Title Social Security Amendment (National Green Jobs Corps Supplement) Bill 2009
Database Explanatory Memoranda
Date 13-02-2012 02:02 PM
Source House of Reps
System Id legislation/ems/r4210_ems_b3c068a1-d5eb-4fd7-9493-4cd73d5fe6fa


Social Security Amendment (National Green Jobs Corps Supplement) Bill 2009

 

 

2008-2009

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

SOCIAL SECURITY AMENDMENT (National Green Jobs Corps Supplement) BILL 2009

 

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Parliamentary Secretary for Employment, the Honourable Jason Clare MP)


SOCIAL SECURITY AMENDMENT (National Green Jobs Corps Supplement) BILL 2009

 

 

OUTLINE

 

This bill will amend the social security law to provide for a temporary National Green Jobs Corps supplement for recipients of youth allowance (other), newstart allowance and parenting payment who participate in the National Green Jobs Corps.

 

The National Green Jobs Corps is a 26 week environmental work experience and training program which is targeted at low skilled 17-24 year olds.  

 

Additional financial assistance will be provided to these participants in the form of a supplement of $41.60 per fortnight while they are participating in the National Green Jobs Corps.  This payment will be on top of their existing youth allowance (other), newstart allowance or parenting payment.

 

The supplement will be payable to those who commence in the National Green Jobs Corps between 1 January 2010 and 31 December 2011.

 


 

FINANCIAL IMPACT

 

 

2009-10

2010-11

2011-12

Total

National Green Jobs Corps Supplement

0.9

1.7

0.9

3.4

 

Please note that costs to Centrelink are yet to be agreed.

 


SOCIAL SECURITY AMENDMENT (National Green Jobs Corps Supplement) BILL 2009

 

 

NOTES ON CLAUSES

 

Clause 1 - Short title

 

Provides for the Act to be cited as the Social Security Amendment (National Green Jobs Corps Supplement) Act 2009.

 

 

Clause 2 - Commencement

 

Provides that the Act commences on the day it receives Royal Assent.

 

 

Clause 3 - Schedule(s)

 

Provides that each Act that is specified in a Schedule is amended or repealed as set out in the applicable items in the Schedule, and that any other item in a Schedule has effect according to its terms.

 

 

For ease of description, this explanatory memorandum uses the following abbreviation:

 

‘Social Security Act’ means the Social Security Act 1991

 

 

 


Schedule 1— Amendments

 

Social Security Act 1991

 

Item 1 – Subsection 23(1)

 

Inserts a definition of National Green Jobs Corps program into subsection 23(1). This is defined as the program administered by the Commonwealth known as the National Green Jobs Corps Program.

 

 

Item 2 – Subsection 23(1)

 

Inserts a definition of National Green Jobs Corps supplement into subsection 23(1). The National Green Jobs Corps supplement is defined as meaning an amount payable under new subsection 503C(2) to a person receiving a parenting payment; or an amount payable under new subsection 556B(2) to a person receiving youth allowance; or an amount payable under new subsection 644AAD(2) to a person receiving newstart allowance.

 

 

Item 3 – After paragraph 23(4AA)(aa)

 

Inserts new paragraph 23(4AA)(ab). This amendment has the effect that, for the purposes of determining whether National Green Jobs Corps supplement remains payable to a person, a person will be taken to receive parenting payment, youth allowance or newstart allowance for a certain period after that payment or allowance stops due to the person’s or their partner’s employment income.  This is consistent with the treatment of other supplements, for example, the language, literacy and numeracy supplement and the training supplement.

 

 

Item 4 – At the end of Subdivision A of Division 4 of Part 2.10

 

Inserts new section 503C.  This new section provides for the National Green Jobs Corps supplement for a person receiving parenting payment. The effect of this new section is that a person’s parenting payment will be increased by the National Green Jobs Corps supplement of $41.60 per fortnight for each fortnight where the person:

-     is receiving a parenting payment; and

-     has reached 17, but is under 25, years of age; and

-     is participating in the National Green Jobs Corps program; and

-     started participating in that program before 2012.

 

Under new subsection 503C(2) a person will be paid the National Green Jobs Corps supplement for each fortnight that contains a day on which the person has participated in the Program in the previous fortnight.

 

However, new subsection 503C(3) sets out circumstances under which a person will not be paid a supplement during a fortnight in which the person has participated in the Program. 

 

Paragraph 503C(3)(a)  provides that a person will not be paid the supplement during a fortnight in which the person participates in the Program if: a Parenting Payment Employment Pathway Plan is in force in relation to the person; and the person ceases to participate in the Program in circumstances that constitute a failure to comply with the Plan during the previous fortnight.  Thus, for example, if a person is required by their Parenting Payment Employment Pathway Plan to participate in the National Green Jobs Corps and they fully participate in the program in the first week in a fortnight but are exited from the program for inappropriate behaviour in the second week, the National Green Jobs Corps supplement will not be payable to them at all for that fortnight.

 

Paragraph 503C(3)(b) ensures that where a National Green Jobs Corps supplement and a training supplement are both payable to a person in respect of the same fortnight, only the training supplement is payable to the person.

