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Schedule 7—Cessation of partner allowance

Schedule 7 Cessation of partner allowance

   

Income Tax Assessment Act 1936

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

Omit “2.15A,”.

Income Tax Assessment Act 1997

2  Section 52-10 (table item 22.1)

Repeal the item.

3  Section 52-15 (table item 3)

Omit:

Partner allowance

4  Subsection 52-25(3) (example)

Omit “partner allowance”, substitute “jobseeker payment”.

5  Subsection 52-30(1) (table)

Omit:

Partner allowance

6  Section 52-40 (table item 22)

Repeal the item.

Social Security Act 1991

7  Subsection 4(6A) (table item 11)

Repeal the item.

8  Subsection 7(6)

Omit “, special benefit or partner allowance”, substitute “or special benefit”.

9  Paragraph 7(6AA)(b)

Omit “partner allowance,”.

10  Paragraph 16A(4)(b)

Omit “partner allowance,”.

11  Paragraph 19C(3)(b)

Repeal the paragraph.

12  Paragraph 19C(8)(d)

Omit “partner allowance and”.

13  Subsection 19D(5) (subparagraph (f)(iv) of the definition of maximum payment rate )

Repeal the subparagraph.

14  Subsection 21(1) (definition of partner bereavement payment )

Omit “, 771NW”.

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

Repeal the paragraph.

16  Subsection 23(1) (paragraph (e) of the definition of social security benefit )

Repeal the paragraph.

17  Subsection 23(1) (paragraph (kb) of the definition of waiting period )

Repeal the paragraph.

18  Paragraph 38B(6)(c)

Omit “, 615(1) or 771HF(1)”, substitute “or 615(1)”.

19  Paragraph 620(1)(fa)

Repeal the paragraph.

20  Division 11 of Part 2.13A

Repeal the Division.

21  Part 2.15A

Repeal the Part.

22  Section 1047 (paragraph (e) of the definition of designated social security payment )

Repeal the paragraph.

23  Subsection 1061EN(2)

Omit “, 660YCH and 771HK”, substitute “and 660YCH”.

24  Subsection 1061EX(7)

Omit “, 660YCH and 771HK”, substitute “and 660YCH”.

25  Subsection 1061JU(4) (subparagraph (f)(iv) of the definition of maximum basic rate )

Repeal the subparagraph.

26  Paragraph 1061Q(3)(a)

Omit “partner allowance,”.

27  Paragraph 1061Q(3A)(a)

Omit “partner allowance or”.

28  Subparagraph 1061Q(3F)(a)(iii)

Repeal the subparagraph.

29  Paragraph 1061Q(3G)(a)

Omit “partner allowance or”.

30  Subparagraph 1061Q(3G)(d)(ii)

Omit “partner allowance or”.

31  Subsection 1061Q(3H)

Omit “partner allowance or”.

32  Subparagraph 1061T(1)(a)(ii)

Omit “a partner allowance,”.

33  Subparagraph 1061ZA(2)(b)(ii)

Repeal the subparagraph.

34  Paragraph 1061ZK(5)(d)

Repeal the paragraph.

35  Paragraph 1061ZM(1C)(b)

Omit “partner allowance”.

36  Subsection 1061ZM(3) (at the end of subparagraph (a)(iv) of the definition of employment-affected person )

Add “or”.

37  Subsection 1061ZM(3) (subparagraph (a)(vi) of the definition of employment-affected person )

Repeal the subparagraph.

38  Section 1068 (heading)

Omit “ , partner allowance, ”.

39  Paragraph 1068(1)(c)

Repeal the paragraph.

40  Subsection 1068(3) (note 1)

Omit “, 660YCF and 771HI”, substitute “and 660YCF”.

41  Point 1068-B1

Omit “, 660YCH and 771HK”, substitute “and 660YCH”.

42  Subparagraph 1068-D1(c)(ii)

Omit “or partner allowance”.

43  Subparagraph 1068-D1(c)(ii)

Omit “1068-D2A,”.

44  Point 1068-D2A

Repeal the point.

45  Paragraph 1070(e)

Omit “, jobseeker payment and partner”, substitute “and jobseeker payment”.

46  Section 1070H (heading)

Omit “ , jobseeker payment, partner allowance ”, substitute “ or jobseeker payment ”.

47  Section 1070Q (heading)

Omit “ , jobseeker payment, partner allowance ”, substitute “ and jobseeker payment ”.

48  Paragraph 1073(2)(e)

Repeal the paragraph.

49  Subsection 1161(5)

Repeal the subsection.

50  Subsection 1185(5) (definition of dependency-based payment )

Repeal the definition, substitute:

dependency-based payment means mature age partner allowance.

51  Subparagraph 1187(1A)(a)(iva)

Repeal the subparagraph.

52  Subparagraph 1188C(3)(a)(v)

Repeal the subparagraph.

