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Schedule 6—Pensioner education supplement

Schedule 6 Pensioner education supplement

Part 1 Main amendments

Social Security Act 1991

1  Subsection 7(6)

Omit “a pensioner education supplement,”.

2  Subsection 17(1) (subparagraph (l)(v) of the definition of compensation affected payment )

Repeal the subparagraph.

3  Subsection 17(1) (paragraph (l) of the definition of compensation affected payment )

Omit “or supplement,”.

4  Subsection 17(1) (paragraph (m) of the definition of compensation affected payment )

Repeal the paragraph, substitute:

                    (m)  a fares allowance, where the allowance or payment (the underlying compensation affected payment ) mentioned in subparagraph 1061ZAAA(1)(b)(i), (ii) or (iii) is a compensation affected payment to which any of paragraphs (aa) to (k) of this definition applies; or

5  Subsection 19AB(2) (note at the end of the definition of approved course of education or study )

Repeal the note.

6  Subsection 23(1) (definition of independent )

Repeal the definition, substitute:

independent , in Parts 2.11, 2.11B, 3.4A, 3.4B, 3.5 and 3.7, has the meaning given by section 1067A.

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

Repeal the paragraph.

8  Subsection 23(1) (paragraph (a) of the definition of payday )

Omit “, a double orphan pension or a pensioner education supplement”, substitute “or a double orphan pension”.

9  Subsection 23(1) (paragraph (a) of the definition of payday )

Omit “, supplement”.

10  Paragraph 23(4AA)(c)

Repeal the paragraph.

11  Paragraphs 23(10F)(c) and (d)

Omit “paragraph 1061PB(1)(b)”, substitute “subsection 541B(5)”.

12  Section 119

Repeal the section.

13  Subsection 503AA(1)

Repeal the subsection.

14  Subsection 503AA(2)

Omit “(2)”.

15  Subparagraph 569H(7)(g)(iii)

Omit “, 569A(b) or 1061PB(1)(b)”, substitute “or 569A(b)”.

16  Subsection 1049(1)

Repeal the subsection.

17  Part 2.24A

Repeal the Part.

18  At the end of subparagraph 1061ZAAA(1)(b)(iii)

Add “and”.

19  Subparagraph 1061ZAAA(1)(b)(iv)

Repeal the subparagraph.

20  Section 1158

Omit “, a mobility allowance or a pensioner education supplement”, substitute “or a mobility allowance”.

Social Security (Administration) Act 1999

21  Subsection 15(5) (paragraph (i) of the definition of supplementary payment )

Omit “allowance; or”, substitute “allowance.”.

22  Subsection 15(5) (paragraph (j) of the definition of supplementary payment )

Repeal the paragraph.

23  Subsection 50(3)

Repeal the subsection.

24  Paragraph 52(1)(h)

Repeal the paragraph.

25  Paragraphs 55(4A)(a) and (b)

Omit “, austudy payment or pensioner education supplement” (wherever occurring), substitute “or austudy payment”.

26  Section 123TC (paragraphs (i) and (o) of the definition of category I welfare payment )

Repeal the paragraphs.

27  Section 123TC (paragraphs (d) and (i) of the definition of category Q welfare payment )

Repeal the paragraphs.

28  Subsection 124PD(1) (subparagraphs (a)(xiv) and (xxiii) of the definition of restrictable payment )

Repeal the subparagraphs.

29  Subclause 1(1) of Schedule 1 (paragraph (i) of the definition of social security periodic payment )

Repeal the paragraph.

30  Clauses 30 to 32 of Schedule 2

Repeal the clauses.

Part 2 Other amendments

A New Tax System (Family Assistance) Act 1999

31  Subparagraph 14(1A)(b)(i)

Omit “, 17(1)(c)”.

32  Paragraph 17(1)(c)

Repeal the paragraph.

Farm Household Support Act 2014

33  Paragraph 94(i)

Repeal the paragraph.

Income Tax Assessment Act 1997

34  Section 52-10 (table item 22A.1)

Repeal the item.

35  Section 52-40 (table item 22A)

Repeal the item.

Part 3 Application and saving provisions

36  Application and saving provisions

(1)       Despite the amendments of the definition of compensation affected payment in subsection 17(1) of the Social Security Act 1991 made by Part 1 of this Schedule, Parts 3.6A and 3.14 of that Act continue to apply as if those amendments had not been made.

(2)       Despite the amendments made by items 12, 13, 14 and 16, sections 119, 503AA and 1049 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 an approved program of work supplement, or language, literacy and numeracy supplement, is payable in respect of a fortnight beginning before that commencement.

(3)       Despite the amendment made by item 17, Part 2.24A 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 days occurring before that commencement.

(4)       Despite the amendments made by items 18 and 19, paragraph 1061ZAAA(1)(b) 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 relevant period that began before that commencement.

(5)       Despite the amendment made by item 20, section 1158 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 days occurring before that commencement.

(6)       Despite the amendments made by items 23 and 25, subsections 50(3) and 55(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 the payment of fares allowance on or after that commencement, to the extent that payment is being made because of the receipt of pensioner education supplement.

(7)       Despite the amendment made by item 24, paragraph 52(1)(h) 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 payment of pensioner education supplement on or after that commencement.

(8)       Despite the amendments made by items 26 to 28, 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 the following payments made before, on or after that commencement:

                     (a)  a payment of pensioner education supplement;

                     (b)  a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement.

(9)       Despite the amendments made by items 31 and 32, subparagraph 14(1A)(b)(i) and paragraph 17(1)(c) of the A New Tax System (Family Assistance) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out whether an individual satisfies the work/training/study test, or has recognised study commitments, before, on or after that commencement.

(10)     Despite the amendment made by item 34, item 22A.1 of the table in section 52-10 of the Income Tax Assessment Act 1997 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of pensioner education supplement before, on or after that commencement.