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This is a Bill, not an Act. For current law, see the Acts databases.
2004
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Family
and Community Services and Veterans’ Affairs Legislation Amendment (2004
Election Commitments) Bill 2004
No. ,
2004
(Family and Community
Services)
A Bill for an Act to amend the
law relating to social security, veterans’ entitlements and family
assistance, and for related purposes
Contents
Part 1—Amendments relating to Family and Community
Services’ payment of utilities
allowance 4
Income Tax Assessment Act
1997 4
Social Security Act
1991 4
Social Security (Administration) Act
1999 8
Part 2—Amendments relating to Veterans’ Affairs’
payment of utilities
allowance 11
Income Tax Assessment Act
1997 11
Social Security Act
1991 11
Veterans’ Entitlements Act
1986 11
Part 1—Amendments relating to Family and Community
Services’ payment of seniors concession
allowance 19
Division 1—Amendments 19
Income Tax Assessment Act
1997 19
Social Security Act
1991 19
Social Security (Administration) Act
1999 22
Division 2—Transitional
provision 23
Part 2—Amendments relating to Veterans’ Affairs’
payment of seniors concession
allowance 25
Division 1—Amendments 25
Income Tax Assessment Act
1997 25
Social Security Act
1991 25
Veterans’ Entitlements Act
1986 25
Division 2—Transitional
provision 29
Social Security Act
1991 31
A New Tax System (Family Assistance) Act
1999 32
A New Tax System (Family Assistance) (Administration) Act
1999 34
Veterans’ Entitlements Act
1986 52
A Bill for an Act to amend the law relating to social
security, veterans’ entitlements and family assistance, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Family and Community Services and
Veterans’ Affairs Legislation Amendment (2004 Election Commitments) Act
2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Schedule 1 |
The earlier of: (a) the day on which this Act receives the Royal Assent; and (b) 1 December 2004. |
|
|
3. Schedule 2, items 1 to 21 |
The earlier of: (a) the day on which this Act receives the Royal Assent; and (b) 1 December 2004. |
|
|
4. Schedule 2, items 22 and 23 |
Immediately after the commencement of item 25 of Schedule 1 to
this Act. |
|
|
5. Schedule 2, item 24 |
The earlier of: (a) the day on which this Act receives the Royal Assent; and (b) 1 December 2004. |
|
|
6. Schedule 3 |
1 April 2005. |
1 April 2005 |
|
7. Schedule 4 |
1 January 2005. |
1 January 2005 |
|
8. Schedule 5 |
1 January 2005. |
1 January 2005 |
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
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.
Part 1—Amendments
relating to Family and Community Services’ payment of utilities
allowance
Income Tax Assessment Act
1997
1 Section 52-10 (after table
item 31.1)
Insert:
|
31A.1 |
Utilities |
Exempt |
Exempt |
Not applicable |
Not applicable |
2 Section 52-40 (after table
item 31)
Insert:
|
31A |
Utilities allowance |
Part 2.25A |
Not applicable |
Not applicable |
3 Subsection 23(1)
Insert:
utilities allowance means utilities allowance under
Part 2.25A.
4 After Part 2.25 of
Chapter 2
Insert:
A person is qualified for utilities allowance if the person:
(a) has reached pension age; and
(b) is receiving an income support payment; and
(c) either:
(i) is in Australia; or
(ii) is temporarily absent from Australia and has been so for a continuous
period not exceeding 13 weeks.
(1) Utilities allowance is payable to a person in relation to each
utilities allowance test day on which the person is qualified for the
allowance.
(2) However, utilities allowance is not payable to the person in relation
to that day if:
(a) a service pension or an income support supplement is payable to the
person on that day; or
(b) before that day, 2 instalments of any, or any combination, of the
following allowances were payable to the person in the financial year in which
that day occurs:
(i) utilities allowance under this Act;
(ii) utilities allowance under the Veterans’ Entitlements
Act;
(iii) seniors concession allowance under this Act;
(iv) seniors concession allowance under the Veterans’ Entitlements
Act; or
(c) before that day:
(i) the person had elected not to be covered by this Part; and
(ii) that election had not been withdrawn.
(3) In this section:
utilities allowance test day means:
(a) 20 March; and
(b) 20 September.
A person’s annual rate of utilities allowance is worked out using
the following table:
|
Utilities allowance rate table |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Item |
Person’s situation |
Annual rate |
|
1 |
not a member of a couple |
$100 |
|
2 |
member of an illness separated couple |
$100 |
|
3 |
member of a respite care couple |
$100 |
|
4 |
member of a temporarily separated couple |
$100 |
|
5 |
member of a couple (other than an illness separated couple, respite care
couple or temporarily separated couple) |
half the rate specified in column 3 of item 1 |
Note: The annual rates of utilities allowance are indexed
twice a year in line with CPI increases (see sections 1191 to
1194).
5 Section 1190 (after table
item 56)
Insert:
|
56A. |
Rate of utilities allowance for a person who is not a member of a
couple |
UA “single” rate |
[section 1061TB—Table—column
3—item 1] |
|
56B. |
Rate of utilities allowance for a member of an illness separated
couple |
UA “partnered” (item 2) rate |
[section 1061TB—Table—column
3—item 2] |
|
56C. |
Rate of utilities allowance for a member of a respite care couple |
UA “partnered” (item 3) rate |
[section 1061TB—Table—column
3—item 3] |
|
56D. |
Rate of utilities allowance for a member of a temporarily separated
couple |
UA “partnered” (item 4) rate |
[section 1061TB—Table—column
3—item 4] |
6 Subsection 1191(1) (after table
item 33)
Insert:
|
33AA |
UA “single” rate |
(a) 20 March (b) 20 September |
(a) December (b) June |
highest June or December quarter before reference quarter (but not earlier
than June quarter 1991) |
$0.40 |
|
33AB |
UA “partnered” (item 2) rate |
(a) 20 March (b) 20 September |
(a) December (b) June |
highest June or December quarter before reference quarter (but not earlier
than June quarter 1991) |
$0.40 |
|
33AC |
UA “partnered” (item 3) rate |
(a) 20 March (b) 20 September |
(a) December (b) June |
highest June or December quarter before reference quarter (but not earlier
than June quarter 1991) |
$0.40 |
|
33AD |
UA “partnered” (item 4) rate |
(a) 20 March (b) 20 September |
(a) December (b) June |
highest June or December quarter before reference quarter (but not earlier
than June quarter 1991) |
$0.40 |
7 After subsection 1192(5)
Insert:
(6) The first indexation of amounts under items 33AA, 33AB, 33AC and
33AD of the CPI Indexation Table in subsection 1191(1) is to take place on
20 September 2005.
Social Security
(Administration) Act 1999
8 After section 12B
Insert:
A claim is not required for utilities allowance.
