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Family and Community Services and Veterans' Affairs Legislation Amendment (2004 Budget Measures) Bill 2004

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2002 - 2003 - 2004

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

FAMILY AND COMMUNITY SERVICES AND VETERANS’ AFFAIRS LEGISLATION AMENDMENT (2004 BUDGET MEASURES) BILL 2004

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Family and Community Services, Senator the Hon Kay Patterson)



FAMILY AND COMMUNITY SERVICES AND VETERANS’ AFFAIRS LEGISLATION AMENDMENT (2004 BUDGET MEASURES) BILL 2004

 

OUTLINE AND FINANCIAL IMPACT STATEMENT

 

This Bill gives effect to two Family and Community Services and Veterans’ Affairs 2004 Budget measures that require legislation.

 

Schedule 1—Scholarships

 

Schedule 1 amends the Social Security Act 1991 and the Veterans’ Entitlements Act 1986 to exempt fee waiver and fee pay scholarships (and such components of any scholarships) from the income tests for income support payments.

 

Date of Effect:           Schedule 1 commences on Royal Assent.

 

Financial Impact:       The costs associated with Schedule 1 are:

 

                                    Department of Family and Community Services

 

                                    2004-05           $1.048m;

                                    2005-06           $0.846m;

                                    2006-07           $0.976m;

                                    2007-08           $1.131m;

                                    Total               $4.001m.

 

                                    Department of Veterans’ Affairs

 

                                    2004-05           $0.123m;

                                    2005-06           $0.099m;

                                    2006-07           $0.114m;

                                    2007-08           $0.129m;

                                    Total               $0.465m.

 

Schedule 2—Carer allowance

 

Currently, to be qualified for carer allowance under the Social Security Act 1991 , a carer is required to live in the same private home as the person for whom they provide care (care receiver).  This Bill expands the eligibility criteria for carer allowance under the Social Security Act 1991 by allowing a new group of carers to be qualified for carer allowance if they provide certain care for an adult with a disability, even if they do not live with that adult.  Under this measure, the required care must be provided on a daily basis for at least 20 hours per week.

 

Schedule 2 also makes one technical amendment to correct a minor drafting error.

 

Date of Effect:           Parts 1 and 2 of Schedule 2commence on the later of the day on which this Act receives the Royal Assent, and 1 September 2004.

 

                                    Part 3 of Schedule 2 is taken to have commenced on 20 March 2000, immediately after the commencement of item 147 of Schedule 1 to the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 .

 

Financial Impact:       The costs associated with Schedule 2 are:

 

                                    2004-05           $26.331m;

                                    2005-06           $29.676m;

                                    2006-07           $32.054m;

                                    2007-08           $34.722m;

                                    Total               $122.783m.

 



FAMILY AND COMMUNITY SERVICES AND VETERANS’ AFFAIRS LEGISLATION AMENDMENT (2004 BUDGET MEASURES) BILL 2004

 

NOTES ON CLAUSES

 

Clause 1 of the Family and Community Services and Veterans’ Affairs Legislation Amendment (2004 Budget Measures) Bill 2004 sets out how the Act is to be cited.

 

Subclause 2(1) sets out a table containing information about the commencement of each provision of the amending Act.  Each provision in column 1 of the table will commence on the day or at the time specified in column 2.

 

Subclause 2(2) specifies that column 3 of the table contains additional information about the commencement of specified items.  This subclause provides that such information is not part of the amending Act, but may be included in any published version of the Act.

 

Clause 3 provides that each Act that is specified in a Schedule to the amending Act is amended or repealed as set out in the applicable items in those Schedules.  Any other item in a Schedule to the amending Act has effect according to its terms.

 



SCHEDULE 1 —SCHOLARSHIPS

 

1.         Summary of proposed changes

 

Schedule 1 amends the Social Security Act 1991 (the Act) and the Veterans’ Entitlements Act 1986 to give effect to a 2004 Budget measure to exempt fee waiver and fee pay scholarships (or such components of any scholarships) from the income tests for income support payments.

 

2.         Background

 

Currently, scholarships are required to be taken into account as income unless specifically exempted from the income test for income support payments.  As announced in the 2004 Budget, all fee waiver and fee pay scholarships (or such components of any scholarships) will no longer be included as income under the income tests for income support payments under the Social Security Act 1991 and the Veterans’ Entitlements Act 1986 .

