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Schedule 7—Education entry payment

Schedule 7 Education entry payment

Part 1 Main amendments

Social Security Act 1991

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

Repeal the subparagraph.

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

Omit “allowance, payment”, substitute “allowance,”.

3  Part 2.13A

Repeal the Part.

4  Subsection 1222(2) (table item 7)

Repeal the item.

5  Paragraph 1223ABAAB(1)(a)

Omit “or an education entry payment supplement”.

6  Paragraph 1223ABAAB(2)(e)

Omit “benefit; and”, substitute “benefit.”.

7  Paragraph 1223ABAAB(2)(h)

Repeal the paragraph.

8  Section 1224B

Repeal the section.

Social Security (Administration) Act 1999

9  Subsection 15(5) (paragraph (c) of the definition of supplementary payment )

Repeal the paragraph.

10  Subsection 47(1) (paragraph (d) of the definition of lump sum benefit )

Repeal the paragraph.

11  Section 123TC (paragraph (c) of the definition of household stimulus payment )

Repeal the paragraph.

Veterans’ Entitlements Act 1986

12  Subsection 5NB(1) (paragraph (c) of the definition of compensation affected pension )

Omit “age; or”, substitute “age.”.

13  Subsection 5NB(1) (paragraph (f) of the definition of compensation affected pension )

Repeal the paragraph.

14  Subsection 59M(1)

Omit “pensions, supplements and payments”, substitute “pensions and supplements”.

15  Paragraph 59M(1)(f)

Omit “supplement;”, substitute “supplement.”.

16  Paragraph 59M(1)(i)

Repeal the paragraph.

17  Subsection 59M(1) (note 2)

Omit “pensions, supplements, allowances and payments”, substitute “pensions and supplements”.

18  Subsections 59M(2), (3) and (4)

Omit “, supplement or payment”, substitute “or supplement”.

19  Part VIIAA

Repeal the Part.

Part 2 Other amendments

Farm Household Support Act 2014

20  Paragraph 94(e)

Repeal the paragraph.

Income Tax Assessment Act 1936

21  Subparagraph 160AAAA(2)(c)(i)

Omit “or education entry payment”.

22  Subparagraph 160AAAB(2)(c)(i)

Omit “or education entry payment”.

Income Tax Assessment Act 1997

23  Section 11-15 (table item headed “social security or like payments”)

Omit:

education entry payment supplement under the Social Security Act 1991 ...........................................................



52-10

24  Paragraph 51-35(e)

Omit “purposes;”, substitute “purposes.”.

25  Paragraph 51-35(f)

Repeal the paragraph.

26  Section 51-40

Repeal the section, substitute:

51-40   Payments to a secondary student

                   A * Commonwealth education or training payment made to or on behalf of a student is not exempt from income tax under item 2.1B of the table in section 51-10.

Note:          The whole or part of a Commonwealth education or training payment may be exempt under Subdivision 52-E or 52-F.

27  Paragraph 52-10(1)(za)

Repeal the paragraph.

28  Subsection 52-10(1J)

Repeal the subsection.

29  Section 55-10

Repeal the section.

Taxation Administration Act 1953

30  Paragraph 12-110(1)(c) in Schedule 1

Omit “, 55-5 or 55-10”, substitute “or 55-5”.

Part 3 Application and saving provisions

31  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 amendment made by item 3, Part 2.13A 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 claim for education entry payment made by a person before that commencement, where the person was qualified for that payment before that commencement.

(3)       Despite the amendments made by items 5 to 8, sections 1223ABAAB and 1224B 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 payments of education entry payment supplement or education entry payment made before, on or after that commencement.

(4)       Despite the amendments of the definition of compensation affected pension in subsection 5NB(1) of the Veterans’ Entitlements Act 1986 made by Part 1 of this Schedule, Part IIIC of that Act continues to apply as if those amendments had not been made.

(5)       Despite the amendment made by item 19, Part VIIAA of the Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a claim for education entry payment made by a person before that commencement, where the person was qualified for that payment before that commencement.

(6)       Despite the amendments made by items 21 and 22, subparagraphs 160AAAA(2)(c)(i) and 160AAAB(2)(c)(i) of the Income Tax Assessment Act 1936 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to payments of education entry payment made before, on or after that commencement.

(7)       Despite the amendments made by items 25, 26 and 29, paragraph 51-35(f) and sections 51-40 and 55-10 of the Income Tax Assessment Act 1997 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to payments of education entry payment made before, on or after that commencement.

(8)       Despite the amendment made by item 28, subsection 52-10(1J) 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 payments of education entry payment supplement made before that commencement.