9 After section 48
Insert:
(1) Utilities allowance is to be paid by instalments.
(2) If utilities allowance is payable to a person in relation to a
utilities allowance test day, then an instalment of the allowance is to be paid
to the person on the person’s first payday on or after that test
day.
(3) The amount of an instalment of utilities allowance is worked out by
dividing the amount of the annual rate of utilities allowance by 2.
(4) In this section:
utilities allowance test day means:
(a) 20 March; and
(b) 20 September.
10 Subsection 55(1)
After “48”, insert “, 48A”.
11 Subsection 68(1)
After “payment”, insert “(other than utilities allowance
or seniors concession allowance)”.
12 Subsection 69(1)
After “payment” (last occurring), insert “(other than
utilities allowance or seniors concession allowance)”.
13 Paragraph 75(1)(b)
After “payment”, insert “(other than utilities allowance
or seniors concession allowance)”.
14 Before section 78
Insert:
This Subdivision does not apply in relation to utilities allowance and
seniors concession allowance.
15 Before section 90
Insert:
This Subdivision does not apply in relation to utilities allowance and
seniors concession allowance.
16 Section 123A (at the end of the definition
of relevant payment)
Add:
; or (d) instalments of utilities allowance; or
(e) instalments of seniors concession allowance.
Part 2—Amendments
relating to Veterans’ Affairs’ payment of utilities
allowance
Income Tax Assessment Act
1997
17 Section 52-65 (after table
item 20.1)
Insert:
|
20A.1 |
Utilities allowance |
Exempt |
Not applicable |
18 Section 52-75 (after table
item 20)
Insert:
|
20A |
Utilities allowance |
Part VIIAC |
Not applicable |
19 After subparagraph
8(8)(y)(vii)
Insert:
(viia) utilities allowance under Part VIIAC of that Act; or
Veterans’
Entitlements Act 1986
20 After paragraph 5H(8)(g)
Insert:
(ga) a payment under Part VIIAC (utilities allowance);
21 Subsection 5Q(1)
Insert:
utilities allowance means utilities allowance under
Part VIIAC.
22 After Part VIIAB
Insert:
In this Part:
utilities allowance test day means:
(a) 20 March; and
(b) 20 September.
(1) A person is eligible for utilities allowance if:
(a) the person has reached qualifying age (see subsection (2);
and
(b) a service pension or an income support supplement is payable to the
person; and
(c) the person:
(i) is in Australia; or
(ii) is temporarily absent from Australia and has been so for a continuous
period not exceeding 13 weeks.
(2) For the purposes of paragraph (1)(a), the qualifying age for a
person is:
(a) if the person is a veteran—the pension age for that person;
or
(b) if the person is not a veteran—the age that would be the pension
age for that person if he or she were a veteran.
Note: For pension age see
section 5QA.
(1) Utilities allowance is payable to a person in relation to each
utilities allowance test day on which the person is eligible for the
allowance.
(2) However, utilities allowance is not payable to the person in relation
to that day if:
(a) before that day, 2 instalments of any, or any combination, of the
following allowances were payable to the person in the financial year in which
that day occurs:
(i) utilities allowance under this Act;
(ii) utilities allowance under the Social Security Act;
(iii) seniors concession allowance under this Act;
(iv) seniors concession allowance under the Social Security Act;
or
(b) before that day:
(i) the person had elected not to be covered by this Part; and
(ii) that election had not been withdrawn.
(3) An election, or a withdrawal of an election, under
paragraph (2)(b):
(a) must be by document lodged at an office of the Department in Australia
in accordance with section 5T; and
(b) is taken to have been made on a day determined under that
section.
A person’s annual rate of utilities allowance is worked out using
the following table:
|
Utilities allowance rate table |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Item |
Person’s situation |
Annual rate |
|
1 |
not a member of a couple |
$100 |
|
2 |
member of an illness separated couple |
$100 |
|
3 |
member of a respite care couple |
$100 |
|
4 |
member of a couple (other than an illness separated couple or a respite
care couple) |
half the rate specified in column 3 of item 1 |
Note: The annual rates of utilities allowance are indexed
twice a year in line with CPI increases (see
section 198E).
(1) Utilities allowance is to be paid by instalments.
(2) If utilities allowance is payable to a person in relation to a
utilities allowance test day, then an instalment of the allowance is to be paid
to the person on the person’s first pension payday on or after that test
day.
(3) The amount of an instalment of utilities allowance is worked out by
dividing the amount of the annual rate of utilities allowance by 2.
(4) If the amount of the instalment is not a multiple of 10 cents, the
amount is to be increased to the nearest multiple of 10 cents.
23 Subsection 121(7) (definition of
pension)
Omit “or loss of earnings allowance under section 108”,
substitute “, loss of earnings allowance under section 108, utilities
allowance under Part VIIAC or seniors concession allowance under
Part VIIAD”.
24 Subsection 128A(1) (paragraph (d) of the
definition of income payment)
After “allowance”, insert “(other than utilities
allowance or seniors concession allowance)”.
25 After section 198D
Insert:
Rates in table to be indexed under this section
(1) A rate referred to in the following table is to be indexed under this
section on each indexation day for the rate, using the reference quarter and
base quarter for the rate and indexation day and rounding off to the nearest
multiple of the rounding base:
|
Indexation table |
|||||
|---|---|---|---|---|---|
|
Column Item |
Column Rate |
Column Indexation days |
Column Reference quarter (most recent before indexation day) |
Column Base quarter |
Column Rounding base |
|
1 |
Rate of utilities allowance under item 1, column 3 of the table in
section 118OC (single) |
(a) 20 March (b) 20 September |
(a) December (b) June |
highest June or December quarter before reference quarter (but not earlier
than June quarter 1991) |
$0.40 |
|
2 |
Rate of utilities allowance under item 2, column 3 of the table in
section 118OC (illness separated couple) |
(a) 20 March (b) 20 September |
(a) December (b) June |
highest June or December quarter before reference quarter (but not earlier
than June quarter 1991) |
$0.40 |
|
3 |
Rate of utilities allowance under item 3, column 3 of the table in
section 118OC (respite care couple) |
(a) 20 March (b) 20 September |
(a) December (b) June |
highest June or December quarter before reference quarter (but not earlier
than June quarter 1991) |
$0.40 |
Indexed rate substituted for the previous rate
(2) If a rate is to be indexed under this section on an indexation day,
this Act has effect as if the indexed rate were substituted for that rate on
that day.