 

3.         Explanation of the changes

 

Amendments to the Social Security Act 1991

 

Item 1 inserts new subparagraphs 8(8)(zjb) and (zjc), which exempt from the income test any amount covered by new subsection 8(8B) and any payment covered by subsection 8(8C).

 

Item 2 inserts new subsections 8(8B) and (8C).

 

New subsection 8(8B) identifies amounts, referred to in new paragraph 8(8)(zjb), that are not income for the purposes of the Act.  The new subsection covers the amount of a reduction (by discount, remission or waiver) of certain specified amounts that would otherwise be payable by a person.  First, it covers amounts otherwise payable to an educational institution (as defined in subsection 23(1) of the Act) for enrolment or tuition of the person in a course that:

 

·          is determined to be a secondary or tertiary course under section 5D of the Student Assistance Act 1973 ;

 

·          is a Masters or Doctoral degree course accredited as a higher education course by an appropriately authorised authority; or

 

·          is a course of vocational training (as defined in section 19 of the Act).

 

Second, it covers amounts otherwise payable to the Commonwealth as a result of the person’s enrolment in, or undertaking of, such a course at an educational institution.

 

New subsection 8(8C) identifies payments, referred to in new paragraph 8(8)(zjc), that are not income for the purposes of the Act.  The new subsection covers any payment that satisfies four conditions.  First, it must be made to discharge, or to prevent from arising, a person’s actual or anticipated liability to either an educational institution for enrolment or tuition in a course described in paragraph 8(8B)(a) or to the Commonwealth resulting from the person’s enrolment in, or undertaking of, such a course at an educational institution.  Second, it must be made by someone other than the person.  Third, it must be made to the institution or the Commonwealth.  This condition would prevent a payment being exempt from the income test if, for example, the recipient used the payment for other purposes.  Fourth, it must not be made at the direction of the person.

 

Amendments to the Veterans’ Entitlements Act 1986
 

Items 3 and 4 insert, respectively, new subparagraphs 5H(8)(hc) and (hd), and new subsections 5H(8A) and (8B), which correspond to the new provisions inserted into the Social Security Act 1991 (see items 1 and 2 above), to exempt certain specified amounts and payments from the income test for income support payments.

 

4.         Commencement

 

Schedule 1 commences on the day on which this Act receives the Royal Assent.

 



SCHEDULE 2—CARER ALLOWANCE

 

1.         Summary of proposed changes

 

Schedule 2 amends the Social Security Act 1991 to give effect to a 2004 Budget measure aimed at expanding the eligibility criteria for carer allowance.  Under this measure, a carer providing care to an adult with a disability may be qualified for carer allowance if they provide certain care, even if they do not live in the same private home as the adult.  The required care must be provided on a daily basis for at least 20 hours per week.

 

The existing qualification requirements for carer allowance (sections 953 and 954 of the Social Security Act 1991 ), which do contain the coresidency requirement, will not be affected by these amendments.  Instead, this measure will allow a new group of carers to become qualified for carer allowance.

 

Schedule 2 also makes one technical amendment to correct a minor drafting error.

 

Schedule 2 is divided into 3 parts: main amendment, related amendments and technical correction.

 

2.         Background

 

The Social Security Act 1991 currently requires a carer to live with the person for whom they are providing care in order to qualify for carer allowance.  This coresidency requirement recognises that people with disabilities who have significant care needs traditionally share a residence with their carer, and that a significant level of care and attention can be assumed to be given by the carer when the carer and care receiver reside in the same home.

 

However, this coresidency requirement has been subject to criticism for not recognising the diversity of caring situations in the community, or the valuable contribution made by non-coresident carers to providing care.  In many cases this care allows the care receiver to continue to live in their own home, rather than going into alternative care.  This measure is intended to respond to community concern by removing the coresidency requirement for a new group of carers and allowing them to be qualified for carer allowance if they provide certain care.

 

3.         Explanation of the changes

 

Part 1 - Main amendment

 

Amendments to the Social Security Act 1991

 

Item 1

 

Item 1 inserts a new qualification provision for carer allowance in relation to caring for a disabled adult, which does not require the carer and the disabled adult to share the same home.  The new subsection 954A(1) provides that a carer will be qualified for carer allowance in respect of a disabled adult (care receiver) if:

 

·          both the carer and the care receiver are Australian residents;

·          the care receiver is a “family member” of the carer or is a person approved by the Secretary in writing for this purpose;

·          the care receiver has been assessed and rated under the Adult Disability Assessment Tool (ADAT) and given a score under the ADAT of at least 30, which was calculated on the basis of a professional questionnaire score of at least 12;

·          the care receiver receives care and attention as described in the new subsection 954A(2);

·          the carer’s efforts in providing the care and attention does not attract payment at award wages or above; and

·          neither the carer nor any other person is qualified for carer allowance in respect of the same care receiver under the coresidency provision in section 954.

