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This is a Bill, not an Act. For current law, see the Acts databases.

FAMILY AND COMMUNITY SERVICES LEGISLATION AMENDMENT (FAMILY ASSISTANCE AND RELATED MEASURES) BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Family and Community Services
Legislation Amendment (Family
Assistance and Related Measures) Bill
2005
No. , 2005
(Family and Community Services)
A Bill for an Act to amend the law relating to
family assistance, and for related purposes
i Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................3
Schedule 1--Method of calculating Part B rate for those who
return to paid work after the birth of a child etc.
4
A New Tax System (Family Assistance) Act 1999
4
A New Tax System (Family Assistance) (Administration) Act 1999
10
Schedule 2--Maternity payment
12
Part 1--Amendments
12
A New Tax System (Family Assistance) Act 1999
12
A New Tax System (Family Assistance) (Administration) Act 1999
12
Part 2--Application, transitional and other provisions
13
Schedule 3--Family assistance amendments
15
A New Tax System (Family Assistance) Act 1999
15
A New Tax System (Family Assistance) (Administration) Act 1999
15
Schedule 4--Rent assistance
22
Part 1--Duplicate rent assistance payments
22
Division 1--Amendments
22
A New Tax System (Family Assistance) Act 1999
22
Social Security Act 1991
27
Social Security (Administration) Act 1999
31
Veterans' Entitlements Act 1986
32
Division 2--Application of amendments
35
Part 2--Rent certificates
36
A New Tax System (Family Assistance) (Administration) Act 1999
36
Social Security (Administration) Act 1999
37
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 1
A Bill for an Act to amend the law relating to
1
family assistance, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Family and Community Services
5
Legislation Amendment (Family Assistance and Related Measures)
6
Act 2005.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005
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
1 July 2005.
1 July 2005
3. Schedule 2,
items 1 to 6
1 July 2005.
1 July 2005
4. Schedule 2,
item 7
The day on which this Act receives the
Royal Assent.
5. Schedule 3,
item 1
The day on which this Act receives the
Royal Assent.
6. Schedule 3,
items 2 and 3
1 July 2005.
1 July 2005
7. Schedule 3,
item 4
1 January 2005.
1 January 2005
8. Schedule 3,
items 5 to 10
1 January 2006.
1 January 2006
9. Schedule 3,
items 11 to 13
The day on which this Act receives the
Royal Assent.
10. Schedule 3,
items 14 to 17
1 January 2006.
1 January 2006
11. Schedule 4,
Part 1
The later of:
(a) the day on which this Act receives the
Royal Assent; and
(b) 1 July 2005.
12. Schedule 4,
Part 2
The day on which this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 3
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Method of calculating Part B rate for those who return to paid work after
the birth of a child etc.
4 Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005
1
Schedule 1--Method of calculating Part B rate
2
for those who return to paid work after
3
the birth of a child etc.
4
5
A New Tax System (Family Assistance) Act 1999
6
1 Subsection 3(1)
7
Insert:
8
paid work (other than in paragraph 15(1)(a)) has the meaning given
9
by section 3B.
10
2 Subsection 3(1)
11
Insert:
12
passive employment income of an individual, in respect of a
13
period, means:
14
(a) income that is earned by the individual in respect of the
15
period as a result of the individual being on paid leave for the
16
period; or
17
(b) a payment of compensation, or a payment under an insurance
18
scheme, in respect of the individual's inability to earn, derive
19
or receive income from paid work during the period; or
20
(c) if the individual stops paid work as a self-employed
21
individual--income that is derived by the individual in
22
respect of the period from an interest, or from investments,
23
held in connection with the individual's previous
24
self-employment.
25
3 Subsection 3(1)
26
Insert:
27
returns to paid work has the meaning given by section 3B.
28
4 Subsection 3(1)
29
Insert:
30
secondary earner of a couple, in respect of an income year, means:
31
Method of calculating Part B rate for those who return to paid work after the birth of a
child etc. Schedule 1
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 5
(a) unless paragraph (b) applies:
1
(i) the member of the couple who has the lower adjusted
2
taxable income for the year; or
3
(ii) if both members of the couple have the same adjusted
4
taxable income for the year--the member of the couple
5
who returns to paid work first during the year; or
6
(b) if the rate of family tax benefit for a member of the couple is
7
determined on the basis of an estimate of adjusted taxable
8
income for the year, and only one member of the couple
9
returns to paid work during the year--the member of the
10
couple whose original estimate of adjusted taxable income is
11
the lower estimate for the couple for the year (disregarding
12
subclause 3(2) of Schedule 3).
13
5 At the end of Division 1 of Part 2
14
Add:
15
3B Meaning of paid work and returns to paid work
16
Meaning of paid work
17
(1) Paid work (other than in paragraph 15(1)(a)) means any work for
18
financial gain or any other reward (whether as an employee, a
19
self-employed individual or otherwise) that involves a substantial
20
degree of personal exertion on the part of the individual concerned.
21
Note:
The ordinary meaning of paid work applies to paragraph 15(1)(a).
22
Meaning of returns to paid work
23
(2) An individual returns to paid work during an income year if:
24
(a) the individual is neither engaging in paid work, nor receiving
25
passive employment income, during that year; and
26
(b) the individual later engages in paid work for an average of at
27
least 10 hours per week for 4 consecutive weeks that start
28
during that year.
