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Schedule 6—Cessation of widow allowance

Schedule 6 Cessation of widow allowance

Part 1 Amendments closing claims for widow allowance

Social Security Act 1991

1  Section 408AA

Before “A”, insert “(1)”.

2  At the end of section 408AA

Add:

             (2)  Despite anything else in this Part, widow allowance must not be granted to a woman unless:

                     (a)  the woman’s claim for the allowance is made before the commencement of this subsection; and

                     (b)  the woman is qualified for the allowance before the commencement of this subsection.

Note:          A woman’s claim for widow allowance may be taken to have been made before the commencement of this subsection in accordance with section 12 or 15 of the Administration Act.

             (3)  This section does not apply in relation to a determination by the Secretary under section 85 of the Administration Act.

3  At the end of Subdivision B of Division 1 of Part 2.12

Add:

603AC   Relief from activity test—cessation of claims for widow allowance

             (1)  A woman is not required to satisfy the activity test for a period (the relevant period ) if the following apply:

                     (a)  she made the claim for newstart allowance on or after the commencement of this section;

                     (b)  she was born on or before 1 July 1955;

                     (c)  she ceased to be a member of a couple after turning 40;

                     (d)  she satisfies the Secretary that she has no recent workforce experience on the day she made the claim for newstart allowance;

                     (e)  the woman is not a member of a couple throughout the relevant period.

             (2)  For the purposes of paragraph (1)(d), recent workforce experience is employment of 20 hours or more a week for a total of 13 weeks or more at any time during the 12 months immediately before the day the woman made the claim for newstart allowance.

4  Subsection 605(2C)

Omit “or 602C”, substitute “, 602C or 603AC”.

Part 2 Amendments commencing 1 January 2022

Income Tax Assessment Act 1936

5  Subsection 160AAA(1) (paragraph (a) of the definition of rebatable benefit )

Omit “2.8A,”.

Income Tax Assessment Act 1997

6  Section 52-10 (table item 32.1)

Repeal the item.

7  Section 52-15 (table item 3)

Omit:

Widow allowance

8  Section 52-40 (table item 32)

Repeal the item.

Social Security Act 1991

9  Paragraph 16A(3)(b)

Omit “widow allowance,”.

10  Paragraph 19C(2)(b)

Repeal the paragraph.

11  Paragraph 19C(8)(d)

Omit “widow allowance,”.

12  Subsection 19D(5) (subparagraph (f)(ii) of the definition of maximum payment rate )

Repeal the subparagraph.

13  Subsection 23(1) (paragraph (aa) of the definition of social security benefit )

Repeal the paragraph.

14  Subsection 23(1) (paragraph (g) of the definition of social security entitlement )

Repeal the paragraph.

15  Subsection 23(1) (paragraph (i) of the definition of special employment advance qualifying entitlement )

Repeal the paragraph.

16  Before subsection 43(3)

Insert:

          (1C)  A woman is qualified for an age pension if:

                     (a)  the woman was receiving widow allowance immediately before 1 January 2022; and

                     (b)  the woman is not otherwise qualified for an age pension.

17  Part 2.8A

Repeal the Part.

18  Section 603AC

Repeal the section.

19  Subsection 605(2C)

Omit “, 602D or 603AC”, substitute “or 602D”.

20  Division 8 of Part 2.13A

Repeal the Division.

21  Section 1047 (paragraph (f) of the definition of designated social security payment )

Repeal the paragraph.

22  Subsection 1061EE(1)

Omit “widow allowance,”.

23  Subsection 1061EE(3) (heading)

Omit “ widow allowance and ”.

24  Subsection 1061EE(3)

Omit “widow allowance or”.

25  Subsection 1061EE(6) (paragraph (b) of the definition of fortnightly payment rate )

Omit “widow allowance,”.

26  Subsection 1061EE(6) (example at the end of the definition of fortnightly payment rate )

Repeal the example.

27  Subsection 1061EN(2)

Omit “408CG,”.

28  Subsection 1061EX(7)

Omit “408CG,”.

29  Subsection 1061JU(4) (subparagraph (f)(ii) of the definition of maximum basic rate )

Repeal the subparagraph.

30  Subparagraph 1061PE(4)(e)(iii)

Repeal the subparagraph.

31  Paragraph 1061PJ(2)(f)

Repeal the paragraph.

32  Paragraph 1061Q(3)(a)

Omit “widow allowance,”.

33  Subparagraph 1061Q(3F)(a)(ii)

Repeal the subparagraph.

34  Subparagraph 1061T(1)(a)(ii)

Omit “a widow allowance,”.

35  Subparagraph 1061ZA(2)(b)(iii)

Repeal the subparagraph.

36  Paragraph 1061ZK(5)(e)

Repeal the paragraph.

37  Paragraph 1061ZM(1C)(b)

Omit “, widow allowance,”.

38  Subsection 1061ZM(3) (subparagraph (a)(v) of the definition of employment-affected person )

Repeal the subparagraph.

39  Section 1068 (heading)

Omit “ widow allowance, ”.

40  Paragraph 1068(1)(ca)

Omit “or”.

41  Paragraph 1068(1)(d)

Repeal the paragraph.

42  Subsection 1068(3) (note 1)

Omit “408CF,”.

43  Point 1068-B1

Omit “408CG,”.

44  Point 1068-B1 (table item 4A, column 2)

Omit “or widow allowance”.

45  Point 1068-B1 (table item 4B, column 2)

Omit “or widow allowance”.

46  Subparagraph 1068-D1(c)(ii)

Omit “widow allowance,”.

47  Paragraph 1070(e)

Omit “and widow allowance”.

48  Section 1070H (heading)

Omit “ or widow allowance ”.

49  Section 1070Q (heading)

Omit “ and widow allowance ”.

