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Social Security (Administration) Bill 1999

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1998-99

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

HOUSE OF REPRESENTATIVES

SOCIAL SECURITY (ADMINISTRATION) BILL 1999

SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) BILL 1999

SOCIAL SECURITY (ADMINISTRATION AND INTERNATIONAL AGREEMENTS) (CONSEQUENTIAL AMENDMENTS) BILL 1999

SUPPLEMENTARY EXPLANATORY MEMORANDUM

Amendments to be moved on behalf of the Government

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

SOCIAL SECURITY (ADMINISTRATION) BILL 1999

SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) BILL 1999

SOCIAL SECURITY (ADMINISTRATION AND INTERNATIONAL AGREEMENTS) (CONSEQUENTIAL AMENDMENTS) BILL 1999

OUTLINE AND FINANCIAL IMPACT STATEMENT

The amendments fall into the following categories:

·         amendments to take account of proposed amendments to the Further 1998 Budget Measures Legislation Amendment (Social Security) Bill 1999 insofar as they relate to the payment of crisis payment and social security benefits and pensions to detained persons who are being released;

·         an amendment to the A New Tax System (Family Assistance) (Administration) Act 1999 that will insert a new section, along the lines of clause 142 of the Social Security (Administration) Bill 1999 , that provides a time limit for applications for review of decisions by the Social Security Appeals Tribunal; and

·         technical amendments that address matters that have become apparent since the introduction of the Bills.

Financial impact

As indicated when these Bills were first introduced, all costs associated with the amendments will be met from within existing departmental resources.

 



SOCIAL SECURITY (ADMINISTRATION) BILL 1999

NOTES ON AMENDMENTS

Amendment number 1 is a technical amendment.  It inserts a new subclause (6) in clause 3 so that a reference in the Act to this Act or the social security law will include a reference to regulations made under section 244.

Amendment number 2 inserts new clause 34A that provides for the making of crisis payment or a social security pension or benefit by a person in gaol or undergoing psychiatric confinement because he or she has been charged with an offence.  This amendment and amendment numbers 3, 4 and 5 are necessary because of amendments to the Social Security Act 1991 that will be made by the Further 1998 Budget Measures Legislation Amendment (Social Security) Bill 1999 .  The amendments being made by that Bill will commence before the enactment of the Social Security (Administration) Bill 1999 .

Amendment number 3 inserts a new subclause 36(6A) that provides for the granting of a claim for a social security pension, social security benefit or a crisis payment by a claimant who in gaol or undergoing psychiatric confinement and it is expected that the person will be released not more than 21 days after the claim was made.

Amendment number 4 inserts new subclauses 46(1A) and (1B) that provide for the payment of amount to a person whose claim for crisis payment is granted as result of subclause 36(6A).  This is to facilitate the payment of money to a person in gaol or undergoing psychiatric confinement before the person’s release so the person will not suffer severe financial hardship on release.

Amendment number 5 inserts new subclauses 50(1A) and (1B) that provide for the payment of an amount to a person whose claim for social security pension or benefit is granted as result of subclause 36(6A).  This is to facilitate the payment of money to a person in gaol or undergoing psychiatric confinement before the person’s release so the person will not suffer severe financial hardship on release.

Amendment number 6 is a technical amendment that is consequential upon amendment number 7.

Amendment number 7 inserts a new subclause 62(2A) that deals with information gathering for newstart allowance.  Clause 62 as it is currently drafted removes the ability to notify a newstart allowance recipient in any other way than in writing.  Subclause 62(2A) will make the law relating to notification for newstart allowance the same as that which currently applies under the Social Security Act 1991 .

Amendment numbers 8 and 9 are a technical amendments that are consequential upon amendment number 10.

Amendment number 10 inserts subclause 62(3A) that provides the sanctions for not complying with a requirement under subclause 62(2A).

Amendment number 11 inserts subclause 62(5A) that sets out the notification requirements for subclause 62(2A).

Amendment numbers 12 and 13 are technical amendments that are consequential upon amendment number 10.

Amendment number 14 omits paragraphs 63(h) to (k) and substitutes a new paragraph 63(h) that comprehensively provides the sanctions for not complying with a notice under subclause 63(2).

Amendment number 15 is a technical drafting amendment that changes the name of the Division heading.

Amendment number 16 inserts a new clause 123A that provides that for the purposes of Part 4 (Review of decisions), a decision of an officer under an instrument, other than a regulation, made or issued under the Bill or the 1991 Act is deemed to be a decision under the social security law.  This will remove the need to include provisions conferring jurisdiction on the Social Security Appeals Tribunal and the Administrative Appeals Tribunal in such instruments.