29
(3) An individual returns to paid work during an income year if:
30
(a) the individual is neither engaging in paid work, nor receiving
31
passive employment income, during that year; and
32
Schedule 1 Method of calculating Part B rate for those who return to paid work after
the birth of a child etc.
6 Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005
(b) the individual later engages in paid work during that year, but
1
not for an average of at least 10 hours per week for 4
2
consecutive weeks that start during that year; and
3
(c) during the income year following that year, the Secretary is
4
notified in writing in accordance with subsection (4) that the
5
individual returned to paid work during that year.
6
(4) For the purposes of subsection (3), if the individual is a member of
7
a couple at any time, during the income year, before the individual
8
engages in paid work as mentioned in paragraph (3)(b), the
9
Secretary is notified in accordance with this subsection if the
10
Secretary is notified by:
11
(a) if:
12
(i) both members of the couple are eligible for family tax
13
benefit at any time, during that income year, before the
14
individual engages in paid work (whether the members
15
of the couple are eligible at the same time or at different
16
times); and
17
(ii) the individual is a member of the same couple at the
18
time of the notification;
19
both members of the couple; and
20
(b) if:
21
(i) both members of the couple are eligible for family tax
22
benefit at any time, during that income year, before the
23
individual engages in paid work (whether the members
24
of the couple are eligible at the same time or at different
25
times); and
26
(ii) the individual is no longer a member of the same couple
27
at the time of the notification;
28
the individual who engages in the paid work; and
29
(c) if at all times, during that income year, before the individual
30
engages in paid work, only one member of the couple is
31
eligible for family tax benefit--the member of the couple
32
who is eligible for family tax benefit.
33
6 Before clause 29 of Schedule 1
34
Insert:
35
Method of calculating Part B rate for those who return to paid work after the birth of a
child etc. Schedule 1
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 7
Subdivision A--General method of calculating Part B rate
1
7 At the end of subclause 29(2) of Schedule 1
2
Add:
3
Note:
An individual who is a member of a couple works out his or her Part
4
B rate under Subdivision B if the secondary earner of the couple
5
returns to paid work after the birth of a child etc.
6
Note:
The heading to clause 29 of Schedule 1 is altered by omitting "Method" and
7
substituting "General method".
8
8 At the end of Division 1 of Part 4 of Schedule 1
9
Add:
10
Subdivision B--Method of calculating Part B rate for those
11
who return to paid work after the birth of a child etc.
12
29A Method of calculating Part B rate for those who return to paid
13
work after the birth of a child etc.
14
Application of clause
15
(1) The Part B rate that an individual is eligible for in respect of a day
16
in an income year is worked out under subclause (2) if:
17
(a) the individual is a member of a couple on the day; and
18
(b) the conditions in subclauses (3) to (7) of this clause are met;
19
and
20
(c) the conditions in clause 29C are met in respect of the day.
21
Method of calculating Part B rate
22
(2) The Part B rate that the individual is eligible for in respect of the
23
day is the amount worked out by adding the following amounts:
24
(a) the individual's standard rate under Division 2 in respect of
25
the day (clauses 30 and 31);
26
(b) the individual's FTB Part B supplement under Division 2A in
27
respect of the day (clause 31A).
28
Schedule 1 Method of calculating Part B rate for those who return to paid work after
the birth of a child etc.
8 Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005
Conditions
1
(3) During a period during the income year in which the day occurs,
2
the secondary earner of the couple (who might be the individual
3
mentioned in subclause (1)):
4
(a) is not engaging in paid work; and
5
(b) is not receiving passive employment income in respect of
6
that period.
7
(4) Later during that income year, the secondary earner returns to paid
8
work for the first time since a child became an FTB child of the
9
secondary earner.
10
(5) The conditions in clause 29B are met in respect of that child.
11
(6) The individual mentioned in subclause (1) has satisfied the FTB
12
reconciliation conditions under section 32B of the Family
13
Assistance Administration Act for all of the same-rate benefit
14
periods in that income year.
15
(7) Either or both of the following apply:
16
(a) the individual notifies the Secretary of the secondary earner's
17
return to paid work before the end of the income year
18
following the income year in which the secondary earner
19
returns to paid work;
20
(b) the Secretary becomes aware of the secondary earner's return
21
to paid work before the end of the income year following the
22
income year in which the secondary earner returns to paid
23
work.
24
29B Conditions to be met in respect of an FTB child
25
(1) For the purpose of subclause 29A(5), the conditions in this clause
26
are met in respect of a child if the conditions in subclauses (2) and
27
(3) of this clause are met in respect of the child on any single day
28
that meets the conditions in clause 29C.
29
Conditions in respect of FTB child
30
(2) Of all the FTB children of the secondary earner, either:
31
(a) the child most recently became an FTB child of the
32
secondary earner; or
33
Method of calculating Part B rate for those who return to paid work after the birth of a
child etc. Schedule 1
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 9
(b) if all of the children became FTB children of the secondary
1
earner at the same time--the child is the youngest FTB child
2
of the secondary earner.
3
Generally, only one individual calculates Part B rate under
4
clause 29A
5
(3) No other individual's Part B rate has been calculated under
6
clause 29A as a result of the conditions in this clause being met in
7
respect of the child.
8
Exception--section 59 determination (shared care)
9
(4) If another individual's Part B rate has been calculated as mentioned
10
in subclause (3), the condition in that subclause is taken to be met
11
in respect of the child if:
12
(a) on the day on which the other individual or his or her partner
13
returns to paid work, the child is covered by a determination
14
under subsection 59(1); and
15
(b) the secondary earner is not a member of the same couple as
16
the other individual on either:
17
(i) the day mentioned in paragraph (a); or
18
(ii) the day on which the secondary earner returns to paid
19
work.