50  Paragraph 1073(2)(d)

Repeal the paragraph.

51  Subparagraph 1187(1A)(a)(ia)

Repeal the subparagraph.

52  Subparagraph 1188C(3)(a)(i)

Repeal the subparagraph.

53  Subsection 1188C(5) (table items 23 to 25)

Repeal the items.

54  Subparagraph 1188F(2)(a)(i)

Repeal the subparagraph.

55  Section 1190 (table item 28, column 4)

Omit “[subsection 408CE(2)—Table—column 3—item 1]”.

56  Section 1190 (table item 29, column 4)

Omit “[subsection 408CE(2)—Table—column 3—item 2]”.

57  Section 1217 (table item 10)

Repeal the item.

58  Paragraph 1218(1)(b)

Omit “widow allowance,”.

59  Subsection 1218(2)

Omit “widow allowance,”.

Social Security (Administration) Act 1999

60  Paragraph 37(4)(f)

Repeal the paragraph.

61  Paragraph 66(1)(j)

Repeal the paragraph.

62  Subsection 106B(4) (subparagraph (a)(i) of the definition of listed automatic issue health care card )

Repeal the subparagraph.

63  Saving and transitional provisions—widow allowance

(1)       Despite the amendments made by this Part, Parts 2.8A and 3.6 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 working out qualification for, or the rate of, widow allowance in respect of days occurring before that commencement.

(2)       No payment of widow allowance is to be made in accordance with Part 4.2 of the Social Security Act 1991 on or after the commencement of this item in relation to a day on or after that commencement.

64  Saving provision— Income Tax Assessment Act 1936

Despite the amendments made by this Part, section 160AAA of the Income Tax Assessment Act 1936 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of widow allowance under Part 2.8A of the Social Security Act 1991 before, on or after that commencement.

65  Saving provision— Income Tax Assessment Act 1997

Despite the amendments made by this Part, item 32.1 of the table in section 52-10 and section 52-15 of the Income Tax Assessment Act 1997 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment of widow allowance under Part 2.8A of the Social Security Act 1991 before, on or after that commencement.

66  Saving provision—definitions

Despite the amendments made by this Part, sections 19C and 19D 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 working out whether a person was in severe financial hardship in relation to days before that commencement.

67  Saving provisions—qualification for payments

(1)       Despite the amendments made by this Part, Division 8 of Part 2.13A 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 an education entry payment before that commencement.

(2)       Despite the amendments made by this Part, Part 2.21A 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 fortnight beginning before that commencement.

(3)       Despite the amendments made by this Part, subparagraph 1061PE(4)(e)(iii) and paragraph 1061PJ(2)(f) 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 working out qualification for a pensioner education supplement in relation to days before that commencement.

(4)       Despite the amendments made by this Part, subsections 1061Q(3) and (3F) 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 working out qualification for a telephone allowance before, on or after that commencement.

(5)       Despite the amendments made by this Part, subparagraph 1061T(1)(a)(ii) 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 utilities allowance in relation to days before, on or after that commencement.

68  Saving provisions—rates of payments

(1)       Despite the amendments made by this Part, section 1061JU 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 the amount of a crisis payment in relation to days before that commencement.

(2)       Despite the amendments made by this Part, paragraph 1070(e) 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 the rate of rent assistance in relation to widow allowance for days occurring before that commencement.

69  Saving provisions—concession cards

(1)       Despite the amendments made by this Part, subparagraph 1061ZA(2)(b)(iii) 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 a pensioner concession card in relation to days before that commencement.

(2)       Despite the amendments made by this Part, paragraph 1061ZK(5)(e) 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 a health care card in relation to days before that commencement.

(3)       Despite the amendments made by this Part, section 1061ZM 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 a health care card in relation to a person who ceased to receive widow allowance before that commencement.

70  Saving and transitional provisions—advances

(1)       If, before the commencement of this item a person had made an application under Division 2 of Part 2.22 of the Social Security Act 1991 for an advance payment of a widow allowance but the application had not been decided before that commencement, then the application is taken to have been refused.

(2)       Despite the amendments made by this Part, Division 7 of Part 2.22 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 an advance payment, or an instalment of an advance payment, of widow allowance paid before that commencement.

(3)       If, before the commencement of this item a person had made a claim for a special employment advance under Part 2.22A of the Social Security Act 1991 on the basis of being qualified for widow allowance but the claim had not been decided before that commencement, then the claim is taken to have been refused.

(4)       Despite the amendments made by this Part, Division 7 of Part 2.22A 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 special employment advance, or an instalment of a special employment advance, paid before that commencement in respect of widow allowance.

71  Saving provisions—other Social Security Act 1991 provisions

(1)       Despite the amendments made by this Part, section 1073 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 person who claimed widow allowance before that commencement and to an amount the person received before that commencement.

(2)       Despite the amendments made by this Part, subparagraph 1187(1A)(a)(ia) 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 widow allowance payable to a person in respect of days occurring before that commencement.

(3)       Despite the amendments made by this Part, Divisions 2 and 3 of Part 3.15A 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 qualified for widow allowance, or to a person to whom widow allowance was payable, in respect of days occurring before that commencement.

(4)       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 widow allowance made before, on or after that commencement.

72  Saving provisions— Social Security (Administration) Act 1999

(1)       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)  making a payment of widow allowance in respect of days occurring before that commencement;

                     (b)  a determination or requirement made under that Part before that commencement, or the making of a determination or requirement under that Part on or after that commencement, in relation to widow allowance.

(2)       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 widow allowance made before, on or after that commencement.

(3)       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 widow allowance, made before, on or after that commencement.

(4)       The amendments made by this Part do not affect the validity of a cancellation under subsection 106B(1) of the Social Security (Administration) Act 1999 before the commencement of this item.