How to work out the indexed rate
(3) This is how to work out the indexed rate for a rate that is to be
indexed under this section on an indexation day:
Method statement
Step 1. Use subsections (4), (5) and (6) to work out the
indexation factor for the rate on the indexation day.
Step 2. Work out the current figure for the rate immediately before
the indexation day.
Step 3. Multiply the current figure by the indexation factor: the
result is the provisional indexed rate.
Step 4. Use subsections (7), (8) and (9) to round off the
provisional indexed rate: the result is the indexed
rate.
Note: For current figure see
subsection (12).
Indexation factor
(4) Subject to subsections (5) and (6), the indexation factor for a
rate that is to be indexed under this section on an indexation day
is:
worked out to 3 decimal places.
Note 1: For index number see
subsection (12).
Note 2: For reference quarter and base
quarter see the table in subsection (1).
(5) If an indexation factor worked out under subsection (4) would, if
it were worked out to 4 decimal places, end in a number that is greater than 4,
the indexation factor is to be increased by 0.001.
(6) If an indexation factor worked out under subsections (4) and (5)
would be less than 1, the indexation factor is to be increased to 1.
Rounding
(7) If a provisional indexed rate is a multiple of the rounding base, the
provisional indexed rate becomes the indexed rate.
Note: For provisional indexed rate see step 3
in subsection (3).
(8) Subject to subsection (9), if a provisional indexed rate is not a
multiple of the rounding base, the indexed rate is the provisional indexed rate
rounded up or down to the nearest multiple of the rounding base.
(9) If a provisional indexed rate is not a multiple of the rounding base
but is a multiple of half the rounding base, the indexed rate is the provisional
indexed rate rounded up to the nearest multiple of the rounding base.
When first indexation is to take place
(10) The first indexation of the rates specified in items 1, 2 and 3
of the table in subsection (1) is to take place on 20 September
2005.
(11) Subsections 198D(2) and (3) also apply for the purposes of this
section.
Definitions
(12) In this section:
current figure, as at a particular time and in relation to a
rate that is to be indexed under this section, means:
(a) if the rate has not yet been indexed under this section before that
time—the rate; and
(b) if the rate has been indexed under this section before that
time—the rate most recently substituted for the rate under this section
before that time.
highest of a group of quarters, in relation to a group of
quarters, means the quarter in that group that has the highest index
number.
index number, in relation to a quarter, means the All Groups
Consumer Price Index number that is the weighted average of the 8 capital cities
and is published by the Australian Statistician in respect of that
quarter.
Part 1—Amendments
relating to Family and Community Services’ payment of seniors concession
allowance
Income Tax Assessment Act
1997
1 Section 52-10 (after table
item 22A.1)
Insert:
|
22B.1 |
Seniors concession allowance |
Exempt |
Exempt |
Not applicable |
Not applicable |
2 Section 52-40 (after table
item 22A)
Insert:
|
22B |
Seniors concession allowance |
Part 2.25B |
Not applicable |
Not applicable |
3 Subsection 23(1)
Insert:
seniors concession allowance means seniors concession
allowance under Part 2.25B.
4 Before Part 2.26 of
Chapter 2
Insert:
A person is qualified for seniors concession allowance if:
(a) the person is the holder of a seniors health card and is in Australia;
or
(b) all of the following apply to the person:
(i) the person is temporarily absent from Australia;
(ii) the person has been so for a continuous period not exceeding 13
weeks;
(iii) the person was the holder of a seniors health card immediately
before leaving Australia.
(1) Seniors concession allowance is payable to a person in relation to
each seniors concession allowance test day on which the person is qualified for
the allowance.
(2) However, seniors concession allowance is not payable to the person in
relation to that day if:
(a) before that day, 2 instalments of any, or any combination, of the
following allowances were payable to the person in the financial year in which
that day occurs:
(i) seniors concession allowance under this Act;
(ii) seniors concession allowance under the Veterans’ Entitlements
Act;
(iii) utilities allowance under this Act;
(iv) utilities allowance under the Veterans’ Entitlements Act;
or
(b) before that day:
(i) the person had elected not to be covered by this Part; and
(ii) that election had not been withdrawn; or
(c) subsection 55(5) (failing to nominate a bank account) of the
Administration Act applies to the person.
(3) In this section:
seniors concession allowance test day means:
(a) 1 June; and
(b) 1 December.
A person’s annual rate of seniors concession allowance is
$200.
Note: The annual rate of seniors concession allowance is
indexed twice a year in line with CPI increases (see sections 1191 to
1194).
5 Paragraph 1061ZG(1)(f)
After “pension”, insert “or an income support
supplement”.
6 After paragraph 1061ZG(2)(a)
Insert:
(aa) on that day the person is the holder of a seniors health card under
the Veterans’ Entitlements Act; or
7 Section 1190 (before table
item 57)
Insert:
|
56E. |
Rate of seniors concession allowance |
SCA |
[section 1061UB] |
8 Subsection 1191(1) (before table
item 34)
Insert:
|
33AE |
SCA |
(a) 1 June (b) 1 December |
(a) March (b) September |
highest March or September quarter before reference quarter (but not
earlier than September quarter 1991) |
$0.40 |
9 Before subsection 1192(7)
Insert:
(6A) The first indexation of an amount under item 33AE of the CPI
Indexation Table in subsection 1191(1) is to take place on 1 June
2005.
Social Security
(Administration) Act 1999
10 Before section 13
Insert:
A claim is not required for seniors concession allowance.
11 Before section 49
Insert:
(1) Seniors concession allowance is to be paid by instalments.
(2) An instalment of seniors concession allowance is to be paid to a
person as soon as is reasonably practicable on or after the seniors concession
allowance test day in relation to which the allowance is payable to the
person.
(3) The amount of an instalment of seniors concession allowance is worked
out by dividing the amount of the annual rate of seniors concession allowance by
2.
(4) In this section:
seniors concession allowance test day means:
(a) 1 June; and
(b) 1 December.
12 Subsection 55(1)
Before “or 50”, insert “, 48B”.
Division 2—Transitional
provision
13 Special payment of seniors concession allowance
in December 2004
(1) In this item:
1 December test day means the seniors concession
allowance test day that occurs on 1 December 2004.