20
Exception--section 28 and 29 determinations (members of a
21
couple in a blended family or members of a separated couple) etc.
22
(5) If another individual's Part B rate has been calculated as mentioned
23
in subclause (3), the condition in that subclause is taken to be met
24
in respect of the child if:
25
(a) at some time during the income year, the other individual is
26
the partner of:
27
(i) the secondary earner; or
28
(ii) the individual mentioned in subclause 29A(1) (if he or
29
she is not the secondary earner); and
30
(b) the other individual's Part B rate has been calculated under
31
clause 29A in respect of the same return to paid work, and
32
the same FTB child, of the secondary earner.
33
Schedule 1 Method of calculating Part B rate for those who return to paid work after
the birth of a child etc.
10 Family and Community Services Legislation Amendment (Family Assistance and
Related Measures) Bill 2005 No. , 2005
29C Conditions to be met in respect of a day
1
(1) For the purposes of paragraph 29A(1)(c) and clause 29B, the
2
conditions in this clause are met in respect of a day in an income
3
year if:
4
(a) the day falls in the period that starts on the latest of the
5
following days:
6
(i) 1 July of the income year;
7
(ii) the day after the secondary earner stops paid work;
8
(iii) the day after the secondary earner stops receiving
9
passive employment income in respect of a period;
10
and ends immediately before the day on which the secondary
11
earner returns to paid work; and
12
(b) the secondary earner is not receiving passive employment
13
income in respect of the day.
14
(2) For the purpose of subclause (1), the day on which an individual
15
returns to paid work is:
16
(a) if the individual returns to paid work because of subsection
17
3B(2)--the first day of the 4 week period mentioned in that
18
subsection on which the individual is engaging in paid work;
19
and
20
(b) if the individual returns to paid work because of subsection
21
3B(3)--the first day on which the individual is engaging in
22
paid work.
23
(3) To avoid doubt, the first and last days of the period mentioned in
24
paragraph (1)(a) fall in that period.
25
9 Subclauses 31A(1) and (3) of Schedule 1
26
After "clause 29", insert "or 29A".
27
A New Tax System (Family Assistance) (Administration) Act
28
1999
29
10 After paragraph 32A(2)(bb)
30
Insert:
31
(bba) paragraph 29A(2)(b) of Schedule 1 to the Family Assistance
32
Act;
33
Method of calculating Part B rate for those who return to paid work after the birth of a
child etc. Schedule 1
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 11
11 After subparagraph 105A(2)(a)(iib)
1
Insert:
2
(iiba) paragraph 29A(2)(b) of Schedule 1 to the Family
3
Assistance Act;
4
12 Application of amendments
5
The amendments made by this Schedule apply in respect of the
6
2005-2006 income year and later income years.
7
Schedule 2 Maternity payment
Part 1 Amendments
12 Family and Community Services Legislation Amendment (Family Assistance and
Related Measures) Bill 2005 No. , 2005
1
Schedule 2--Maternity payment
2
Part 1--Amendments
3
A New Tax System (Family Assistance) Act 1999
4
1 Paragraph 36(5)(b)
5
Omit "not more than 26 weeks of age", substitute "aged under 2".
6
2 After paragraph 36(5)(b)
7
Insert:
8
(ba) if the child arrives in Australia from overseas as part of the
9
process for the adoption of the child--the child is aged under
10
2 when the child arrives in Australia; and
11
A New Tax System (Family Assistance) (Administration) Act
12
1999
13
3 Paragraph 39(2)(b)
14
Repeal the paragraph, substitute:
15
(b) if the circumstances covered by the claim involve eligibility
16
under subsection 36(5) of the Family Assistance Act and the
17
child mentioned in that subsection arrives in Australia from
18
overseas as part of the process for the adoption of the child--
19
the time the child arrives in Australia; or
20
(c) if the circumstances covered by the claim involve eligibility
21
under subsection 36(5) of the Family Assistance Act and the
22
child mentioned in that subsection does not arrive in
23
Australia from overseas as part of the process for the
24
adoption of the child--the time the child is entrusted to the
25
care of the claimant.
26
Maternity payment Schedule 2
Application, transitional and other provisions Part 2
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 13
1
Part 2--Application, transitional and other
2
provisions
3
4 Definition of commencement
4
In this Part:
5
commencement means the commencement of the amendments made by
6
Part 1 of this Schedule.
7
5 Application of amendments made by Part 1
8
The amendments made by Part 1 of this Schedule apply in relation to
9
any child:
10
(a) who is, as part of the process for the adoption of the child by
11
an individual, entrusted to the care of the individual on or
12
after 1 July 2004; and
13
(b) in respect of whom maternity payment has not already been
14
paid.
15
6 Transitional extension of claim deadline
16
(1)
This item applies to a claim for payment of maternity payment in
17
normal circumstances if:
18
(a) before commencement, a child is entrusted to the care of the
19
claimant, as part of the process for the adoption of the child
20
by the claimant; and
21
(b) if the child arrives in Australia from overseas as part of the
22
process for the adoption--the child arrives in Australia
23
before commencement.
24
(2)
Paragraphs 39(2)(b) and (c) of the A New Tax System (Family
25
Assistance) (Administration) Act 1999 do not apply in relation to the
26
claim.
27
(3)
The claim is not effective if made later than 26 weeks after
28
commencement.
