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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Family and
Community Services (2000 Budget and Related Measures) Bill
2000
No. ,
2000
(Family and Community
Services)
A Bill for an Act to make
amendments of the social security law, the family assistance law, and other
Acts, and for related purposes
ISBN: 0642 439427
Contents
Social Security Act
1991 3
A New Tax System (Family Assistance) Act
1999 12
A New Tax System (Family Assistance) (Administration) Act
1999 13
Fringe Benefits Tax Assessment Act
1986 14
Social Security Act
1991 15
Data-matching Program (Assistance and Tax) Act
1990 16
Social Security (International Agreements) Act
1999 16
A Bill for an Act to make amendments of the social
security law, the family assistance law, and other Acts, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Family and Community Services (2000
Budget and Related Measures) Act 2000.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) The following provisions:
(a) Schedule 1, except for items 20 and 21;
(b) Schedules 2 and 3;
(c) item 1 of Schedule 4;
commence on 1 January 2001.
(3) Item 2 of Schedule 4 commences on 1 March
2001.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
1 Paragraph 8(8)(zf)
Repeal the paragraph, substitute:
(zf) a payment under the ABSTUDY Scheme;
2 After subsection 8(8)
Insert:
(8A) For the purposes of the operation of section 5 in determining
whether a person is:
(a) a student child; or
(b) a dependent child of another person;
this section has effect as if paragraph (8)(zf) were not
included.
3 At the end of Subdivision B of Division 1
of Part 2.2
Add:
(1) If:
(a) a payment is made in respect of a person under the ABSTUDY Scheme;
and
(b) the payment is made on the basis that the person is a full-time
student; and
(c) in the calculation of the payment, an amount identified as living
allowance (the basic payment) is included; and
(d) the payment relates to a period;
age pension is not payable to the person in respect of any part of the
period.
(2) If:
(a) a person is qualified for a payment under the ABSTUDY Scheme;
and
(b) the payment for which the person is qualified is a payment
that:
(i) is made on the basis that the person is a full-time student;
and
(ii) is calculated on the basis that an amount identified as living
allowance (the basic payment) is included; and
(iii) relates to a period;
age pension is not payable to the person in respect of any part of the
period.
(3) If:
(a) a person may enrol in a full-time course of education; and
(b) a payment referred to in subsection (2) may be made in respect of
the person;
the Secretary may decide that, in spite of subsection (2), age pension
is payable to the person before the person starts the course.
4 After section 103
Insert:
(1) If:
(a) a payment is made in respect of a person under the ABSTUDY Scheme;
and
(b) the payment is made on the basis that the person is a full-time
student; and
(c) in the calculation of the payment, an amount identified as living
allowance (the basic payment) is included; and
(d) the payment relates to a period;
disability support pension is not payable to the person in respect of any
part of the period.
(2) If:
(a) a person is qualified for a payment under the ABSTUDY Scheme;
and
(b) the payment for which the person is qualified is a payment
that:
(i) is made on the basis that the person is a full-time student;
and
(ii) is calculated on the basis that an amount identified as living
allowance (the basic payment) is included; and
(iii) relates to a period;
disability support pension is not payable to the person in respect of any
part of the period.
(3) If:
(a) a person may enrol in a full-time course of education; and
(b) a payment referred to in subsection (2) may be made in respect of
the person;
the Secretary may decide that, in spite of subsection (2), disability
support pension is payable to the person before the person starts the
course.
5 At the end of Subdivision B of Division 1
of Part 2.4
Add:
(1) If:
(a) a payment is made in respect of a person under the ABSTUDY Scheme;
and
(b) the payment is made on the basis that the person is a full-time
student; and
(c) in the calculation of the payment, an amount identified as living
allowance (the basic payment) is included; and
(d) the payment relates to a period;
wife pension is not payable to the person in respect of any part of the
period.
(2) If:
(a) a person is qualified for a payment under the ABSTUDY Scheme;
and
(b) the payment for which the person is qualified is a payment
that:
(i) is made on the basis that the person is a full-time student;
and
(ii) is calculated on the basis that an amount identified as living
allowance (the basic payment) is included; and
(iii) relates to a period;
wife pension is not payable to the person in respect of any part of the
period.
(3) If:
(a) a person may enrol in a full-time course of education; and
(b) a payment referred to in subsection (2) may be made in respect of
the person;
the Secretary may decide that, in spite of subsection (2), wife
pension is payable to the person before the person starts the course.