Administration Act means the Social Security
(Administration) Act 1999 as amended by this Schedule and Schedule 1 to
this Act.
seniors concession allowance means seniors concession
allowance under Part 2.25B of the Act.
seniors concession allowance test day has the meaning given
by subsection 1061UA(3) of the Act.
social security law means the social security law (within the
meaning of subsection 23(17) of the Act) as amended by this Schedule and
Schedule 1 to this Act.
the Act means the Social Security Act 1991 as amended
by this Schedule and Schedule 1 to this Act.
transitional day means a day in December 2004 (other than
1 December 2004).
Veterans’ Entitlements Act means the Veterans’
Entitlements Act 1986 as amended by this Schedule and Schedule 1 to
this Act.
(2) Transitional seniors concession allowance is payable under this item to
a person in relation to the transitional day if:
(a) seniors concession allowance would be payable to the person under
section 1061UA of the Act in relation to the transitional day if that day
were a seniors concession allowance test day; and
(b) seniors concession allowance was not payable to the person under
section 1061UA of the Act in relation to the 1 December test
day.
(3) Transitional seniors concession allowance is payable only once in
relation to December 2004.
(4) If transitional seniors concession allowance is payable to a person in
relation to the transitional day, the person is to be paid an instalment of the
allowance as soon as is reasonably practicable on or after the transitional day.
The amount of the instalment is $100.
(5) For the purposes of the social security law, the Veterans’
Entitlements Act and the Income Tax Assessment Act 1997:
(a) transitional seniors concession allowance payable under this item in
relation to the transitional day is to be treated as if it were seniors
concession allowance payable under Part 2.25B of the Act in relation to the
1 December test day; and
(b) an instalment of transitional seniors concession allowance paid under
this item in relation to the transitional day is to be treated as if it were a
payment of an instalment of seniors concession allowance under section 49B
of the Administration Act in relation to the 1 December test day.
(6) The Consolidated Revenue Fund is appropriated for the purposes of this
item.
Part 2—Amendments
relating to Veterans’ Affairs’ payment of seniors concession
allowance
Income Tax Assessment Act
1997
14 Section 52-65 (after table
item 16.1)
Insert:
|
16A.1 |
Seniors concession allowance |
Exempt |
Not applicable |
15 Section 52-75 (after table
item 16)
Insert:
|
16A |
Seniors concession allowance |
Part VIIAD |
Not applicable |
16 Before subparagraph
8(8)(y)(viii)
Insert:
(viib) seniors concession allowance under Part VIIAD of that Act;
or
Veterans’
Entitlements Act 1986
17 Before paragraph 5H(8)(ha)
Insert:
(gb) a payment under Part VIIAD (seniors concession
allowance);
18 Subsection 5Q(1)
Insert:
seniors concession allowance means seniors concession
allowance under Part VIIAD.
19 Before Part VIIB
Insert:
In this Part:
seniors concession allowance test day means:
(a) 1 June; and
(b) 1 December.
A person is eligible for seniors concession allowance if:
(a) the person is the holder of a seniors health card and is in Australia;
or
(b) all of the following apply to the person:
(i) the person is temporarily absent from Australia;
(ii) the person has been so for a continuous period not exceeding 13
weeks;
(iii) the person was the holder of a seniors health card immediately
before leaving Australia.
(1) Seniors concession allowance is payable to a person in relation to
each seniors concession allowance test day on which the person is eligible for
the allowance.
(2) However, seniors concession allowance is not payable to the person in
relation to that day if:
(a) before that day, 2 instalments of any, or any combination, of the
following allowances were payable to the person in the financial year in which
that day occurs:
(i) seniors concession allowance under this Act;
(ii) seniors concession allowance under the Social Security Act;
(iii) utilities allowance under this Act;
(iv) utilities allowance under the Social Security Act; or
(b) before that day:
(i) the person had elected not to be covered by this Part; and
(ii) that election had not been withdrawn; or
(c) subsection 122A(1C) (failing to nominate a bank account) applies to
the person.
(3) An election, or a withdrawal of an election, under
paragraph (2)(b):
(a) must be by document lodged at an office of the Department in Australia
in accordance with section 5T; and
(b) is taken to have been made on a day determined under that
section.
A person’s annual rate of seniors concession allowance is
$200.
Note: The annual rate of seniors concession allowance is
indexed twice a year in line with CPI increases (see
section 198E).
(1) Seniors concession allowance is to be paid by instalments.
(2) An instalment of seniors concession allowance is to be paid to a
person as soon as is reasonably practicable on or after the seniors concession
allowance test day in relation to which the allowance is payable to the
person.
(3) The amount of an instalment of seniors concession allowance is worked
out by dividing the amount of the annual rate of seniors concession allowance by
2.
(4) If the amount of the instalment is not a multiple of 10 cents, the
amount is to be increased to the nearest multiple of 10 cents.
20 Subsection 122A(1A)
After “If”, insert “the payment is of an amount of
pension that is not seniors concession allowance and”.
21 After subsection 122A(1B)
Insert:
(1C) If the payment is of an amount of seniors concession allowance and
the person has not nominated an account for the purposes of subsection (1)
by the end of the period of 28 days (or such longer period determined by the
Commission) starting on the day on which the Commission requested the person to
do so, the allowance ceases to be payable to the person.
(1D) However, if the person referred to in subsection (1C) nominates
an account for the purposes of subsection (1) after the end of the 28 day
or other period, then subsection (1C) ceases to apply to the person on the
day the person does so.
22 Subsection 198E(1) (at the end of the
table)
Add:
|
4 |
Rate of seniors concession allowance under section 118PC |
(a) 1 June (b) 1 December |
(a) March (b) September |
highest March or September quarter before reference quarter (but not
earlier than September quarter 1991) |
$0.40 |
23 After subsection 198E(10)
Insert:
(10A) The first indexation of the rates specified in item 4 of the
table in subsection (1) is to take place on 1 June 2005.
Note: The heading to section 198E is altered by
inserting “and seniors concession allowance” after
“utilities allowance”.
Division 2—Transitional
provision
24 Special payment of seniors concession allowance
in December 2004
(1) In this item:
1 December test day means the seniors concession
allowance test day that occurs on 1 December 2004.
seniors concession allowance means seniors concession
allowance under Part VIIAD of the Act.
seniors concession allowance test day has the meaning given
by section 118P of the Act.
Social Security Act means the Social Security Act 1991
as amended by this Schedule and Schedule 1 to this Act.
social security law means the social security law (within the
meaning of subsection 23(17) of the Social Security Act) as amended by this
Schedule and Schedule 1 to this Act.
the Act means the Veterans’ Entitlements Act
1986 as amended by this Schedule and Schedule 1 to this Act.
transitional day means a day in December 2004 (other than
1 December 2004).
(2) Transitional seniors concession allowance is payable under this item to
a person in relation to the transitional day if:
(a) seniors concession allowance would be payable to the person under
section 118PB of the Act in relation to the transitional day if that day
had been a seniors concession allowance test day; and
(b) seniors concession allowance was not payable to the person under
section 118PB of the Act in relation to the 1 December test
day.