29
(4)
The reference in subsection 39(3) of the A New Tax System (Family
30
Assistance) (Administration) Act 1999 to the period of 26 weeks
31
mentioned in subsection (2) is taken to be a reference to the period of 26
32
weeks mentioned in subitem (3).
33
Schedule 2 Maternity payment
Part 2 Application, transitional and other provisions
14 Family and Community Services Legislation Amendment (Family Assistance and
Related Measures) Bill 2005 No. , 2005
7 No maternity payment if maternity allowance already paid
1
in respect of child
2
(1)
An individual is not eligible for maternity payment in respect of a child
3
if:
4
(a) after this item commences, the child is entrusted to the
5
individual's care, as part of the process for the adoption of
6
the child by the individual; and
7
(b) maternity allowance has been paid to any person in respect of
8
the child.
9
(2)
In this item:
10
maternity allowance means maternity allowance under Division 2 of
11
Part 3 of the A New Tax System (Family Assistance) Act 1999, as in
12
force before item 1 of Schedule 2 to the Family Assistance Legislation
13
Amendment (More Help for Families--Increased Payments) Act 2004
14
commenced.
15
Family assistance amendments Schedule 3
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 15
1
Schedule 3--Family assistance amendments
2
3
A New Tax System (Family Assistance) Act 1999
4
1 Subsection 3(1)
5
Insert:
6
member of the same couple has the same meaning as member of a
7
couple has.
8
2 Paragraph 13(2)(a) of Schedule 1
9
Omit "the income year", substitute "the first or second income year".
10
3 Application of item 2
11
The amendment made by item 2 applies in respect of a past period that
12
occurs in the 2003-2004 income year or a later income year.
13
4 Subclause 29(2) of Schedule 1 (at the end of step 3 of the
14
method statement)
15
Add "(taking away so much of the individual's standard rate, and then
16
so much (if any) of the individual's FTB Part B supplement, as equals
17
the reduction)".
18
A New Tax System (Family Assistance) (Administration) Act
19
1999
20
5 Paragraph 28(3)(a)
21
After "subsection (2)", insert "or (6)".
22
6 After paragraph 28(3)(b)
23
Insert:
24
and (ba) subsection (4) (which is about when the claimant and the
25
claimant's partner separate after the determination is varied)
26
does not apply;
27
7 Paragraph 28(3)(c)
28
Omit "cancellation year", substitute "cancellation income year".
29
Schedule 3 Family assistance amendments
16 Family and Community Services Legislation Amendment (Family Assistance and
Related Measures) Bill 2005 No. , 2005
8 At the end of section 28
1
Add:
2
Consequence where claimant and partner separate after
3
determination varied
4
(4) After the Secretary varies the determination under subsection (2) or
5
(6), the Secretary must again vary the determination if the
6
following conditions are met:
7
(a) the claimant and the partner mentioned in
8
subparagraph (1)(b)(iii) (the ex-partner) ceased to be
9
members of the same couple during the income year (the
10
later income year) that began 2 years after the beginning of
11
the cancellation income year;
12
(b) at the time when the Secretary would vary the determination
13
under this subsection, the claimant and the ex-partner are not
14
members of the same couple;
15
(c) if the claimant was required to lodge an income tax return for
16
the cancellation income year--an assessment is or has been
17
made under the Income Tax Assessment Act 1936 of the
18
claimant's taxable income for the cancellation income year;
19
(d) in any case--the ex-partner was required to lodge an income
20
tax return for the cancellation income year but still had not
21
done so by:
22
(i) if paragraph (c) applies--the later of the time when the
23
claimant and the ex-partner last ceased to be members
24
of the same couple and the time when the assessment of
25
the claimant's taxable income is made; or
26
(ii) otherwise--the time when the claimant and the
27
ex-partner last ceased to be members of the same
28
couple;
29
(e) the Secretary is satisfied that the claimant was eligible for an
30
amount (the recalculated amount) of family tax benefit for
31
the cancellation days.
32
(5) The Secretary must vary the determination under subsection (4) so
33
that it has the effect that, for the cancellation days, the claimant is
34
entitled to be paid:
35
(a) if:
36
(i) the claimant was required to lodge an income tax return
37
for the cancellation income year and the claimant
38
Family assistance amendments Schedule 3
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 17
lodged the return with the Commissioner of Taxation
1
before the end of the later income year; or
2
(ii) the claimant was not required to lodge an income tax
3
return for the cancellation income year;
4
the recalculated amount; or
5
(b) in any other case--the lesser of:
6
(i) the recalculated amount; and
7
(ii) the amount that the claimant was entitled to be paid
8
before the variation under subsection (2) or (6) was
9
made.
10
Consequence where claimant and ex-partner reconcile after
11
separation
12
(6) If:
13
(a) after the Secretary varies the determination under
14
subsection (4), the claimant and the ex-partner become
15
members of the same couple again; and
16
(b) the ex-partner has still not lodged an income tax return for
17
the cancellation income year by the time when the claimant
18
and the ex-partner become members of the same couple;
19
the Secretary must vary the determination so that it has the effect
20
that the claimant is not, and never was, entitled to family tax
21
benefit for the cancellation days.
22
9 Application and transitional provisions relating to items 5,
23
6 and 8
24
Application of items 5, 6 and 8
25
(1)
The amendments made by items 5, 6 and 8 apply in respect of a
26
cancellation income year that is the 2001-2002 income year or a later
27
income year.
