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Schedule 2—Cessation of widow B pension

Schedule 2 Cessation of widow B pension

   

Income Tax Assessment Act 1936

1  Paragraph 202EA(5)(f)

Repeal the paragraph.

2  Subparagraph 202EB(5)(a)(vi)

Repeal the subparagraph.

Income Tax Assessment Act 1997

3  Section 52-10 (table items 29.1 and 33.1)

Repeal the items.

4  Section 52-15 (table item 1)

Omit:

Special needs widow B pension

5  Section 52-15 (table item 1)

Omit:

Widow B pension

6  Section 52-40 (table items 29 and 33)

Repeal the items.

Social Security Act 1991

7  Paragraph 7(4)(b)

Omit “and”.

8  Paragraph 7(4)(e)

Repeal the paragraph.

9  Subsection 12C(5) (paragraph (b) of the definition of couple’s assets deeming provisions )

Repeal the paragraph.

10  Subsection 19D(5) (paragraph (c) of the definition of maximum payment rate )

Repeal the paragraph.

11  Subsection 23(1) (paragraph (f) of the definition of social security entitlement )

Repeal the paragraph.

12  Subsection 23(1) (paragraph (g) of the definition of social security pension )

Repeal the paragraph.

13  Subsection 23(1) (paragraph (h) of the definition of special employment advance qualifying entitlement )

Repeal the paragraph.

14  At the end of section 43

Add:

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

                     (a)  the woman was receiving a special needs widow B pension under Part 2.16 immediately before 20 March 2020; and

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

15  Part 2.8

Repeal the Part.

16  Division 3 of Part 2.13A

Repeal the Division.

17  Section 771PA

Omit “, a special needs disability pension or a special needs widow B pension”, substitute “or special needs disability pension”.

18  Sections 778A and 778

Repeal the sections.

19  Paragraph 796(1)(c)

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

20  Paragraph 796(1)(e)

Repeal the paragraph.

21  Subsection 796(4)

Omit “or widow B”.

22  Point 796-B8

Repeal the point.

23  Subsection 1061A(3) (heading)

Omit “ and widow B ”.

24  Subsection 1061A(3)

Omit “, carer payment or widow B pension”, substitute “or carer payment”.

25  Section 1061ECA (heading)

Omit “ and widow B ”.

26  Paragraph 1061ECA(1)(d)

Omit “payment;”, substitute “payment.”.

27  Paragraph 1061ECA(1)(e)

Repeal the paragraph.

28  Subsection 1061JU(4) (paragraph (c) of the definition of maximum basic rate )

Repeal the paragraph.

29  Subparagraph 1061PE(4)(e)(i)

Repeal the subparagraph.

30  Paragraph 1061PJ(2)(e)

Repeal the paragraph.

31  Subparagraph 1061T(1)(a)(ii)

Omit “, a widow B pension”.

32  Part 3.4

Repeal the Part.

33  Section 1067G (table item 18 in Module L of the Youth Allowance Rate Calculator)

Repeal the item.

34  Paragraph 1070(b)

Repeal the paragraph.

35  Paragraph 1070A(b)

Omit “, C”.

36  Section 1070E (heading)

Repeal the heading, substitute:

1070E   Specific requirement (certain parenting payments)

37  Paragraph 1070E(a)

Omit “Pension Rate Calculator C or”.

38  Section 1070M (heading)

Repeal the heading, substitute:

1070M   Rate for certain parenting payments

39  Subsection 1070M(1)

Omit “Pension Rate Calculator C or”.

40  Subsection 1070T(1)

Omit “Pension Rate Calculator C or”.

41  Paragraph 1073AA(1)(a)

Omit “or Pension Rate Calculator C at the end of section 1066”.

42  Subsections 1073AA(6) and (8)

Omit “or point 1066-E2 (whichever is relevant)”.

43  Paragraph 1130(8)(b)

Omit “sections 1064 and 1066”, substitute “section 1064”.

44  Subparagraph 1133(1)(a)(v)

Repeal the subparagraph.

45  Subparagraph 1187(1)(a)(va)

Repeal the subparagraph.

46  Subparagraph 1188C(1)(a)(vii)

Repeal the subparagraph.

47  Subsection 1188C(5) (table item 10)

Repeal the item.

48  Subparagraph 1188D(2)(a)(vii)

Repeal the subparagraph.

49  Subparagraph 1188F(2)(b)(vii)

Repeal the subparagraph.

50  Section 1190 (table item 1AAA)

Omit “[Pension Rate Calculator C—point 1066-B1—the annual rate]”.

51  Section 1190 (table item 20)

Omit “[Pension Rate Calculator C—point 1066-E4—Table E—column 1]”.

52  Section 1190 (table item 24)

Omit “[Pension Rate Calculator C—point 1066-G3—Table G—column 3A—item 1]”.

53  Section 1190 (table item 25)

Omit “[Pension Rate Calculator C—point 1066-G3—Table G—column 3B—item 1]”.

54  Section 1190 (table item 26)

Omit “[Pension Rate Calculator C—point 1066-G3—Table G—column 3A—items 2 and 3]”.