(3) Transitional seniors concession allowance is payable only once in
relation to December 2004.
(4) If transitional seniors concession allowance is payable to a person in
relation to the transitional day, the person is to be paid an instalment of the
allowance as soon as is reasonably practicable on or after the transitional day.
The amount of the instalment is $100.
(5) For the purposes of the Act, the social security law and the Income
Tax Assessment Act 1997:
(a) transitional seniors concession allowance payable under this item in
relation to the transitional day is to be treated as if it were seniors
concession allowance payable under Part VIIAD of the Act in relation to the
1 December test day; and
(b) an instalment of transitional seniors concession allowance paid under
this item in relation to the transitional day is to be treated as if it were a
payment of an instalment of seniors concession allowance under Part VIIAD
of the Act in relation to the 1 December test day.
(6) The Consolidated Revenue Fund is appropriated for the purposes of this
item.
1 Paragraphs 198AC(4)(c) and
(5)(c)
Omit “20”, substitute “25”.
2 Application
The amendments made by item 1 apply to training, education, unpaid
voluntary work or paid employment undertaken in a week commencing on or after
the commencement of that item.
A New Tax System (Family
Assistance) Act 1999
1 Subsection 3(1) (paragraph (b) of the
definition of receiving)
After “social security benefit in”, insert
“sections 50S and 50T of the Family Assistance Administration Act
and”.
2 Subsection 3(1) (paragraph (c) of the
definition of receiving)
After “social security benefit in”, insert
“sections 50S and 50T of the Family Assistance Administration Act
and”.
3 Subsection 69(1)
Omit “and C”, substitute “, C and CA”.
4 Subsection 69(2)
After “Subdivision C”, insert “or CA”.
5 After subsection 69(4)
Insert:
(4A) Subdivision CA deals with the rate of fee reduction, and child care
benefit by fee reduction, applicable in respect of a session of care provided by
an approved child care service to a child if:
(a) a determination of conditional eligibility is in force in respect of
an individual with the effect that the individual is conditionally eligible for
child care benefit by fee reduction in respect of the child; and
(b) a determination is in force under subsection 50T(1) of the Family
Assistance Administration Act with the effect that the individual is eligible
for the special grandparent rate for the child.
6 Paragraph 73(1)(a)
Omit “or (c)”, substitute “, (c) or (d)”.
7 Paragraph 73(1)(a)
After “hardship”, insert “and special grandparent rate
does not apply”.
8 At the end of subsection
73(1)
Add:
; or (d) if a determination under subsection 50T(1) of the Family
Assistance Administration Act with the effect that the individual is eligible
for the special grandparent rate for the child is in force when the session of
care is provided to the child—worked out under Subdivision CA.
9 Paragraph 73(2)(a)
Omit “or (c)”, substitute “, (c) or (d)”.
10 Paragraph 73(2)(a)
After “hardship”, insert “and special grandparent rate
does not apply”.
11 At the end of subsection
73(2)
Add:
; or (d) if a determination under subsection 50T(1) of the Family
Assistance Administration Act with the effect that the individual is eligible
for the special grandparent rate for the child is in force when the session of
care is provided to the child—worked out under Subdivision CA.
12 Subsection 73(3)
Omit “or (c)”, substitute “, (c) or (d)”.
13 After Subdivision C of Division 4 of
Part 4
Insert:
If a determination is in force under subsection 50T(1) of the Family
Assistance Administration Act with the effect that an individual is eligible for
the special grandparent rate for the child in respect of a session of care
provided to the child by an approved child care service, the individual’s
hourly rate of fee reductions, and of child care benefit by fee reduction, for
the session is equal to 100% of the hourly rate charged by the service for the
session.
A New Tax System (Family
Assistance) (Administration) Act 1999
14 After paragraph 49C(2)(c)
Insert:
(ca) information needed by the Secretary to determine the claimant’s
eligibility for the special grandparent rate in respect of the child;
15 At the end of
section 50C
Add:
Note: Section 50T also requires the Secretary to
determine, in certain circumstances, whether or not the claimant is eligible for
the special grandparent rate.
16 After Subdivision C of Division 4 of
Part 3
Insert:
This Subdivision deals with the determination of eligibility for the
special grandparent rate that the Secretary must make in certain circumstances
if an individual (the claimant) is determined to be conditionally
eligible for child care benefit by fee reduction in respect of a
child.
Note: Section 50T tells you when the Secretary must
determine the claimant’s eligibility for the special rate.
Section 50S tells you the criteria that must be satisfied for the claimant
to be eligible for that rate. Section 50R explains who counts as a
grandparent or great-grandparent for the purposes of this
Subdivision.
(1) In determining, for the purposes of this Subdivision, whether an
individual is a grandparent or great-grandparent of
another person, treat the following relationships as if they were biological
child-parent relationships:
(a) the relationship between an adopted child and his or her adoptive
parent;
(b) the relationship between a step-child and his or her
step-parent.
(2) In subsection (1):
adoptive parent, of a person (the child), means
the person who adopted the child under a law of any place (whether in Australia
or not) relating to the adoption of children.
step-parent, of a person (the child), means the
person who:
(a) is the current or former partner of the biological or adoptive parent
of the child; and
(b) is not the biological or adoptive parent of the child.
(1) An individual is eligible for the special grandparent rate for a child
if:
(a) the individual, or the individual’s partner, is
receiving:
(i) a social security pension; or
(ii) a social security benefit; or
(iii) a service pension; or
(iv) an income support supplement under Part IIIA of the
Veterans’ Entitlements Act 1986; and
(b) the individual, or the individual’s partner, is the grandparent
or great-grandparent of the child; and
(c) the individual, or the individual’s partner, is the principal
carer of the child.
(2) For the purposes of subsection (1), a person is the
principal carer of another person (the child) if the
person:
(a) is the sole or major provider of ongoing daily care for the child;
and
(b) has substantial autonomy for the day-to-day decisions about the
child’s care, welfare and development.
(3) An individual is also eligible for the special grandparent rate for a
child if the individual, or the individual’s partner, is eligible under
subsection (1) for the special grandparent rate for another
child.