28
Transitional provisions
29
(2)
If a claimant has received an act of grace payment under section 33 of
30
the Financial Management and Accountability Act 1997 of the
31
difference between:
32
(a) the recalculated amount; and
33
Schedule 3 Family assistance amendments
18 Family and Community Services Legislation Amendment (Family Assistance and
Related Measures) Bill 2005 No. , 2005
(b) the amount that the claimant was entitled to be paid before a
1
variation under subsection 28(2) of the A New Tax System
2
(Family Assistance) (Administration) Act 1999 was made for
3
the cancellation income year;
4
then the claimant is not entitled to be paid that amount again under
5
subsection 28(5) of that Act.
6
(3)
Sections 107 and 109E of the A New Tax System (Family Assistance)
7
(Administration) Act 1999 do not limit the date of effect of a review
8
decision that is made on or before 30 June 2006 that results in a
9
decision under subsection 28(4) of that Act, in respect of the
10
2001-2002, 2002-2003 or 2003-2004 income year.
11
10 Subsection 33(1A)
12
Repeal the subsection, substitute:
13
(1A) This subsection applies to an individual who, on the advance
14
assessment day, owes a debt to the Commonwealth (whether
15
arising under this Act or not) that is:
16
(a) recoverable under Part 4 by means of deductions from the
17
individual's instalments of family tax benefit under
18
section 84; or
19
(b) being recovered by deductions from the individual's
20
instalments of family tax benefit under section 227.
21
11 Subsection 33(2)
22
Omit "An individual's", substitute "Subject to subsection (2A), an
23
individual's".
24
12 After subsection 33(2)
25
Insert:
26
(2A) If an individual's request to the Secretary for the payment of a
27
family tax benefit advance for a standard advance period is made
28
after the start of that period, the individual's advance assessment
29
day for that period is the day on which the individual made the
30
request.
31
13 Subsection 60D(1)
32
Repeal the subsection, substitute:
33
Family assistance amendments Schedule 3
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 19
(1) If:
1
(a) a determination of entitlement under section 51B is in force
2
in respect of a claimant who is an individual and a particular
3
income year; and
4
(b) any of the following people:
5
(i) the claimant;
6
(ii) the claimant's partner at the end of the second income
7
year (the later income year) following the particular
8
income year (if he or she was also the claimant's partner
9
in the particular income year);
10
(iii) both the claimant and the claimant's partner (as
11
described in subparagraph (ii));
12
are required to lodge an income tax return for the particular
13
income year but have not done so by the end of the later
14
income year; and
15
(c) by the end of the later income year, an assessment has not
16
been made under the Income Tax Assessment Act 1936 of the
17
taxable income for the particular income year for everyone to
18
whom paragraph (b) applies;
19
the Secretary may vary the determination.
20
14 Subsection 95(1)
21
Repeal the subsection, substitute:
22
(1) The Secretary may, on behalf of the Commonwealth, decide to
23
write off a debt for a stated period or otherwise, but only if
24
subsection (2), (4A) or (4B) applies.
25
15 Subsection 95(2)
26
Omit ", and only if".
27
Note:
The following heading to subsection 95(2) is inserted "Secretary may write off debt if
28
debt irrecoverable or debt will not be repaid etc.".
29
16 After subsection 95(4)
30
Insert:
31
Schedule 3 Family assistance amendments
20 Family and Community Services Legislation Amendment (Family Assistance and
Related Measures) Bill 2005 No. , 2005
Secretary may write off subsection 28(2) or (6) debt if claimant
1
and partner separate
2
(4A) The Secretary may, under subsection (1), decide to write off a debt
3
arising because of subsection 28(2) or (6) (which deal with when
4
income tax returns have not been lodged) if the following
5
conditions are met:
6
(a) the claimant and the partner mentioned in subparagraph
7
28(1)(b)(iii) (the ex-partner) ceased to be members of the
8
same couple after the end of the income year (the later
9
income year) that began 2 years after the beginning of the
10
cancellation income year mentioned in subsection 28(1);
11
(b) if the claimant was required to lodge an income tax return for
12
the cancellation income year--an assessment is or has been
13
made under the Income Tax Assessment Act 1936 of the
14
claimant's taxable income for the cancellation income year;
15
(c) in any case--the ex-partner was required to lodge an income
16
tax return for the cancellation income year but still had not
17
done so by the time when the claimant and the ex-partner
18
ceased to be members of the same couple.
19
Secretary may write off subsection 60D(2) debt if claimant and
20
partner separate
21
(4B) The Secretary may, under subsection (1), decide to write off a debt
22
arising because of subsection 60D(2) (which deals with when
23
income tax returns have not been lodged) if the following
24
conditions are met:
25
(a) the claimant and the partner mentioned in paragraph
26
60D(1)(b) (the ex-partner) ceased to be members of the same
27
couple after the end of the second income year following the
28
particular income year mentioned in paragraph 60D(1)(a);
29
(b) if the claimant was required to lodge an income tax return for
30
the particular income year--an assessment is or has been
31
made under the Income Tax Assessment Act 1936 of the
32
claimant's taxable income for the particular income year;
33
(c) in any case--the ex-partner was required to lodge an income
34
tax return for the particular income year but still had not done
35
so by the time when the claimant and the ex-partner ceased to
36
be members of the same couple.
37
Family assistance amendments Schedule 3
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 21
Note 1: The following heading to subsection 95(5) is inserted "When decision under
1
subsection (1) takes effect".