53  Subsection 1188C(5) (table item 28)

Repeal the item.

54  Subparagraph 1188F(2)(a)(vi)

Repeal the subparagraph.

55  Section 1190 (table item 32, column 4)

Omit “[subsection 771HF(2)—Table—column 3—item 1]”.

56  Section 1190 (table item 33, column 4)

Omit “[subsection 771HF(2)—Table—column 3—item 2]”.

57  Section 1217 (table item 20)

Repeal the item.

58  Paragraph 1218(1)(b)

Omit “, austudy payment or partner allowance”, substitute “or austudy payment”.

59  Subsection 1218(2)

Omit “, austudy payment or partner allowance”, substitute “or austudy payment”.

60  Paragraph 1223AA(1)(a)

Omit “(other than partner allowance)”.

61  Subsection 1223AA(1AA)

Repeal the subsection.

62  Subsection 1223AA(1A)

Omit “or (1AA)”.

63  Paragraph 1223AA(1B)(c)

Omit “or (1AA)”.

Social Security (Administration) Act 1999

64  Paragraph 37(4)(e)

Repeal the paragraph.

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

Repeal the subparagraph.

66  Subclause 1(1) of Schedule 1 (paragraph (n) of the definition of social security bereavement payment )

Repeal the paragraph.

Veterans’ Entitlements Act 1986

67  Subsection 118ND(4) (paragraph (n) of the definition of bereavement payment provisions )

Repeal the paragraph.

68  Saving and transitional provisions—partner allowance

(1)       Despite the amendments made by this Schedule, Parts 2.15A 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, partner allowance in respect of days occurring before that commencement.

(2)       If before the commencement of this item:

                     (a)  a person was receiving partner allowance; and

                     (b)  the person’s partner died;

then Division 9 of Part 2.15A of the Social Security Act 1991 , as in force immediately before that commencement, continues to apply on and after that commencement in relation to the person as if the amendments made by this Schedule had not been made.

(3)       No payment of partner 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.

(4)       A person is not qualified for an age pension under Part 2.2 of the Social Security Act 1991 in respect of a day on or after the commencement of this item if the person receives partner allowance in respect of that day.

69  Saving provision— Income Tax Assessment Act 1936

Despite the amendments made by this Schedule, 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 partner allowance under Part 2.15A of the Social Security Act 1991 before, on or after that commencement.

70  Saving provision— Income Tax Assessment Act 1997

Despite the amendments made by this Schedule, item 22.1 of the table in section 52-10 and sections 52-15 and 52-30 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 partner allowance under Part 2.15A of the Social Security Act 1991 before, on or after that commencement.

71  Saving provisions—definitions

(1)       Despite the amendments made by this Schedule, subsections 7(6) and (6AA) 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 has a qualifying residence exemption for partner allowance in relation to days before that commencement.

(2)       Despite the amendments made by this Schedule, 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.

72  Saving provisions—qualification for payments

(1)       Despite the amendments made by this Schedule, Division 11 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, 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 Schedule, subsections 1061Q(3), (3A) and (3F) to (3H) 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.

(4)       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.

73  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, 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 partner allowance for days in respect of which partner allowance is payable to a person.

74  Saving provisions—concession cards

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

(2)       Despite the amendments made by this Schedule, paragraph 1061ZK(5)(d) 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, on or after that commencement.

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

75  Saving and transitional provisions—other Social Security Act 1991 provisions

(1)       Despite the amendments made by this Schedule, paragraph 38B(6)(c) 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 is taken to have received an income support payment in respect of a period before that commencement.

(2)       Despite the amendments made by this Schedule, paragraph 620(1)(fa) 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 if a person is subject to an ordinary waiting period at a time before, on or that commencement.

(3)       The Social Security Act 1991 applies on and after the commencement of this item as if a payment made under section 771NW of that Act before, on or after that commencement were a partner bereavement payment.

(4)       Despite the amendments made by this Schedule, 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 partner allowance before that commencement and to an amount the person received before that commencement.

(5)       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 partner allowance, or to a person to whom partner allowance was payable, in respect of days occurring before that commencement.

(6)       Despite the amendments made by this Schedule, Part 3.14 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 payments of partner allowance before, on or after that commencement.

(7)       Despite the amendments made by this Schedule, subparagraph 1187(1A)(a)(iva) 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 partner allowance payable to a person in respect of days occurring before, on or after that commencement.

(8)       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 partner allowance made before, on or after that commencement.

76  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 partner allowance in respect of days for which partner allowance is payable to a person;

                     (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 partner allowance.

(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 partner allowance, or of a social security bereavement payment in relation to partner allowance, 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 partner allowance, made before, on or after that commencement.

(4)       The amendments made by this Schedule 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.

77  Saving provision— Veterans’ Entitlements Act 1986

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 partner allowance in respect of days occurring before, on or after that commencement.