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Social Security and Other Legislation Amendment Bill 2011

Schedule 3 Impairment Tables for disability support pension

   

Social Security Act 1991

1  Subsection 23(1) (definition of Impairment Tables )

Repeal the definition, substitute:

Impairment Tables means the tables determined by an instrument under subsection 26(1).

2  After section 25

Insert:

26   Impairment Tables and rules for applying them

Impairment Tables

             (1)  The Minister may, by legislative instrument, determine tables relating to the assessment of work-related impairment for disability support pension.

             (2)  An instrument under subsection (1) may contain such ancillary or incidental provisions relating to those tables as the Minister considers appropriate.

Rules for applying Impairment Tables

             (3)  The Minister may, in an instrument under subsection (1), determine rules that are to be complied with in applying the tables referred to in subsection (1) and the provisions referred to in subsection (2).

             (4)  An instrument under subsection (1) may contain such ancillary or incidental provisions relating to those rules as the Minister considers appropriate.

27   Application of Impairment Tables

Claims for disability support pension

             (1)  If a person makes a claim, or is taken to have made a claim, for disability support pension, the Secretary, in determining the claim, must apply the instrument in force under section 26 on the day the claim was made or taken to have been made.

Note:          Sections 12, 13 and 15 of the Administration Act and clause 4 of Schedule 2 to that Act deal with claims for disability support pension that are taken to have been made.

             (2)  If:

                     (a)  the Secretary makes a decision (the original decision ) relating to a claim referred to in subsection (1); and

                     (b)  the Secretary, the SSAT or the AAT is reviewing the original decision or a later decision arising out of the original decision;

the Secretary, the SSAT or the AAT, in making a decision on the review, must apply the instrument in force under section 26 on the day the claim was made or taken to have been made.

Note:          The effect of this subsection is that any change to the instrument under section 26 from the making of the claim to the making of a decision on the review must be disregarded.

Review of qualification for disability support pension

             (3)  If:

                     (a)  a person is receiving disability support pension; and

                     (b)  the Secretary gives the person a notice (the assessment notice ) under subsection 63(2) or (4) of the Administration Act in relation to assessing the person’s qualification for that pension;

the Secretary, in assessing the person’s qualification for that pension, must apply the instrument in force under section 26 of this Act on the day the assessment notice was given.

             (4)  If:

                     (a)  after assessing the person’s qualification for that pension, the Secretary makes a determination under section 80 of the Administration Act in relation to that pension; and

                     (b)  the Secretary, the SSAT or the AAT is reviewing that determination or a later decision arising out of that determination;

the Secretary, the SSAT or the AAT, in making a decision on the review, must apply the instrument in force under section 26 of this Act on the day the assessment notice was given.

Note:          The effect of this subsection is that any change to the instrument under section 26 from the giving of the assessment notice to the making of a decision on the review must be disregarded.

3  Subsection 94(1) (note 2)

Repeal the note, substitute:

Note 2:       For Impairment Tables see subsection 23(1) and sections 26 and 27.

4  Schedule 1B

Repeal the Schedule.

5  Application

(1)       The amendments made by items 1, 2 (so far as it inserts section 26 of the Social Security Act 1991 ) and 4 apply for the purposes of working out a person’s qualification for disability support pension in respect of days occurring on or after 1 January 2012.

(2)       However, if:

                     (a)  a claim for disability support pension is made, or is taken to have been made, by a person before 1 January 2012; and

                     (b)  the Secretary has not determined the claim before 1 January 2012;

those amendments do not apply in relation to working out the person’s qualification for disability support pension in respect of days occurring on or before the day on which the Secretary determines the claim.

(3)       Subsections 27(1) and (2) of the Social Security Act 1991 , as inserted by this Schedule, apply in relation to claims for disability support pension made, or taken to have been made, on or after the commencement of this item.

(4)       Subsections 27(3) and (4) of the Social Security Act 1991 , as inserted by this Schedule, apply in relation to a person receiving disability support pension on or after the commencement of this item (whether the person started to receive that pension before, on or after that commencement).

Note:       Sections 12, 13 and 15 of the Administration Act and clause 4 of Schedule 2 to that Act deal with claims for disability support pension that are taken to have been made.