2
Note 2: The following heading to subsection 95(6) is inserted "Debt that has been written off
3
may be recovered".
4
17 Application of items 14 to 16
5
(1)
The amendments made by items 14 to 16 apply in respect of a
6
cancellation income year or a particular income year (as the case
7
requires), that is the 2000-2001 income year or a later income year.
8
(2)
However, the amendments made by those items apply in respect of the
9
2000-2001 income year as if paragraphs 95(4A)(a) and (c) of the A New
10
Tax System (Family Assistance) (Administration) Act 1999 referred to
11
the income year that began immediately after the cancellation income
12
year mentioned in subsection 28(1) of that Act (instead of the income
13
year that began 2 years after the beginning of the cancellation income
14
year).
15
Schedule 4 Rent assistance
Part 1 Duplicate rent assistance payments
22 Family and Community Services Legislation Amendment (Family Assistance and
Related Measures) Bill 2005 No. , 2005
1
Schedule 4--Rent assistance
2
Part 1--Duplicate rent assistance payments
3
Division 1--Amendments
4
A New Tax System (Family Assistance) Act 1999
5
1 Subsection 3(1)
6
Insert:
7
income support supplement has the same meaning as in the Social
8
Security Act 1991.
9
2 Clause 3 of Schedule 1
10
Omit "clause 5", substitute "clauses 4A, 4B and 5".
11
3 After clause 4 of Schedule 1
12
Insert:
13
4A Offsetting for duplicate rent assistance under family assistance
14
and social security law
15
When this clause applies
16
(1) This clause applies if:
17
(a) a decision (the social security decision) was made that rent
18
assistance was to be included when calculating an
19
individual's, or an individual's eligible partner's, rate of
20
social security payment for a day; and
21
(b) when the social security decision was made, no decision (the
22
family assistance decision) to make a determination that
23
includes, or to vary a determination to include, rent
24
assistance when calculating the individual's Part A rate of
25
family tax benefit for that day had been made; and
26
(c) after the social security decision was made, the family
27
assistance decision was made; and
28
(d) the day mentioned in paragraphs (a) and (b) comes before the
29
day on which the family assistance decision was made.
30
Rent assistance Schedule 4
Duplicate rent assistance payments Part 1
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 23
Note:
For the definition of eligible partner see subclause (5).
1
Part A rate to be reduced
2
(2) The individual's Part A rate for that day (as calculated or
3
recalculated because of the making of the family assistance
4
decision) is to be reduced:
5
(a) first, by the individual's annual social security RA amount
6
for that day (see subclause (3)); and
7
(b) then, by the individual's eligible partner's annual social
8
security RA amount for that day (see subclause (4)).
9
However, it is not to be reduced to less than:
10
(c) if it has been calculated for the first time under clause 3
11
because of the making of the family assistance decision--nil;
12
and
13
(d) if it has been recalculated under clause 3 because of the
14
making of the family assistance decision--the Part A rate as
15
it was immediately before the recalculation.
16
(3) The individual's annual social security RA amount for that day is
17
the amount worked out as follows:
18
Method statement
19
Step 1.
Work out the rate (if any) of social security payment (the
20
actual payment) that was payable to the individual for
21
that day.
22
Step 2.
Work out the rate (if any) of social security payment (the
23
notional payment) that would have been payable to the
24
individual for that day if rent assistance were not
25
included when calculating the rate of the individual's
26
social security payment for that day.
27
Step 3.
Subtract the notional payment from the actual payment.
28
The difference is the individual's daily social security
29
RA amount for that day.
30
Step 4.
Multiply the individual's daily social security RA amount
31
for that day by 365. The result is the individual's annual
32
social security RA amount for that day.
33
Schedule 4 Rent assistance
Part 1 Duplicate rent assistance payments
24 Family and Community Services Legislation Amendment (Family Assistance and
Related Measures) Bill 2005 No. , 2005
(4) The individual's eligible partner's annual social security RA
1
amount for that day is the amount worked out as follows:
2
Method statement
3
Step 1.
Work out the rate (if any) of social security payment (the
4
actual payment) that was payable to the individual's
5
eligible partner for that day.
6
Step 2.
Work out the rate (if any) of social security payment (the
7
notional payment) that would have been payable to the
8
eligible partner for that day if rent assistance were not
9
included when calculating the rate of the eligible
10
partner's social security payment for that day.
11
Step 3.
Subtract the notional payment from the actual payment.
12
The difference is the eligible partner's daily social
13
security RA amount for that day.
14
Step 4.
Multiply the eligible partner's daily social security RA
15
amount for that day by 365. The result is the individual's
16
eligible partner's annual social security RA amount for
17
that day.
18
(5) For the purposes of this clause, an individual is the eligible partner
19
of another individual if both individuals are members of a couple
20
(other than an illness separated couple, a respite care couple or a
21
temporarily separated couple).
22
4B Offsetting for duplicate rent assistance under family assistance
23
and veterans' entitlements law
24
When this clause applies
25
(1) This clause applies if:
26
(a) a decision (the veterans' entitlements decision) was made
27
that rent assistance was to be included when calculating an
28
individual's, or an individual's eligible partner's, rate of
29
service pension or income support supplement for a day; and
30
(b) when the veterans' entitlements decision was made, no
31
decision (the family assistance decision) to make a
32
Rent assistance Schedule 4
Duplicate rent assistance payments Part 1
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 25
determination that includes, or to vary a determination to
1
include, rent assistance when calculating the individual's Part
2
A rate of family tax benefit for that day had been made; and
3
(c) after the veterans' entitlements decision was made, the family
4
assistance decision was made; and
5
(d) the day mentioned in paragraphs (a) and (b) comes before the
6
day on which the family assistance decision was made.