 

Some of these qualification requirements are the same as those that already exist for coresident carers under section 954.  However, the “care and attention” required to be provided by a non-coresident carer is defined (see new subsection 954A(2), described below).

 

Preclusion of professional carers - new paragraph 954A(1)(f)

 

A non-coresident carer must not be paid at award wages or above for the activities that they undertake in providing care to the care receiver.  This means that a non-coresident carer who is receiving award wages or above for the care that they provide to the care receiver (whether this is actually under a relevant award or equivalent), will not be able to qualify for carer allowance under section 954A.  The intention of this requirement is to exclude certain carers, including professional carers whose work already requires them to provide care as part of their employment.  This exclusion also extends to similar arrangements (including informal arrangements), in situations where they are already being paid at least the equivalent of award wages for the care that they provide.

 

Example 1:  A professional carer who works for a government or non-government organisation at award wages, and cares for a disabled adult in the adult’s home every day, will not be able to qualify for carer allowance under section 954A, even if the disabled adult is a family member of the carer or other approved person.

 

Example 2:  A professional carer who cares for other disabled adults during the day, who also provides unpaid care to his mother every day, of at least 20 hours per week, may be able to qualify for carer allowance under section 954A for the care that he provides to his mother.

 

Example 3:  In a private care arrangement between two sisters where one sister pays the other sister the equivalent of award wages to care for their father in their father’s home, for at least 20 hours per week, the sister providing the care would not qualify for carer allowance under section 954A.

 

Example 4:  In a private care arrangement where a daughter cares for her mother in her mother’s home for at least 20 hours a week, and receives token payments to cover her expenses, but these are less than the equivalent of award wages, the daughter may still be able to qualify for carer allowance under section 954A.

 

Coresident carer qualified for same care receiver - new paragraph 954A(1)(g)

 

If a person who is a coresident carer is qualified for carer allowance under section 954 for a care receiver, it is not possible for that person to be qualified for carer allowance as a non-coresident carer under section 954A in respect of the same care receiver.  In this situation the carer will only qualify for carer allowance for the care receiver under section 954.

 

In addition, if a coresident carer is qualified for carer allowance under section 954, it will not be possible for any other person, who is a non-coresident carer, to be qualified for carer allowance under section 954A, in relation to the same care receiver.  This will be the case even if the non-coresident carer is providing the required care and attention to the care receiver.

 

Notes following new subsection 954A(1)

 

Note 1 following the new subsection 954A(1) explains that the term “Australian resident” is defined in section 7, and the term “family member” is defined in subsection 23(1) of the Social Security Act 1991 .

 

Note 2 refers to section 955, which relates to situations where a carer may be qualified for carer allowance in circumstances where the care receiver is in hospital.

 

Note 3 explains that section 957 deals with the effect of any temporary cessation of care and attention on a carer’s qualification for carer allowance, including qualification under the new section 954A.

 

Note 4 explains that sections 964 and 965 relate to the effect of two carers being qualified for carer allowance, including qualification under the new section 954A.

 

Care and attention - new paragraph 954A(1)(d) and subsection 954A(2)

 

The “care and attention” referred to in new paragraph 954A(1)(d) is defined in the new subsection 954A(2).  This provision requires that the care and attention provided by the carer to the care receiver must:

 

·          address special care needs that the care receiver is assessed as having under the Adult Disability Assessment Tool (ADAT) and that relate to the care receiver’s bodily functions or to sustaining the life of the care receiver;

·          be received by the care receiver on a daily basis, for a total of at least 20 hours a week;

·          be received by the care receiver from the carer alone, or from the carer together with another person;

·          be received in a private home that is the residence of either the care receiver, or the carer, or the other person (if any); and

·          not be care and attention of a kind specified in a written instrument made by the Secretary for this purpose.

