph 1046(1)(b)(i)

Omit “, vocational training or voluntary work”, substitute “or vocational training”.

28  Subparagraph 1046(1)(b)(ii)

Omit “any 2 or more of”.

29  Sub-subparagraph 1046(1)(b)(ii)(C)

Repeal the sub-subparagraph.

30  Subparagraph 1046(2)(b)(iii)

Omit “Act; or”, substitute “Act.”.

31  Subparagraphs 1046(2)(b)(iv) to (vi)

Repeal the subparagraphs.

32  Subparagraph 1046(2B)(b)(iia)

Omit “Act; or”, substitute “Act.”.

33  Subparagraph 1046(2B)(b)(iii)

Repeal the subparagraph.

34  Subsection 1046(3)

Omit “12”, substitute “4”.

35  Subsection 1046(6) (definition of vocational rehabilitation program )

Repeal the definition.

36  Subsection 1046(6) (definition of voluntary work )

Repeal the definition.

37  Subsection 1061A(1) (note 1)

Omit “Division 3 of Part 2.21 deals with mobility allowance advance and”.

38  Subsection 1222(2) (table item 9)

Repeal the item.

39  Section 1224D

Repeal the section.

40  Section 1230B

Omit “1224D,”.

Social Security (Administration) Act 1999

41  Section 123TC (paragraph (u) of the definition of category I welfare payment )

Repeal the paragraph.

42  Section 123TC (paragraph (l) of the definition of category Q welfare payment )

Repeal the paragraph.

43  Subsection 124PD(1) (subparagraph (a)(xix) of the definition of restrictable payment )

Repeal the subparagraph.

44  Application and saving provisions

(1)       The amendments of sections 1035 and 1035A of the Social Security Act 1991 made by this Part apply in relation to a claim for a mobility allowance that is made on or after the commencement of this item (except a claim where qualification for a mobility allowance is worked out in respect of a day occurring before that commencement).

(2)       Subsection 1038(2) of the Social Security Act 1991 , as added by this Part, applies in relation to a person who ceases to be an NDIS participant on or after the commencement of this item.

(3)       The amendments of section 1039AA and of subsections 1046(1), (2) and (2B) of the Social Security Act 1991 made by this Part apply in relation to a person whose claim for a mobility allowance was granted on the basis of the person qualifying for a mobility allowance under section 1035 or 1035A of that Act (as amended by this Part).

(4)       The amendment of subsection 1046(3) of the Social Security Act 1991 made by this Part applies in relation to a person to whom section 1046 of that Act applies on or after the commencement of this item (whether the person’s claim for the mobility allowance was made before, on or after that commencement).

(5)       Despite the amendments made by this Part, sections 1044, 1044A and 1045 of the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a person who qualified for a mobility allowance advance under section 1045 of that Act before that commencement. However, the person cannot become qualified for a mobility allowance advance on or after that commencement.

(6)       Despite the amendments made by this Part, Chapter 5 of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of mobility allowance advance made before, on or after that commencement.

(7)       Despite the amendments made by this Part, Parts 3B and 3D of the Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment of mobility allowance advance made before, on or after that commencement.

Part 2 Cessation of mobility allowance

Farm Household Support Act 2014

45  Paragraph 94(g)

Repeal the paragraph.

Income Tax Assessment Act 1997

46  Section 52-10 (table item 18.1)

Repeal the item.

47  Section 52-40 (table item 18)

Repeal the item.

National Disability Insurance Scheme Legislation Amendment Act 2013

48  Item 17 of Schedule 2

Repeal the item.

Social Security Act 1991

49  Paragraph 7(6AA)(b)

Omit “mobility allowance,”.

50  Section 19

Repeal the section.

51  Subsection 23(1) (definition of gainful employment )

Repeal the definition.

52  Subsection 23(1) (paragraph (j) of the definition of newly arrived resident’s waiting period )

Repeal the paragraph.

53  Subsection 23(1) (definition of sheltered employment )

Repeal the definition.

54  Subsection 23(1) (definition of vocational training )

Repeal the definition, substitute:

vocational training includes training for a profession or occupation.

55  Subsection 23(1) (paragraph (n) of the definition of waiting period )

Repeal the paragraph.

56  Sections 32 and 33

Repeal the sections.

57  Part 2.21

Repeal the Part.

58  Subsection 1061ZK(7)

Repeal the subsection.

59  Section 1158

Omit “, a carer allowance or a mobility allowance”, substitute “or a carer allowance”.

60  Section 1190 (table items 57 and 58)

Repeal the items.

61  Subsection 1191(1) (table items 34 and 34A)

Repeal the items.

62  Section 1217 (table item 22)

Repeal the item.

Social Security (Administration) Act 1999

63  Subsection 15(5) (paragraph (b) of the definition of supplementary payment )

Omit “pension; or”, substitute “pension.”.

64  Subsection 15(5) (paragraph (i) of the definition of supplementary payment )

Repeal the paragraph.

65  At the end of subparagraph 63(3)(a)(vi)

Add “or”.

66  Subparagraph 63(3)(a)(vii)

Repeal the subparagraph.

67  Section 123TC (paragraph (h) of the definition of category I welfare payment )

Repeal the paragraph.

68  Section 123TC (paragraph (c) of the definition of category Q welfare payment )

Repeal the paragraph.

69  Subsection 124PD(1) (subparagraph (a)(xiii) of the definition of restrictable payment )

Repeal the subparagraph.

70  Subsection 240B(2)

Omit “1061ZK(7) or”.

71  Subclause 1(1) of Schedule 1 (paragraph (g) of the definition of social security periodic payment )

Repeal the paragraph.

72  Saving and transitional provisions

(1)       Despite the amendments made by this Part, subsection 7(6AA) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out whether a person has a qualifying residence exemption for a mobility allowance before that commencement.

(2)       Despite the amendments made by this Part, Part 2.21 of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out qualification for, or the rate of, a mobility allowance in respect of days occurring before that commencement.

(3)       If, immediately before the commencement of this item, the period a person continued to be qualified for a mobility allowance under section 1046 of the Social Security Act 1991 had not ended, then, despite that section, the person’s qualification for the mobility allowance is taken to end at the end of the day before that commencement.

(4)       Despite the amendments made by this Part, section 1158 of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to days occurring before that commencement.

(5)       Despite the amendments made by this Part, Chapter 5 of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of mobility allowance made before, on or after that commencement.

(6)       Despite the amendments made by this Part, Part 3 of the Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the following:

                     (a)  the making of claims for mobility allowance in respect of days occurring before that commencement;

                     (b)  making payments of mobility allowance in respect of days occurring before that commencement;

                     (c)  determinations made under that Part before, on or after that commencement in relation to mobility allowance.

(7)       Despite the amendments made by this Part, sections 63 and 64 of the Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a person claiming mobility allowance before, on or after that commencement.

(8)       Despite the amendments made by this Part, Parts 3B and 3D of the Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment of mobility allowance made before, on or after that commencement.

(9)       Despite the amendments made by this Part, Parts 4 and 4A of the Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a decision under the social security law, in relation to mobility allowance, made before, on or after that commencement.

(10)     Despite the amendments made by this Part, item 18.1 of the table in section 52-10 of the Income Tax Assessment Act 1997 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of mobility allowance made before, on or after that commencement.