Amendments number 17 and 18 correct cross-referencing errors.

Amendment numbers 19 and 20 are technical amendments that are consequential upon amendment number 21.

Amendment number 21 omits subclauses that are unnecessary following amendments to the Social Security Act 1991 that related to the Commonwealth Employment Service.

Amendment numbers 22, 23 and 24 correct cross-referencing errors.

Amendment numbers 25 and 26 correct errors in the titles of the Act referred to in clauses 245 and 248.

Amendment number 27 is a technical amendment that is consequential upon amendments 3, 4 and 5 that relate to detained persons.

Amendment number 28 inserts a new Schedule 4 relating to delegations to the CEO and employees of Centrelink.  While it is based on Schedule 1AA of the Social Security Act 1991, clause 2 operates by its own force rather than requiring directions by the Secretary.  Directions will only be needed for exceptions to the general rule in subclause 2(1).

 



SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) BILL 1999

NOTES ON AMENDMENTS

Amendment number 1 amends clause 3 of the Bill so that it is consistent with the equivalent provision in the Social Security (Administration) Bill 1999 and the equivalent provision being inserted in the Social Security Act 1991 by the Social Security (Administration and International Agreements) (Consequential Amendments) Bill 1999 .

 



SOCIAL SECURITY (ADMINISTRATION AND INTERNATIONAL AGREEMENTS) (CONSEQUENTIAL AMENDMENTS) BILL 1999

NOTES ON AMENDMENTS

Amendment numbers 1 and 2 correct a cross-referencing error in clause 2 of the Bill that deals with commencement and provide for the commencement of Schedule 4 that is being inserted by amendment number 14.

Amendment number 3 inserts item 60A in Schedule 1 of the Bill that makes a consequential amendment to section paragraph 558(1)(b) of the Social Security Act 1991 .

Amendment number 4 inserts item 69A in Schedule 1 of the Bill that consequentially repeals section 630E of the Social Security Act 1991 .

Amendment number 5:

·         inserts item 71A in Schedule 1 of the Bill that consequentially repeals section 630C of the Social Security Act 1991 ; and

·         inserts item 71B in Schedule 1 of the Bill that makes a consequential amendment to section 631 of the Social Security Act 1991 .

Amendment number 6 inserts item 160A in Schedule 1 of the Bill a consequential amendment to paragraph 1061JG(c) of the Social Security Act 1991 .

Amendment number 7 inserts item 174A in Schedule 1 of the Bill that consequentially repeals Part 2.27 of the Social Security Act 1991 that is being inserted in that Act by the Further 1998 Budget Measures Legislation Amendment (Social Security) Bill 1999 .

Amendment number 8 inserts item 176A in Schedule 1 of the Bill that consequentially repeals sections 1159A, 1159B, 1159C, and 1159C of the Social Security Act 1991 that is being inserted in that Act by the Further 1998 Budget Measures Legislation Amendment (Social Security) Bill 1999 .

Amendment number 9 inserts item 182A in Schedule 1 of the Bill that consequentially repeals subsections 1223AA(1AA), (1AB) and (1AC) and substitutes new provisions to take account of payments to detained persons who are being released under subclauses 46(1A) and 50(1A) of the Social Security (Administration) Bill 1999 .

Amendment number 10 inserts item 190A in Schedule 1 of the Bill that consequentially repeals subsection 1223AA(1C) and substitutes new debt recovery provisions that relate to payments to detained persons who are being released under subclauses 46(1A) and 50(1A) of the Social Security (Administration) Bill 1999 .

Amendment numbers 11 and 12 correct errors in the titles of the Bill referred to in the amendments in items 205 and 206 of Schedule 1 of the Bill.

Amendment number 13 inserts item 207A in Schedule 1 of the Bill that consequentially repeals Schedule 1AA of the Social Security Act 1991 .  A similar provision is being included in the Social Security (Administration) Bill 1999 .

Amendment number 14 adds Schedule 5 to the Bill.  That Schedule will amend the A New Tax System (Family Assistance) (Administration) Act 1999 by inserting a new section 111A that imposes a 28 day time limit for applying for the review of a decision by the Social Security Appeal Tribunal ( SSAT ).  Like clause 142 of the Social Security (Administration) Bill 1999 , it allows the Executive Director of the SSAT to extend the time period in a particular case if the Executive Director is satisfied that special circumstances exist.  Schedule 5 will commence on 1 July 2000.