 

Special care needs - new paragraph 954A(2)(a)

 

The special care needs referred to in new paragraph 954A(2)(a) must be required by the care receiver in terms of the ADAT.  One of the qualification conditions for carer allowance requires the care receiver to be assessed under the ADAT, and to obtain a certain minimum score under the professional questionnaire and a certain minimum total score.  The ADAT, which is a disallowable instrument made under section 38C of the Social Security Act 1991 , is designed to determine an adult’s level of disability through an assessment of their basic activities of daily living.  The special care needs provided by the carer to the care receiver must have been expressly described as being required by that care receiver under the ADAT, that is, the care receiver must have been assessed under the ADAT as having need for assistance with the basis activities of daily living.  In addition, those needs must relate to the care receiver’s bodily functions or to sustaining their life.  This means that the required “care and attention” to be provided by the carer is specific to the relevant care receiver in each particular situation.

 

The types of “care and attention” that are intended to satisfy the new subsection 954A(2), which are also special care needs addressed in the ADAT, may include the carer personally providing assistance to the care receiver with the basic activities of daily living, such as feeding, dressing, showering, hygiene, including grooming and toileting, mobility, communication, or administering medication and/or treatment etc.  These activities are special care needs required by the care receiver that relate to the care receiver’s bodily functions or to sustaining their life.  “Care and attention” may also include supervising or prompting the care receiver with any of these activities in person.  In addition, “care and attention” may also include preventing and/or protecting the care receiver from undertaking harmful, damaging, aggressive or other inappropriate behaviour.

 

Example 1:  A daughter goes to her elderly mother’s home to care for her mother every day.  As her mother has chronic arthritis, she has difficultly getting around and undertaking basic tasks as her hands and feet are affected.  Her daughter assists her with showering and dressing in the morning, feeding her breakfast and lunch, and helping her get around the house.  All of these activities address her mother’s special care needs and meet the requirements of the “care and attention” definition, so they may be counted towards the daughter’s minimum of 20 hours a week for carer allowance qualification under section 954A.

 

Example 2:  Activities undertaken by the daughter such as travelling to her mother’s house, reading a book aloud to her mother and making afternoon tea for her mother do not address her mother’s special care needs as defined in new subsection 954A(2) because they do not relate to her bodily functions or to sustaining her life.  This means that these activities would not be sufficient “care and attention” that could be counted towards the daughter’s minimum 20 hours a week for carer allowance qualification under section 954A.

 

See new paragraph 954A(2)(e) and subsection 954A(3) (discussed below) regarding what is not regarded as “care and attention” for the purposes of section 954A.

 

One carer - new paragraph 954A(2)(b) and subparagraph 954A(2)(c)(i)

 

In order to provide the required level of care for carer allowance qualification under section 954A, a carer must provide at least 20 hours of “care and attention” to the care receiver per week.  At least some of this care must be provided to the care receiver by the carer on a daily basis, that is, each and every day.  If only one carer is qualified for carer allowance, care may be provided to the care receiver by someone else besides the carer, but this will not count towards the carer’s requirement to undertake at least 20 hours of care a week.  Section 957 deals with situations where the carer temporarily ceases to provide care to the care receiver for one or more days.

 

See discussion on new paragraph 954A(2)(e) and subsection 954A(3) below about the kinds of care and attention that will not be counted towards the carer’s requirement to provide such care and attention on a daily basis for a minimum of 20 hours per week.

 

Two carers - new paragraph 954A(2)(b) and subparagraph 954A(2)(c)(ii)

 

It is possible for two non-coresident carers to both be qualified for carer allowance under section 954A in respect of the same care receiver.  In such a shared care situation, either or both of those carers must provide care to the care receiver every day.  It is possible for one carer to provide the required care on some days, and for the other carer to provide the required care on the other days of the week, as long as at least one of them is caring for the care receiver on a daily basis, ie. every day.  However, the total number of hours of care provided by the two carers together must add up to at least 20 hours a week.  Each carer may then receive a proportionate rate of carer allowance (see sections 964 and 965 and subsections 974(4) and 981(1)).

 

Example:  Two adult daughters share the care of their elderly father, who lives on his own.  One daughter provides the required care and attention for three hours a day for three days per week, and the other daughter provides the required care and attention for three hours a day for the remaining four days per week.  This combined care is provided every day of the week, and in total it adds up to more than 20 hours a week.  In this situation each of the daughters may receive a proportionate rate of carer allowance based on the amount of care that they each provide.