7
Note:
For the definition of eligible partner see subclause (5).
8
Part A rate to be reduced
9
(2) The individual's Part A rate for that day (as calculated or
10
recalculated because of the making of the family assistance
11
decision and as reduced (if at all) under clause 4A) is to be
12
reduced:
13
(a) first, by the individual's annual veterans' entitlements RA
14
amount for that day (see subclause (3)); and
15
(b) then, by the individual's eligible partner's annual veterans'
16
entitlements RA amount for that day (see subclause (4)).
17
However, it is not to be reduced to less than:
18
(c) if it has been calculated for the first time under clause 3
19
because of the making of the family assistance decision--nil;
20
and
21
(d) if it has been recalculated under clause 3 because of the
22
making of the family assistance decision--the Part A rate as
23
it was immediately before the recalculation.
24
(3) The individual's annual veterans' entitlements RA amount for
25
that day is the amount worked out as follows:
26
Method statement
27
Step 1.
Work out the rate (if any) of service pension or income
28
support supplement (the actual payment) that was
29
payable to the individual for that day.
30
Step 2.
Work out the rate (if any) of service pension or income
31
support supplement (the notional payment) that would
32
have been payable to the individual for that day if rent
33
assistance were not included when calculating the rate of
34
Schedule 4 Rent assistance
Part 1 Duplicate rent assistance payments
26 Family and Community Services Legislation Amendment (Family Assistance and
Related Measures) Bill 2005 No. , 2005
the individual's service pension or income support
1
supplement for that day.
2
Step 3.
Subtract the notional payment from the actual payment.
3
The difference is the individual's provisional veterans'
4
entitlements RA amount for that day.
5
Step 4.
Divide the individual's provisional veterans' entitlements
6
RA amount for that day by 364, then multiply it by 365.
7
The result is the individual's annual veterans'
8
entitlements RA amount for that day.
9
(4) The individual's eligible partner's annual veterans' entitlements
10
RA amount for that day is the amount worked out as follows:
11
Method statement
12
Step 1.
Work out the rate (if any) of service pension or income
13
support supplement (the actual payment) that was
14
payable to the individual's eligible partner for that day.
15
Step 2.
Work out the rate (if any) of service pension or income
16
support supplement (the notional payment) that would
17
have been payable to the eligible partner for that day if
18
rent assistance were not included when calculating the
19
amount of the eligible partner's service pension or
20
income support supplement for that day.
21
Step 3.
Subtract the notional payment from the actual payment.
22
The difference is the eligible partner's provisional
23
veterans' entitlements RA amount for that day.
24
Step 4.
Divide the eligible partner's provisional veterans'
25
entitlements RA amount for that day by 364, then
26
multiply it by 365. The result is the individual's eligible
27
partner's annual veterans' entitlements RA amount for
28
that day.
29
(5) For the purposes of this clause, an individual is the eligible partner
30
of another individual if both individuals are members of a couple
31
(other than an illness separated couple or a respite care couple).
32
Rent assistance Schedule 4
Duplicate rent assistance payments Part 1
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 27
4 Subclause 5(1) of Schedule 1
1
After "Part A rate", insert "(as reduced (if at all) under clauses 4A and
2
4B)".
3
5 Clause 17 of Schedule 1
4
Omit "or a service pension or is receiving income support supplement
5
under Part IIIA of the Veterans' Entitlements Act 1986", substitute ", a
6
service pension or income support supplement".
7
Social Security Act 1991
8
6 Subsection 23(1)
9
Insert:
10
Part A rate of family tax benefit is the Part A rate of family tax
11
benefit worked out under Part 2 or 3 of Schedule 1 to the Family
12
Assistance Act.
13
7 Subsection 1070D(3)
14
Repeal the subsection, substitute:
15
(3) The specific requirement is that:
16
(a) in a paragraph (2)(a) case, either of the following is satisfied:
17
(i) the person's maximum Part A rate of family tax benefit
18
does not include rent assistance;
19
(ii) the person's maximum Part A rate of family tax benefit
20
includes rent assistance and clause 4A of Schedule 1 to
21
the Family Assistance Act applies to reduce the person's
22
Part A rate of family tax benefit; and
23
(b) in a paragraph (2)(b) case, either of the following is satisfied:
24
(i) the person's, or the person's partner's, maximum Part A
25
rate of family tax benefit does not include rent
26
assistance;
27
(ii) the person's, or the person's partner's, maximum Part A
28
rate of family tax benefit includes rent assistance and
29
clause 4A or 4B of Schedule 1 to the Family Assistance
30
Act applies to reduce the person's, or the person's
31
partner's, Part A rate of family tax benefit.
32
8 Section 1070E
33
Schedule 4 Rent assistance
Part 1 Duplicate rent assistance payments
28 Family and Community Services Legislation Amendment (Family Assistance and
Related Measures) Bill 2005 No. , 2005
Omit all the words after "is that", substitute:
1
either of the following is satisfied:
2
(c) the person's maximum Part A rate of family tax benefit
3
does not include rent assistance;
4
(d) the person's maximum Part A rate of family tax benefit
5
includes rent assistance and clause 4A of Schedule 1 to
6
the Family Assistance Act applies to reduce the person's
7
Part A rate of family tax benefit.