55  Section 1190 (table item 27)

Omit “[Pension Rate Calculator C—point 1066-G3—Table G—column 3B—items 2 and 3]”.

56  Subsection 1210(4) (table item 2)

Repeal the item.

57  Section 1212 (definition of entitled person )

Repeal the definition.

58  Section 1217 (table items 8 and 9)

Repeal the items.

59  Paragraph 1218(1)(b)

Omit “widow B pension,”.

60  Subsection 1218(2)

Omit “widow B pension,”.

61  Section 1220A

Before “A”, insert “(1)”.

62  At the end of section 1220A

Add:

             (2)  Subsection (1) does not apply to a woman if, immediately before 20 March 2020, subsection 1221(1) did not apply to the woman because of subsection 1221(2).

             (3)  Subsection (1) does not apply to a woman if, immediately before 20 March 2020, subsection 796(2) did not apply to the woman because of subsection 796(4).

             (4)  Subsection (1) does not apply to a woman if:

                     (a)  immediately before 20 March 2020, the woman was receiving a widow B pension mentioned in subclause 128A(2) of Schedule 1A; and

                     (b)  immediately before 20 March 2020, subclause 128A(5) of Schedule 1A applied to the woman in relation to that pension.

63  Section 1221

Repeal the section (not including the Pension Portability Rate Calculator), substitute:

1221   Pension Portability Rate Calculator

                   This section sets out the Pension Portability Rate Calculator for the purposes of this Part.

64  Section 1221 (at the end of Module A of the Pension Portability Rate Calculator)

Add:

Former recipients of widow B pension

   1221-A3  If:

                     (a)  immediately before 20 March 2020, a woman was receiving a widow B pension under Part 2.8; and

                     (b)  the woman had become qualified for the widow B pension because of the woman’s partner’s death; and

                     (c)  on a day on or after 20 March 2020, the woman’s rate of age pension is worked out as mentioned in section 1220A; and

                     (d)  on that day, that partner’s period of Australian working life residence (immediately before that partner’s death) exceeds the woman’s period of Australian working life residence on that day; and

                     (e)  on that day, the woman is not a member of a couple;

then, for the purposes of working out that rate of age pension, the woman’s period of Australian working life residence is taken to be equal to that partner’s period of Australian working life residence (immediately before that partner’s death).

65  Subparagraph 1228B(1)(b)(iv)

Repeal the subparagraph.

66  Subclause 128A(2) of Schedule 1A

Repeal the subclause, substitute:

             (2)  This subclause applies to a person if:

                     (a)  the person has become qualified to receive a disability support pension because of the 1986 Agreement; and

                     (b)  the person became qualified to receive the pension because he or she became unable to work or became permanently blind, as the case may be, while he or she was in Australia or was temporarily absent from Australia.

67  Subclause 128A(5) of Schedule 1A

Omit “or widow B pension”.

68  Subparagraph 146(1)(a)(vi) of Schedule 1A

Repeal the subparagraph.

69  Subclause 146(2) of Schedule 1A

Omit “, 1065-A1 or 1066-A1”, substitute “or 1065-A1”.

70  Subclause 146(3) of Schedule 1A (note)

Omit “whichever of points 1064-A1 and 1066-A1 is relevant”, substitute “point 1064-A1”.

71  Subclause 146(4) of Schedule 1A (note 1)

Omit “points 1064-A1 and 1066-A1”, substitute “point 1064-A1”.

Social Security (Administration) Act 1999

72  Paragraph 52(1)(i)

Repeal the paragraph.

73  Paragraphs 66(1)(h) and (k)

Repeal the paragraphs.

74  Subsection 124PD(1) (subparagraph (b)(v) of the definition of trigger payment )

Repeal the subparagraph.

75  Subclause 1(1) of Schedule 1 (paragraph (f) of the definition of social security bereavement payment )

Repeal the paragraph.

Social Security (International Agreements) Act 1999

76  Section 21 (heading)

Omit “ or widow B pension ”.

77  Paragraph 21(a)

Omit “or widow B pension”.

Veterans’ Entitlements Act 1986

78  Subsection 5F(1) (paragraph (g) of the definition of child )

Repeal the paragraph.

79  Subsection 118ND(4) (paragraph (f) of the definition of bereavement payment provisions )

Repeal the paragraph.

80  Subsection 118NE(2) (paragraph (c) of the definition of remote area allowance provisions )

Repeal the paragraph.

81  Subparagraph 30(1)(a)(ii) of Schedule 5

Omit “, widow B pension”.

82  Saving and transitional provisions—widow B pension and special needs widow B pension

Widow B pension

(1)       Despite the amendments made by this Schedule, Parts 2.8 and 3.4 of, and clauses 128A and 146 of Schedule 1A to, 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 B pension in respect of days occurring before that commencement.

Note:       Clause 128 of Schedule 1A to the Social Security Act 1991 may also apply to working out the rate of widow B pension in respect of days occurring before that commencement.