 

If care is provided to the care receiver by anyone else besides the two qualified carers, this will not be counted towards the total of 20 hours a week required to be provided by both qualified carers combined.

 

As is the case with all non-coresident carers, including a shared care situation involving two carers, neither carer can be paid at award wages or above for the care and attention that they provide to the care receiver, in order to qualify for carer allowance under section 954A.

 



One carer and one professional carer - new paragraphs 954A(2)(b) and 954A(2)(c)

 

In a situation where a non-coresident carer and a professional carer are both providing care to a disabled adult, the care provided by the professional carer (who is precluded from being qualified for carer allowance if they are paid at award wages or above) will not count towards the carer’s requirement to provide at least 20 hours a week of care and attention.  In order to be qualified for carer allowance under section 954A, the non-coresident carer must still provide care and attention on a daily basis, that is, every day, and this must be for a minimum of 20 hours per week in itself.  This care is over and above any other care that is provided by the professional carer.

 

Private home - new paragraph 954A(2)(d)

 

The required care and attention may be provided to the care receiver in a private home that is the residence of either the carer or the care receiver.  There is no coresidency requirement for qualification under section 954A, so that home does not have to be the residence of the both the carer and the care receiver.  It is intended that the person’s home will be regarded as the dwelling in which the person actually lives or resides.  This excludes situations where care is provided outside the carer or the care receiver’s private home, such as in an institution or hospital (although a non-coresident carer may still receive carer allowance in situations where the care receiver goes into hospital, the carer and care receiver travel outside Australia, or the carer temporarily ceases to provide care to the care receiver on a daily basis - see sections 955, 956 and 957).  Therefore, the carer may go to the care receiver’s home to provide care, or the care receiver may go to the carer’s home to receive care.

 

If there are two non-coresident carers caring for the same care receiver, the required care and attention may be provided in either the care receiver’s home, or in the home of either carer.

 

Disallowable instrument - new paragraph 954A(2)(e) and subsection 954A(3)

 

The new subsection 954A(3) allows the Secretary to make a written instrument, which is a disallowable instrument, specifying the kind of care and attention that will not be sufficient for the purposes of paragraph 954A(2)(e).  It is intended that any such disallowable instrument would allow the Secretary to provide further, more specific information about the actual kinds of “care and attention” that is not intended to be included for the purposes of carer allowance qualification under section 954A.  This includes activities that do not address the care receiver’s special care needs, as assessed under the ADAT, and which do not relate to the care receiver’s bodily functions or to sustaining their life, for example, shopping, housework and travel time.

 

Two care receivers - new subsections 954A(4) and 954A(5)

 

The effect of new subsection 954A(4) is that if a carer is qualified for carer allowance in respect of a disabled adult, the disabled adult themselves cannot be qualified for carer allowance in respect of another disabled adult.

 

Example:  If A receives carer allowance under section 954A in respect of B, a disabled adult, B cannot qualify for carer allowance in respect of C, another disabled adult.

 

The new subsection 954A(5) provides that a carer may only be qualified for carer allowance for one or two disabled adults, but no more than two disabled adults.  This includes qualification under either or both of sections 954 and 954A.  This means that a carer caring for two disabled adults may be qualified for the care and attention they provide to two disabled adults, both under section 954, both under section 954A, or one disabled adult under section 954 and one disabled adult under section 954A.  It is not possible for a carer to be qualified for up to two disabled adults under section 954, as well as up to another two disabled adults under section 954A.  A maximum of two disabled adults applies under either or both provisions (also see item 7 below which amends subsection 954(3)).

 

Example 1:  A daughter who provides care to her mother and father, but does not live with them, may be qualified for carer allowance under section 954A in respect of two disabled adults.  However, if the daughter also has to care for her disabled grandmother, she could not be qualified for additional carer allowance under either section 954 or 954A in respect of her grandmother regardless of whether or not she lives with her grandmother.

 

Example 2:  A son who provides care to his mother and grandmother, but only one of them lives with him, may be qualified for carer allowance in respect of one disabled adult under section 954, and one disabled adult under section 954A.  However, if the son also has to care for his disabled grandfather, he could not receive additional carer allowance under either section 954 or 954A in respect of his grandfather regardless of whether or not he lives with his grandfather.

