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Youth Allowance Consolidation Bill 1999
Bills Digest No. 118 1998-99
This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.
Youth Allowance Consolidation Bill 1999
Commencement: Schedule 1 concerning Fares Allowance, Schedule 2 concerning the Student Financial Supplement Scheme and Schedule 3 concerning the Family Actual Means Test will take effect from Royal Assent. The various parts of Schedules 4 and 5 concerning Youth Allowance, Austudy and the Student Financial Supplement Scheme take effect from Royal Assent, 1 July 1998, 20 September 1998, 1 January 1999, 1 July 1999 or 1 July 2000. The Explanatory Memorandum gives the details.
To address technical issues arising out of the implementation of the youth allowance package and to make consequential amendments relating to the commencement of youth allowance.
The Youth Allowance was introduced from July 1998. It merged all income support for young unemployed people under the age of 21 years and full-time students between the ages of 16 and 24 years, into one payment administered by the Department of Social Security (DSS) now called the Department of Family and Community Services (FACS). The only exceptions were Abstudy and the Assistance for Isolated Children Scheme(1).
This process involved the transfer from the Department of Employment Education, Training and Youth Affairs (DEETYA) of responsibility for student income support. Two amendin g acts set up the new payment: the Social Security Legislation Amendment (Youth Allowance) Act 1998 and the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 . Two disallowable instruments and one set of regulations were created to preserve existing provisions while transferring them to the new legislative system.
The Second Reading Speech gives no reasons for the incorporation of the subordinate legislation into the main act, beyond saying that they were always intended to be incorporated and were only a temporary expedient due to the time constraints imposed by the implementation schedule for the Youth Allowance Package. However the legislative practises of the two departments involved in the administration of youth income support prior to their merger as the Youth Allowance had been somewhat different. DEETYA used subordinate legislation extensively to flesh out the bones of their main acts. DSS on the other hand tended concentrate the detail in the main Act. This tendency was reinforced when the Social Security Act was rewritten in 1991 as a plain English act. This rewrite produced one large and comprehensive document, which was more user friendly than its' predecessor. It was a single source for practically all legislation on social security payments. Extensive use of subordinate legislation would be out of place in this long standing legislative arrangement. This bill completes the transition, for student income support legislation, from the DEETYA legislative practise to the DSS legislative practise.
As part of the incorporation process, some changes are being made to drafting style and structure in keeping with the practise in the rest of the Social Security Act. Certain technical changes are also being made to more accurately reflect the original Aus tudy provisions which the subordinate legislation replaced. These changes do not appear to disadvantage anyone.
The Bill also deals with technical issues arising out of the implementation of the youth allowance package and makes consequential amendments relating to the commencement of youth allowance. These are a collection of disparate and minor changes of a housekeeping nature which do to appear to disadvantage anyone recipients. Such changes are not unusual after the implementation of such a major restructure of income support arrangements.
Schedules 1 to 3 incorporate subordinate legislation into the main Act without altering the entitlements of recipients. The drafting style and structure of the Social Security Act has been adopted in th e process and minor changes made. See pages 2,10 and 27 of the Explanatory memorandum for details.
Schedules 4 and 5 contain minor and technical amendments.
This bill is a legislative housekeeping exercise with no significant ramificati ons for the entitlements of Youth Allowance recipients.
1.For further background on the Youth Allowance see Bills Digest No. 77 1997-98 which deals with the Social Security Legislation Amendment (Youth Allowance) Bill 1997.
Dal e Daniels
23 February 1999
Bills Digest Service
Information and Research Services
This paper has been prepared for general distribution to Senators and Members of the Australian Parliament. While great care is taken to ensure that the paper is accurate an d balanced, the paper is written using information publicly available at the time of production. The views expressed are those of the author and should not be attributed to the Information and Research Services (IRS). Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion. Readers are reminded that the paper is not an official parliamentary or Australian government document. IRS staff are available to discuss the paper's contents with Senators and Members and their staff but not with members of the public.