6 At the end of Subdivision B of Division 1
of Part 2.5
Add:
(1) If:
(a) a payment is made in respect of a person under the ABSTUDY Scheme;
and
(b) the payment is made on the basis that the person is a full-time
student; and
(c) in the calculation of the payment, an amount identified as living
allowance (the basic payment) is included; and
(d) the payment relates to a period;
carer payment is not payable to the person in respect of any part of the
period.
(2) If:
(a) a person is qualified for a payment under the ABSTUDY Scheme;
and
(b) the payment for which the person is qualified is a payment
that:
(i) is made on the basis that the person is a full-time student;
and
(ii) is calculated on the basis that an amount identified as living
allowance (the basic payment) is included; and
(iii) relates to a period;
carer payment is not payable to the person in respect of any part of the
period.
(3) If:
(a) a person may enrol in a full-time course of education; and
(b) a payment referred to in subsection (2) may be made in respect of
the person;
the Secretary may decide that, in spite of subsection (2), carer
payment is payable to the person before the person starts the course.
7 At the end of Subdivision B of Division 1
of Part 2.7
Add:
(1) If:
(a) a payment is made in respect of a person under the ABSTUDY Scheme;
and
(b) the payment is made on the basis that the person is a full-time
student; and
(c) in the calculation of the payment, an amount identified as living
allowance (the basic payment) is included; and
(d) the payment relates to a period;
bereavement allowance is not payable to the person in respect of any part
of the period.
(2) If:
(a) a person is qualified for a payment under the ABSTUDY Scheme;
and
(b) the payment for which the person is qualified is a payment
that:
(i) is made on the basis that the person is a full-time student;
and
(ii) is calculated on the basis that an amount identified as living
allowance (the basic payment) is included; and
(iii) relates to a period;
bereavement allowance is not payable to the person in respect of any part
of the period.
(3) If:
(a) a person may enrol in a full-time course of education; and
(b) a payment referred to in subsection (2) may be made in respect of
the person;
the Secretary may decide that, in spite of subsection (2), bereavement
allowance is payable to the person before the person starts the
course.
8 At the end of Subdivision B of Division 1
of Part 2.8
Add:
(1) If:
(a) a payment is made in respect of a person under the ABSTUDY Scheme;
and
(b) the payment is made on the basis that the person is a full-time
student; and
(c) in the calculation of the payment, an amount identified as living
allowance (the basic payment) is included; and
(d) the payment relates to a period;
widow B pension is not payable to the person in respect of any part of the
period.
(2) If:
(a) a person is qualified for a payment under the ABSTUDY Scheme;
and
(b) the payment for which the person is qualified is a payment
that:
(i) is made on the basis that the person is a full-time student;
and
(ii) is calculated on the basis that an amount identified as living
allowance (the basic payment) is included; and
(iii) relates to a period;
widow B pension is not payable to the person in respect of any part of the
period.
(3) If:
(a) a person may enrol in a full-time course of education; and
(b) a payment referred to in subsection (2) may be made in respect of
the person;
the Secretary may decide that, in spite of subsection (2), widow B
pension is payable to the person before the person starts the course.
9 Paragraph 408CF(4)(a)
Omit “Tertiary”.
10 Paragraph 500V(2)(b)
Omit “Tertiary”.
11 Subsection 500V(3)
Repeal the subsection.
12 After section 500V
Insert:
(1) If:
(a) a payment is made in respect of a person under the ABSTUDY Scheme;
and
(b) the payment is made on the basis that the person is a full-time
student; and
(c) in the calculation of the payment, an amount identified as living
allowance (the basic payment) is included; and
(d) the payment relates to a period;
pension PP (single) is not payable to the person in respect of any part of
the period.
(2) If:
(a) a person is qualified for a payment under the ABSTUDY Scheme;
and
(b) the payment for which the person is qualified is a payment
that:
(i) is made on the basis that the person is a full-time student;
and
(ii) is calculated on the basis that an amount identified as living
allowance (the basic payment) is included; and
(iii) relates to a period;
pension PP (single) is not payable to the person in respect of any part of
the period.
(3) If:
(a) a person may enrol in a full-time course of education; and
(b) a payment referred to in subsection (2) may be made in respect of
the person;
the Secretary may decide that, in spite of subsection (2), pension PP
(single) is payable to the person before the person starts the course.