 

Part 2 - Related amendments

 

Amendments to the Social Security Act 1991

 

Items 2, 3, 4 and 5

 

Items 2 to 5 amend subsections 731J(4), 731J(5) and 731J(7) to insert a special benefit activity test exemption for carers qualified for carer allowance under the new section 954A.  The intention is to exempt a nominated visa holder from the special benefit activity test where, but for the residence requirements, the carer would have satisfied the basic elements of qualification for carer allowance under section 954A.  This is consistent with the activity test exemptions that already exist in section 731J for carer allowance and carer payment recipients.

 

Items 2 to 5 insert references to the new section 954A into subsections 731J(4), 731J(5) and 731J(7).

 

Item 6

 

Item 6 amends the definition of “care receiver” to include care receivers referred to in the new subsection 954A(1).

 

Item 7
 

As with the new subsection 954A(5) described above, item 7 amends subsection 954(3) to provide that a carer may only be qualified for carer allowance for one or two disabled adults, but no more than two disabled adults, under either or both of section 954 or 954A (also see item 1 above).

 

Note following item 7

 

The note following item 7 amends the heading to section 954 to distinguish this provision, which relates to qualification for carers who do live with the disabled adult in the same private home, with the new section 954A, which relates to qualification for carers who do not live in the same home as the disabled adult.

 

Item 8

 

Item 8 amends paragraph 955(1)(c) to include situations involving non-coresident carers.  Subparagraph 955(1)(c)(i) will not apply to non-coresident caring situations because it cannot be said that the disabled adult will reside in the same home as the carer on leaving hospital.  However, the new subparagraph 955(1)(c)(ii) refers to a situation where the carer, that is, the person participating in the care of the disabled adult in hospital, would be qualified for carer allowance under section 954A upon the hospitalised person leaving hospital.  Alternatively, one or more persons, including a non-coresident carer, may also be qualified for a period where the disabled adult is in hospital if the adult is terminally ill.

 

Item 8 ensures that coresident and non-coresident carers may be qualified for carer allowance under section 955 during a period in which the disabled adult is in hospital in similar circumstances.

 

Existing subsection 955(2) will apply so that a non-coresident carer can be qualified for carer allowance during a period, or periods, in which the care receiver is in hospital, for up to a maximum of 63 days in any calendar year.  This is the same hospitalisation qualification period available to coresident carers.

 

Item 9

 

Item 9 amends section 956 to ensure that it operates in relation to carers qualified for carer allowance under section 954A.  This means that if Division 2 of Part 4.2 of the Social Security Act 1991 applies to the carer during a period of absence from Australia, and the carer’s portability period for carer allowance has not ended, the carer will not cease to be qualified for carer allowance just because the care and attention that they provide to the care receiver is not provided in a private home (as is otherwise required by new paragraph 954A(2)(d)).  This is consistent with the treatment of other carer allowance recipients under section 956 during a period in which they are overseas.

 



Part 3 - Technical correction

 

Amendment to the Social Security Act 1991

 

Item 10

 

Item 10 makes a technical amendment to correct an unintended minor drafting error in section 958.  This item removes the incorrect reference to a person’s child disability allowance rate and replaces it with a reference to carer allowance rate.

 

Child disability allowance was repealed by the Assistance for Carers Legislation Amendment Act 1999 and replaced with carer allowance from 1 July 1999 (immediately after the commencement of Schedule 1 to the Payment Processing Legislation Amendment (Social Security and Veterans’ Entitlements) Act 1998 , which commenced on that date).  That Act correctly changed the child disability allowance reference in section 958 to carer allowance.  However, the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 inadvertently changed this back to a reference to the old child disability allowance, on the introduction of the Social Security (Administration) Act 1999 , with effect from 20 March 2000.  This was unintentional as child disability allowance no longer existed.

 

Item 10 is taken to have commenced on 20 March 2000, immediately after the commencement of item 147 of Schedule 1 to the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 (see table item 4 of subclause 2(1)).  This will ensure that the correct reference to carer allowance rate is always taken to have existed since this payment was first introduced, as originally intended.  No person will be adversely affected by this technical amendment.

 

4.         Commencement

 

Parts 1 and 2 of Schedule 2 commence on either 1 September 2004, or the day on which this Act receives the Royal Assent, whichever is the later (see table item 3 of subclause 2(1)).

 

Part 3 of Schedule 2 is taken to have commenced on 20 March 2000, immediately after the commencement of item 147 of Schedule 1 to the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 (see table item 4 of subclause 2(1)).