When Secretary must determine whether claimant eligible for special
grandparent rate
(1) If subsection (2), (3) or (4) is satisfied, the Secretary must
determine whether or not the claimant is eligible for the special grandparent
rate for a child.
Request for special grandparent rate determination made in claim for
determination of conditional eligibility
(2) This subsection is satisfied if:
(a) the claimant:
(i) makes a claim (whether before or after 1 January 2005) for
payment of child care benefit by fee reduction for care provided by an approved
child care service to the child; and
(ii) informs the Secretary, in the form and manner (if any) required by
the Secretary, in or in connection with the claim that the claimant wants the
Secretary to make a determination under this section in relation to the claimant
and the child; and
(b) in response to the claim, the Secretary makes, on or after
1 January 2005, a determination under section 50F with the effect that
the claimant is conditionally eligible for child care benefit by fee reduction
in respect of the child.
Application for special grandparent rate determination after
determination of conditional eligibility made
(3) This subsection is satisfied if:
(a) a determination under section 50F (whether made before or after
1 January 2005) is in force with the effect that the claimant is
conditionally eligible for child care benefit by fee reduction in respect of the
child; and
(b) the claimant applies, in the form and manner (if any) required by the
Secretary, for a determination under this section in relation to the
child.
Transitional situation
(4) This subsection is satisfied if, immediately before 1 January
2005:
(a) a determination is in force under section 50F that the claimant
is conditionally eligible for child care benefit by fee reduction in respect of
the child; and
(b) the determination in force under section 50H of the weekly limit
of hours applicable to the claimant and the child is based on the claimant, or
the claimant’s partner, being taken to satisfy the work/training/study
test because of the determination that was made under subsection 14(2) of the
Family Assistance Act on 28 October 2004; and
(c) the claimant, or the claimant’s partner, is receiving:
(i) a social security pension; or
(ii) a social security benefit; or
(iii) a service pension; or
(iv) an income support supplement under Part IIIA of the
Veterans’ Entitlements Act 1986.
Determinations not legislative instruments
(5) A determination made under subsection (1), or a variation of such
a determination, is not a legislative instrument for the purposes of the
Legislative Instruments Act 2003.
The Secretary must determine under subsection 50T(1) that the
claimant is eligible for the special grandparent rate for a child if:
(a) a determination under section 50F with the effect that the
claimant is conditionally eligible for child care benefit by fee reduction in
respect of the child is in force; and
(b) the Secretary is satisfied that the claimant is eligible for the
special grandparent rate for the child (see section 50S).
Otherwise the Secretary must determine that the claimant is not eligible
for the special grandparent rate for the child.
(1) The Secretary must give notice of a determination under subsection
50T(1) that the claimant is eligible for the special grandparent rate for a
child to:
(a) the claimant; and
(b) the approved child care service, or services, that are, or will be,
providing care to the child.
(2) The notice must state:
(a) the names of the claimant and the child; and
(b) that the claimant is eligible for the special grandparent rate for the
child; and
(c) the date from which the determination comes into force; and
(d) that the claimant may apply for review of the determination in the
manner set out in Part 5.
(3) The determination is not ineffective by reason only that any, or all,
of the requirements of subsections (1) and (2) are not complied
with.
(1) The Secretary must give notice of a determination under subsection
50T(1) that the claimant is not eligible for the special grandparent rate for a
child to the claimant.
(2) The notice must state:
(a) that the claimant is not eligible for the special grandparent rate for
the child; and
(b) that the claimant may apply for review of the determination in the
manner set out in Part 5.
(3) The determination is not ineffective by reason only that any, or all,
of the requirements of subsections (1) and (2) are not complied
with.
(1) Subject to subsection (4), a determination under subsection
50T(1) that the claimant is eligible for the special grandparent rate for the
child comes into force:
(a) if no day is specified in the notice of determination—on the day
the determination is made; or
(b) on the day specified in the notice of determination.
(2) The Secretary may specify a day, not more than 4 weeks before the day
on which the claimant made the claim or application in response to which the
determination was made by the Secretary, as the day the determination is
to come into force.
(3) The Secretary may only specify a day under subsection (2)
if:
(a) the Secretary is satisfied that the claimant was eligible for the
special grandparent rate for the child on and since that specified earlier day;
and
(b) the day does not occur before 1 January 2005.
(4) A determination under subsection 50T(1) that the claimant is eligible
for the special grandparent rate for the child comes into force on
1 January 2005 if the Secretary makes the determination because of
subsection 50T(4).
(5) A determination under subsection 50T(1) that the claimant is eligible
for the special grandparent rate for the child may be varied in accordance with
this Division.
(6) A determination under subsection 50T(1) that the claimant is eligible
for the special grandparent rate for a child remains in force, as varied from
time to time, while the determination under section 50F of the
claimant’s conditional eligibility in respect of the child is in
force.
A determination under subsection 50T(1) that the claimant is not eligible
for the special grandparent rate for the child:
(a) comes into force when it is made; and
(b) cannot be varied under this Division; and
(c) subject to paragraph (d), remains in force while the
determination under section 50F of the claimant’s conditional
eligibility in respect of the child is in force; and
(d) ceases to have effect if a subsequent determination under subsection
50T(1) that the claimant is, or is not, eligible for the special grandparent
rate for the child comes into force.
Note: Paragraph (d)—a determination under
subsection 50T(1) that the claimant is eligible for the special grandparent rate
can be made if the claimant makes a fresh application for a determination of the
claimant’s eligibility for that rate.
17 At the end of
section 56C
Add:
Individual eligible for special grandparent rate and something happens
to cause a loss of eligibility for that rate
(7) If:
(a) a determination is in force under subsection 50T(1) with the effect
that a claimant who is an individual is eligible for the special grandparent
rate for a child; and
(b) either:
(i) anything happens that causes the claimant to cease to be eligible for
that rate for the child; or
(ii) the claimant becomes aware that anything is likely to happen that
will have that effect;
the claimant must, in the manner set out in a written notice given to the
claimant under section 57, as soon as practicable after the claimant
becomes aware that the thing has happened or is likely to happen, notify the
Secretary that it has happened or is likely to happen.
Penalty: Imprisonment for 6 months.
(8) Strict liability applies to the following elements of an offence
against subsection (7):
(a) the element that a determination is a determination under subsection
50T(1);
(b) the element that a notice is a notice given under
section 57.