 

 

Item 5 – After subsection 541(1B)

 

Inserts new subsection 541(1C).  Section 541 provides for when a person will satisfy the youth allowance activity test.

 

New subsection 541(1C) provides that a person satisfies the activity test in respect of a period if, throughout that period, the person is participating in the National Green Jobs Corps program.

 

 

Item 6 – After section 556A

 

Inserts new section 556B.  This new section provides for the National Green Jobs Corps supplement for a person receiving youth allowance.  The effect of this new section is that a person’s youth allowance will be increased by the National Green Jobs Corps supplement of $41.60 per fortnight for each fortnight where the person:

-     is receiving youth allowance; and

-     is only qualified for youth allowance under section 540; and

-     satisfies the Secretary that the person is not undertaking full‑time study (see section 541B); and

-     has reached 17; and

-     is participating in the National Green Jobs Corps program; and

-     started participating in that program before 2012.

 

Under new section 556B, a person will not be paid the supplement under this section if the person has ceased to be of youth allowance age.  Section 543B of the Act provides that a person has attained the maximum age for youth allowance if the person is 21 years. 

 

Also, new subsection 556B requires a person to satisfy the Secretary that the person is not undertaking full‑time study for a fortnight in order to be paid the supplement.   Section 541B of the Act sets out the requirements a person must satisfy to be undertaking full-time study.

 

Under new subsection 556B(2) a person will be paid the supplement for each fortnight that contains a day on which the person has participated in the Program in the previous fortnight.

 

New subsection 556B(3) provides that a person will not be paid the supplement during a fortnight in which the person participates in the Program if: a Youth Allowance Employment Pathway Plan is in force in relation to the person; and the person ceases to participate in the Program in circumstances that constitute a failure to comply with the Plan during the previous fortnight.  Thus, for example, if a person is required by their Youth Allowance Employment Pathway Plan to participate in the National Green Jobs Corps, and they fully participate in the Program in the first week in a fortnight but are exited from the Program for inappropriate behaviour in the second week, the National Green Jobs Corps supplement will not be payable to them at all for that fortnight.

 

 

Item 7 – After subsection 601(4C)

 

Inserts new subsection 601(4D).  Section 601 provides for when a person will satisfy the newstart activity test.

 

New subsection 601(4D) provides that a person satisfies the activity test in respect of a period if, throughout that period, the person is participating in the National Green Jobs Corps program.

 

 

Item 8 – Subsection 601(5)

 

Item 8 makes a technical amendment in relation to item 7.

 

 

Item 9 – After section 644AAA

 

Inserts new section 645.  This new section provides for the National Green Jobs Corps supplement for a person receiving newstart allowance.  The effect of this new section is that a person’s newstart allowance is to be increased by the National Green Jobs Corps supplement of $41.60 per fortnight for each fortnight where the person:

-     is receiving newstart allowance; and

-     is under 25 years of age; and

-     is participating in the National Green Jobs Corps program; and

-     started participating in that program before 2012.

 

Under new section 645, a person will not be paid the supplement under this section if the person has yet to reach 21 years of age.  Section 593 of the Act provides that a person must be at least 21 years of age to qualify for newstart allowance. 

 

Under new subsection 645(2) a person will be paid the supplement for each fortnight that contains a day on which the person has participated in the Program in the previous fortnight.

 

New subsection 645(3) sets out circumstances under which a person will not be paid a supplement during a fortnight in which the person has participated in the Program.

 

Paragraph 645(3)(a) provides that a person will not be paid the supplement during a fortnight in which the person participates in the Program if: a Newstart Employment Pathway Plan is in force in relation to the person; and the person ceases to participate in the Program in circumstances that constitute a failure to comply with the Plan during the previous fortnight.  Thus, for example, if a person is required by their Newstart Allowance Employment Pathway Plan to participate in the National Green Jobs Corps, and they fully participate in the Program in the first week in a fortnight but are exited from the Program for inappropriate behaviour in the second week, the National Green Jobs Corps supplement will not be payable to them at all for that fortnight.

 

Paragraph 645(3)(b) ensures that where a National Green Jobs Corps supplement and a training supplement are both payable to a person in respect of the same fortnight, only the training supplement is payable to the person.

 

 

Item 10 – Subsection 1049(2A)

 

Item 11 ensures that where a National Green Jobs Corps supplement (of $41.60) and a language, literacy and numeracy supplement (of $20.80) are both payable to a person in respect of the same fortnight, only the National Green Jobs Corps supplement is payable to the person.

 

 

Item 11 – 1188KA

 

Item 11 ensures that where a National Green Jobs Corps supplement (of $41.60) and a CDEP Scheme Participant Supplement (of $20.80) are both payable to a person in respect of the same fortnight, only the National Green Jobs Corps supplement is payable to the person.

 

 

Items 12 and 13 – Subparagraph 1223(7)(b)(iii)

 

This amendment provides that where a person was receiving a parenting payment, youth allowance or newstart allowance which was incorrectly increased by an amount of National Green Jobs Corps supplement to which they were not entitled, the amount of the National Green Jobs Corps supplement they received becomes a debt due to the Commonwealth.

 

This amendment will ensure that any over-payments of National Green Jobs Corps supplement are able to be recovered by the Commonwealth.