(2)       If before the commencement of this item:

                     (a)  a person receiving widow B pension died; and

                     (b)  in relation to that death, an amount had not been paid to a person under section 407 of the Social Security Act 1991 ;

then that section, as in force immediately before that commencement, continues to apply on and after that commencement in relation to that death as if the amendments made by this Schedule had not been made.

(3)       No payment of widow B pension 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.

Special needs widow B pension

(4)       Despite the amendments made by this Schedule, Part 2.16 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, special needs widow B pension in respect of days occurring before that commencement.

(5)       If before the commencement of this item:

                     (a)  a person receiving special needs widow B pension died; and

                     (b)  in relation to that death, an amount had not been paid to a person under section 830 of the Social Security Act 1991 ;

then that section, as in force immediately before that commencement, continues to apply on and after that commencement in relation to that death as if the amendments made by this Schedule had not been made.

(6)       Subject to subitem (5), no payment of special needs widow B pension is to be made in accordance with Part 2.16 of the Social Security Act 1991 on or after the commencement of this item in relation to a day on or after that commencement.

83  Saving provision— Income Tax Assessment Act 1936

Despite the amendments made by this Schedule, paragraph 202EA(5)(f) and subparagraph 202EB(5)(a)(vi) of the Income Tax Assessment Act 1936 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a person receiving widow B pension under Part 2.8 of the Social Security Act 1991 before, on or after that commencement.

84  Saving provision— Income Tax Assessment Act 1997

Despite the amendments made by this Schedule, items 29.1 and 33.1 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 B pension under Part 2.8, or special needs widow B pension under Part 2.16, of the Social Security Act 1991 before, on or after that commencement.

85  Saving provisions—definitions

(1)       Despite the amendments made by this Schedule, subsection 7(4) 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 was an Australian resident for the purposes of Part 2.8 of that Act in relation to days before that commencement.

(2)       Despite the amendments made by this Schedule, section 12C 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 value of a person’s assets for the purposes of Part 2.8 of that Act in relation to days before that commencement.

(3)       Despite the amendments made by this Schedule, section 19D 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 was in severe financial hardship in relation to days before that commencement.

86  Saving provisions—qualification for payments

(1)       Despite the amendments made by this Schedule, Division 3 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 Schedule, subparagraph 1061PE(4)(e)(i) and paragraph 1061PJ(2)(e) 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.

(3)       Despite the amendments made by this Schedule, 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 that commencement.

87  Saving provisions—rates of payments

(1)       Despite the amendments made by this Schedule, 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 Schedule, table item 18 in Module L of the Youth Allowance Rate Calculator in section 1067G 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)  working out if a person is a family member in relation to another person for the purposes of Part 2.11 of that Act and that Rate Calculator in relation to days before that commencement; or

                     (b)  working out if a person is exempt from the parental income test for the purposes of that Rate Calculator in relation to days before that commencement.

(3)       Despite the amendments made by this Schedule, paragraph 1070(b) 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 B pension for days occurring before that commencement.

88  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 B pension 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 Schedule, 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 B pension 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 B pension 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 Schedule, 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 B pension.

89  Saving and transitional provisions—pension loans scheme

(1)       If, before the commencement of this item a person had made a request under section 1136 of the Social Security Act 1991 in relation to widow B pension but the request had not been decided before that commencement, then the request is taken to have been refused.

(2)       Despite the amendments made by this Schedule, Division 4 of Part 3.12 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 B pension made before, on or after that commencement.

90  Saving provisions—other Social Security Act 1991 provisions

(1)       Despite the amendments made by this Schedule, subparagraph 1187(1)(a)(va) 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 B pension payable to a person in respect of days occurring before that commencement.

(2)       Despite the amendments made by this Schedule, 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 B pension, or to a person to whom widow B pension was payable, in respect of days occurring before that commencement.

(3)       Despite the amendments made by this Schedule, 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 B pension, or special needs widow B pension, made before, on or after that commencement.

91  Saving provisions— Social Security (Administration) Act 1999

(1)       Despite the amendments made by this Schedule, 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 B pension, or special needs widow B pension, 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 B pension or special needs widow B pension.

(2)       Despite the amendments made by this Schedule, 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 B pension or special needs widow B pension, or of a social security bereavement payment in relation to widow B pension or special needs widow B pension, made before, on or after that commencement.

(3)       Despite the amendments made by this Schedule, 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 B pension or special needs widow B pension, made before, on or after that commencement.

92  Saving provision— Social Security (International Agreements) Act 1999

Despite the amendments made by this Schedule, section 21 of the Social Security (International Agreements) Act 1999 , 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 widow B pension in respect of days occurring before that commencement.

93  Saving provisions— Veterans’ Entitlements Act 1986

(1)       Despite the amendments made by this Schedule, sections 118ND and 118NE of the Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out the rate of widow B pension, or special needs widow B pension, in respect of days occurring before, on or after that commencement.

(2)       Despite the amendments made by this Schedule, clause 30 of Schedule 5 to the Veterans’ Entitlements Act 1986 , 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 service pension or income support supplement in respect of days occurring before that commencement.