18 At the end of Subdivision N of Division 4 of
Part 3
Add:
(1) If:
(a) a determination is in force under section 50F with the effect
that a claimant who is an individual is conditionally eligible for child care
benefit by fee reduction in respect of a child; and
(b) a determination is in force under subsection 50T(1) with the effect
that the claimant is eligible for the special grandparent rate for the child;
and
(c) the Secretary makes a request under section 57F in respect of a
data verification form referred to in that section; and
(d) the form is returned within the time specified in the request;
and
(e) any information requested in the form relevant to the claimant’s
eligibility for the special grandparent rate for the child is not
provided;
the Secretary may vary the determination under subsection 50T(1) with the
effect that the claimant is, from 1 July in the income year following the
one in which the request was made, not eligible for the special grandparent rate
for the child.
Consequence of Secretary later becoming aware of
information
(2) If:
(a) under subsection (1), the Secretary varies the determination
under subsection 50T(1); and
(b) before the end of the income year following the one in which the
variation took effect, the claimant gives the information mentioned in
subsection (1) or the Secretary finds out the information;
the Secretary must vary the determination under subsection 50T(1) to undo
the effect mentioned in subsection (1).
19 At the end of Subdivision R of Division 4 of
Part 3
Add:
(1) If:
(a) a determination is in force under subsection 50T(1) with the effect
that a claimant who is an individual is eligible for the special grandparent
rate for a child; and
(b) the Secretary, in order to make a decision about whether the claimant
is eligible for that rate for the child at any time, requires the claimant, or
the claimant’s partner, under Division 1 of Part 6, to give
information or produce documents; and
(c) the claimant or the claimant’s partner refuses or fails to
comply with the requirements;
the Secretary may vary the determination with the effect that the
individual is not eligible for that rate for the child.
(2) The variation has effect from the Monday after the day the variation
is made.
Consequence of later provision of information or documents
(3) If:
(a) under subsection (1), the Secretary varies the determination;
and
(b) the claimant, or the claimant’s partner, gives the information
or produces the documents mentioned in paragraph (1)(b) by the end of the
income year following the one in which the variation took effect;
the Secretary must vary the determination to undo the effect mentioned in
subsection (1).
20 Paragraph 62D(a)
After “59F”, insert “, 59G”.
21 Paragraph 62D(a)
Omit “and 62C”, substitute “, 62C and
62CA”.
22 After subsection 63(2)
Insert:
(2A) If a determination under subsection 50T(1) whether a claimant is
eligible for the special grandparent rate for a child is varied, the Secretary
must also give notice of the variation to the approved child care service
providing care to the child.
23 Subsection 63(3)
Omit “or (2)”, substitute “, (2) or
(2A)”.
24 After section 65D
Insert:
Variation with effect that individual is not eligible for special
grandparent rate
(1) If:
(a) a determination of conditional eligibility under section 50F is
made in respect of a claimant who is an individual and in respect of a child;
and
(b) a determination is in force under subsection 50T(1) with the effect
that the claimant is eligible for the special grandparent rate for the child;
and
(c) after the determinations are made, an event occurs; and
(d) the determination of conditional eligibility has, at some time after
the occurrence, the effect that the claimant is conditionally eligible;
and
(e) when the Secretary becomes aware of the occurrence, the Secretary
considers that, if he or she were making the determination under subsection
50T(1) immediately after the occurrence, the claimant would not be eligible for
the special grandparent rate for the child;
the Secretary must vary the determination under subsection 50T(1) with
effect that the claimant is not eligible for that rate for the child.
(2) The variation under subsection (1) has effect from the date of
the occurrence.
Variation with effect that individual is again eligible for special
grandparent rate
(3) If:
(a) a determination of conditional eligibility under section 50F is
made in respect of a claimant who is an individual and in respect of a child;
and
(b) a determination is made under subsection 50T(1) with the effect that
the claimant is eligible for the special grandparent rate for the child;
and
(c) the determination referred to in paragraph (b) is varied with the
effect that the claimant is not eligible for the special grandparent rate for
the child; and
(d) an event occurs while the variation referred to in paragraph (c)
is in force; and
(e) the determination of conditional eligibility has, at some time after
the occurrence, the effect that the claimant is conditionally eligible;
and
(f) when the Secretary becomes aware of the occurrence, the Secretary
considers that, if he or she were making the determination under subsection
50T(1) immediately after the occurrence, the claimant would be eligible for the
special grandparent rate for the child;
the Secretary must vary the determination under subsection 50T(1) with
effect that the claimant is eligible for that rate for the child.
(4) The variation under subsection (3) has effect from:
(a) if no day is specified in the notice of determination—the day
the variation is made; or
(b) on the day specified in the notice of variation.
(5) The Secretary may specify a day, not more than 4 weeks
before:
(a) if the Secretary becomes aware of the occurrence because the claimant
notifies the Secretary of the occurrence—the day on which the claimant
notifies the Secretary of the occurrence; or
(b) in any other case—the day on which the Secretary makes the
variation;
as the day from which the variation is to have effect.
(6) The Secretary may only specify a day under subsection (5) if the
Secretary is satisfied that, the individual was eligible for the special
grandparent rate for the child on and since that specified earlier
day.
Section 59G and 62CA variations prevail
(7) If:
(a) when a variation under this section takes place, a variation is in
force under section 59G or 62CA; and
(b) the variation under section 59G or 62CA has effect for any period
when the variation under this section would have effect;
the variation under section 59G or 62CA prevails over the variation
under this section.
25 After subparagraph
106(1)(c)(iv)
Insert:
(iva) a determination decision in respect of eligibility for the special
grandparent rate (a determination of this eligibility is made under subsection
50T(1));
26 Subparagraph 107(2)(a)(iv)
Omit “and”.
27 At the end of paragraph
107(2)(a)
Add:
(v) a determination decision in respect of eligibility for the special
grandparent rate (a determination of this eligibility is made under subsection
50T(1)); and
28 After subparagraph
109B(2)(c)(iv)
Insert:
(iva) a determination decision in respect of eligibility for the special
grandparent rate (a determination of this eligibility is made under subsection
50T(1));
29 After paragraph 109D(3)(e)
Insert:
(ea) a determination decision that a person was, or was not, eligible for
the special grandparent rate for a child (these determinations are made under
subsection 50T(1)) if the decision took effect in the income year in which the
application was made or in the previous income year;
30 Paragraph 109G(2)(a)
Omit “or (d)”, substitute “, (d) or (e)”.
31 At the end of subsection
109G(2)
Add:
; (f) in the case of an adverse family assistance decision referred to in
paragraph (e) of the definition—that the eligibility for the special
grandparent rate to which the decision relates is to continue as if the adverse
decision had not been made.
32 Subsection 109G(5) (at the end of the definition
of adverse family assistance decision)
Add:
; or (e) the person ceases to be eligible for the special grandparent rate
for a child.