13 Paragraph 552A(1)(a)
Omit “Tertiary”.
14 Paragraph 578A(1)(a)
Omit “Tertiary”.
15 Paragraph 614(4)(a)
Omit “Tertiary”.
16 Subparagraph
660XCG(1)(a)(i)
Omit “Tertiary”.
17 Paragraph 660YCG(1)(a)
Omit “Tertiary”.
18 Paragraph 686(5)(a)
Omit “Tertiary”.
19 Paragraph 738(1)(c)
Omit “Tertiary”.
20 Subparagraph
1067G-F3(c)(i)
Repeal the subparagraph.
21 Paragraph 1068B-B2(c)
Repeal the paragraph.
22 At the end of
Schedule 1A
Add:
(1) If, immediately before 1 January 2001, a person was
receiving:
(a) a relevant pension; and
(b) a payment under a provision of the ABSTUDY Scheme made on the basis
that the person was a full-time student;
this clause applies to the person.
(2) In spite of the amendments of this Act made by Schedule 1 to the
Family and Community Services (2000 Budget and Related Measures) Act
2000:
(a) the person does not cease to be qualified for the relevant pension by
reason only of those amendments; and
(b) if the person continues, on and after 1 January 2001, to receive
the same payment under the ABSTUDY Scheme, that payment (except where it is a
payment of a pensioner education supplement) is to be taken, for the purposes of
this Act, to be income paid to, or on behalf of, the person.
(3) In this clause:
relevant pension means:
(a) age pension; or
(b) bereavement allowance; or
(c) carer payment; or
(d) disability support pension; or
(e) pension PP (single); or
(f) widow B pension; or
(g) wife pension.
A New Tax System (Family
Assistance) Act 1999
1 Subsection 3(1)
Insert:
non-standard hours in-home care means hours of care provided
by an in-home care service at times that are identified in the service’s
conditions of approval as being non-standard hours of the service.
2 Subsection 3(1)
Insert:
part-time in-home care means standard hours in-home care
provided by an in-home care service for a child in a week during which the
service provides a total of less than 50 hours of standard hours in-home care
for the child.
3 Subsection 3(1)
Insert:
standard hours in-home care means hours of care provided by
an in-home care service at times that are identified in the service’s
conditions of approval as being standard hours of care.
4 Subclause 4(1) of Schedule 2 (cell at
table item 1, column headed “Kind of care provided in
hour”)
Repeal the cell, substitute:
|
|
Care other than: |
5 Subclause 4(1) of Schedule 2 (table
items 2 and 3)
Repeal the items, substitute:
|
2 |
Part-time family day care or part-time in-home care |
The lesser of: |
|
3 |
Non-standard hours family day care or non-standard hours in-home
care |
One and a third times the item 1 rate |
6 Clause 2 of Schedule 4 (table
item 18)
Omit all the words in column 1, substitute:
|
Standard hourly rate of child care benefit for care other than: |
A New Tax System (Family
Assistance) (Administration) Act 1999
7 Subsection 3(1) (after paragraph (b) of
the definition of approved child care service)
Insert:
(ba) an approved in-home care service; or
8 Subsection 3(1)
Insert:
approved in-home care service means an in-home care service
in respect of which an approval as an in-home care service is in force under
Division 1 of Part 8.
9 After paragraph 194(1)(b)
Insert:
(ba) an in-home care service;
10 At the end of subsection
209(2)
Add:
; or (d) provides child care under a contract with an approved in-home
care service.
Fringe Benefits Tax
Assessment Act 1986
11 Subparagraph
47(8)(a)(vii)
Omit “and”, substitute “or”.
12 At the end of paragraph
47(8)(a)
Add:
(viii) an approved in-home care service within the meaning of the A New
Tax System (Family Assistance) (Administration) Act 1999; and
1 Subsection 547G(2)
Omit “50%”, substitute “75%”.
Data-matching Program
(Assistance and Tax) Act 1990
1 Section 7 (paragraph 7 of step
3)
Omit “2 financial years”, substitute “ 4 financial
years”.
Social Security
(International Agreements) Act 1999
2 At the end of Part 2
Add:
On and after 1 March 2001, the social security law has effect, in
relation to a person who last became an Australian resident on or before
1 March 2000, as if the agreement the text of which is set out in
Schedule 1 had not been terminated.