33 Paragraph 111(2)(a)
After “paragraph 50L(7)(b),”, insert “or subparagraph
50T(2)(a)(ii), or paragraph 50T(3)(b),”.
34 Paragraph 112(1A)(a)
Omit “or (d)”, substitute “, (d) or (e)”.
35 At the end of subsection
112(1A)
Add:
; and (f) in the case of an adverse family assistance decision referred to
in paragraph (e) of the definition in subsection (4)—that the
eligibility for the special grandparent rate to which the decision relates is to
continue as if the adverse decision had not been made.
36 Subsection 112(4) (at the end of the definition
of adverse family assistance decision)
Add:
; or (e) the person ceases to be eligible for the special grandparent rate
for a child.
37 After subparagraph
141A(b)(ii)
Insert:
(iia) a determination whether the individual is eligible for the special
grandparent rate for the child;
38 Paragraph 154(3)(d)
Repeal the paragraph, substitute:
(d) if a determination were to be, or has been, made that the individual
is so conditionally eligible:
(i) what weekly limit of hours, CCB % or schooling % would be, or is,
applicable to the individual; or
(ii) whether the individual would be, or is, eligible for the special
grandparent rate for a child.
39 At the end of paragraph
173(1)(d)
Add:
; or (v) affects, or might affect, a person’s eligibility for the
special grandparent rate for a child.
40 Subsection 219A(2) (after table
item 3)
Insert:
|
3A |
Notice under section 50V that the individual is eligible for the
special grandparent rate for the child (given together with a notice under
section 50M that the individual has been determined to be conditionally
eligible) |
The service must take the following action: (a) calculate the amount of the fee reductions in respect of the individual
and a session of care provided by the service to the child using: (b) reduce the fees to be paid for the session by the amount of the fee
reductions; (c) charge only the reduced fees (if any) for the session; (d) reimburse the individual the amount of the fee reductions worked out in
respect of the individual and the sessions provided by the service to the child
during the period: The service must also ensure that the fees set for a session for which the
service reduces fees under this item do not exceed the amount of the fees that
the service would charge an individual who was not eligible for the special
grandparent rate for the same session for the same child. |
|
3B |
Notice under section 50V that the individual is eligible for the
special grandparent rate for the child (given otherwise than together with a
notice under section 50M that the individual has been determined to be
conditionally eligible) |
If the service provides a session of care to the child on any
day: (a) for which the service has not already charged the individual as at the
day the service receives the notice; and (b) which occurs after the day the determination takes effect; the service must take the following action in respect of the
session: (c) calculate the amount of the fee reductions in respect of the
individual, the child and the session using: (d) reduce the fees to be paid for the session by the amount of the fee
reductions; (e) charge only the reduced fees (if any) for the session. The service must also ensure that the fees set for a session for which the
service reduces fees under this item do not exceed the amount of the fees that
the service would charge an individual who was not eligible for the special
grandparent rate for the same session for the same child. |
41 Subsection 219A(2) (after table
item 9)
Insert:
|
9A |
Notice of a variation of a determination of whether the individual is
eligible for the special grandparent rate for the child made under
section 59G, 62CA or 65DA |
If the service provides a session of care to the child on any
day: (a) for which the service has not already charged the individual as at the
day the service receives the notice; and (b) which occurs after the day the variation takes effect; the service must take the following action in respect of the
session: (c) calculate the individual’s rate of fee reductions for the session
on the basis of the determination as varied; (d) using that rate, calculate the amount of the fee reductions in respect
of the individual, the child and the sessions; (e) reduce the fees to be paid for the session by the amount of the fee
reductions; (f) charge only the reduced fees (if any) for the session. If the effect of the variation of the determination is that the individual
is eligible for the special grandparent rate for the child, the service has an
additional obligation in relation to the level of fees set for a session for
which the service reduces fees under this item. That obligation is to ensure
that those fees do not exceed the amount of the fees that the service would
charge an individual who was not eligible for the special grandparent rate for
the same session for the same child. |
42 Subsection 219A(2) (table item 10, at the
end of column 2)
Add:
|
|
|
; (f) if the review decision affects eligibility for the special
grandparent rate for a child: If paragraph (f) applies and the effect of the varied or substituted
decision is that the individual is eligible for the special grandparent rate for
the child, the service has an additional obligation in relation to the level of
fees set for a session for which the service reduces fees under that paragraph.
That obligation is to ensure that those fees do not exceed the amount of the
fees that the service would charge an individual who was not eligible for the
special grandparent rate for the same session for the same child. |
43 Paragraph 224(1)(c)
After “schooling %”, insert “, eligibility for the
special grandparent rate”.
44 Application of amendments
The amendments made by this Schedule apply to sessions of care provided in
a week that commences after 1 January 2005.
Veterans’
Entitlements Act 1986
1 Subsection 98A(2)
Repeal the subsection, substitute:
(2) The widow or widower of the deceased veteran is entitled, in respect
of the period of 12 weeks after the deceased veteran’s death, to payments
at:
(a) if the deceased veteran was, immediately before his or her death, in
receipt of the disability pension at a rate under subsection 22(4), 23(4), (5)
or (6) or 24(4), (5) or (6)—the rate at which the disability pension would
have been payable to him or her, if he or she had not died, on the first
available pension pay day after the Commission becomes aware of the death;
or
(b) in any other case—the lower of the following:
(i) the rate at which the disability pension would have been payable to
the deceased veteran, if he or she had not died, on the first available pension
pay day after the Commission becomes aware of the death;
(ii) the general rate in force on that pension pay day.
2 Subsection 98A(3) (definition of Deceased
veteran’s amount)
Repeal the definition.
3 Subsection 98A(3)
Insert:
deceased veteran’s amount means:
(a) if the deceased veteran was, immediately before his or her death, in
receipt of the disability pension at a rate under subsection 22(4), 23(4), (5)
or (6) or 24(4), (5) or (6)—the amount of the disability pension that
would have been payable to him or her, if he or she had not died, on the first
available pension pay day after the death of the widow or the widower;
or
(b) in any other case—the lower of the following:
(i) the amount of the disability pension that would have been payable to
the deceased veteran, if he or she had not died, on the first available pension
pay day after the death of the widow or the widower;
(ii) the amount that would have been payable to the deceased veteran, if
he or she had not died, on the first available pension pay day after the death
of the widow or widower, at the general rate in force on that pension pay
day.
4 Application
The amendments made by this Schedule apply in relation to the deaths of
veterans occurring on or after the commencement of this Schedule.