8
9 Paragraph 1070F(2)(c)
9
Omit "the person's maximum Part A rate of family tax benefit does not
10
include rent assistance; and", substitute:
11
either of the following is satisfied:
12
(iii) the person's maximum Part A rate of family tax benefit
13
does not include rent assistance;
14
(iv) the person's maximum Part A rate of family tax benefit
15
includes rent assistance and clause 4A of Schedule 1 to
16
the Family Assistance Act applies to reduce the person's
17
Part A rate of family tax benefit; and
18
10 Paragraph 1070F(2)(d)
19
Omit "the maximum Part A rate of family tax benefit of the person, or
20
the person's partner, does not include rent assistance.", substitute:
21
either of the following is satisfied:
22
(iii) the person's, or the person's partner's, maximum Part A
23
rate of family tax benefit does not include rent
24
assistance;
25
(iv) the person's, or the person's partner's, maximum Part A
26
rate of family tax benefit includes rent assistance but
27
clause 4A or 4B of Schedule 1 to the Family Assistance
28
Act applies to reduce the person's, or the person's
29
partner's, Part A rate of family tax benefit.
30
11 Paragraph 1070F(3)(c)
31
Omit "the person's maximum Part A rate of family tax benefit does not
32
include rent assistance; and", substitute:
33
either of the following is satisfied:
34
(iii) the person's maximum Part A rate of family tax benefit
35
does not include rent assistance;
36
Rent assistance Schedule 4
Duplicate rent assistance payments Part 1
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 29
(iv) the person's maximum Part A rate of family tax benefit
1
includes rent assistance and clause 4A of Schedule 1 to
2
the Family Assistance Act applies to reduce the person's
3
Part A rate of family tax benefit; and
4
12 Paragraph 1070F(3)(d)
5
Omit "the maximum Part A rate of family tax benefit of the person, or
6
the person's partner, does not include rent assistance.", substitute:
7
either of the following is satisfied:
8
(iii) the person's, or the person's partner's, maximum Part A
9
rate of family tax benefit does not include rent
10
assistance;
11
(iv) the person's, or the person's partner's, maximum Part A
12
rate of family tax benefit includes rent assistance but
13
clause 4A or 4B of Schedule 1 to the Family Assistance
14
Act applies to reduce the person's, or the person's
15
partner's, Part A rate of family tax benefit.
16
13 Paragraph 1070G(1)(c)
17
Omit "the person's maximum Part A rate of family tax benefit does not
18
include rent assistance; and", substitute:
19
either of the following is satisfied:
20
(iii) the person's maximum Part A rate of family tax benefit
21
does not include rent assistance;
22
(iv) the person's maximum Part A rate of family tax benefit
23
includes rent assistance and clause 4A of Schedule 1 to
24
the Family Assistance Act applies to reduce the person's
25
Part A rate of family tax benefit; and
26
14 Paragraph 1070G(1)(d)
27
Omit "the maximum Part A rate of family tax benefit of the person, or
28
the person's partner, does not include rent assistance.", substitute:
29
either of the following is satisfied:
30
(iii) the person's, or the person's partner's, maximum Part A
31
rate of family tax benefit does not include rent
32
assistance;
33
(iv) the person's, or the person's partner's, maximum Part A
34
rate of family tax benefit includes rent assistance but
35
clause 4A or 4B of Schedule 1 to the Family Assistance
36
Schedule 4 Rent assistance
Part 1 Duplicate rent assistance payments
30 Family and Community Services Legislation Amendment (Family Assistance and
Related Measures) Bill 2005 No. , 2005
Act applies to reduce the person's, or the person's
1
partner's, Part A rate of family tax benefit.
2
15 Paragraph 1070H(2)(c)
3
Omit "the person's maximum Part A rate of family tax benefit does not
4
include rent assistance; and", substitute:
5
either of the following is satisfied:
6
(iii) the person's maximum Part A rate of family tax benefit
7
does not include rent assistance;
8
(iv) the person's maximum Part A rate of family tax benefit
9
includes rent assistance and clause 4A of Schedule 1 to
10
the Family Assistance Act applies to reduce the person's
11
Part A rate of family tax benefit; and
12
16 Paragraph 1070H(2)(d)
13
Omit "the maximum Part A rate of family tax benefit of the person, or
14
the person's partner, does not include rent assistance.", substitute:
15
either of the following is satisfied:
16
(iii) the person's, or the person's partner's, maximum Part A
17
rate of family tax benefit does not include rent
18
assistance;
19
(iv) the person's, or the person's partner's, maximum Part A
20
rate of family tax benefit includes rent assistance but
21
clause 4A or 4B of Schedule 1 to the Family Assistance
22
Act applies to reduce the person's, or the person's
23
partner's, Part A rate of family tax benefit.
24
17 Paragraph 1070J(b)
25
Omit "the person's maximum Part A rate of family tax benefit does not
26
include rent assistance; and", substitute:
27
either of the following is satisfied:
28
(iii) the person's maximum Part A rate of family tax benefit
29
does not include rent assistance;
30
(iv) the person's maximum Part A rate of family tax benefit
31
includes rent assistance and clause 4A of Schedule 1 to
32
the Family Assistance Act applies to reduce the person's
33
Part A rate of family tax benefit; and
34
18 Paragraph 1070J(c)
35
Rent assistance Schedule 4
Duplicate rent assistance payments Part 1
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 31
Omit "the maximum Part A rate of family tax benefit of the person, or
1
the person's partner, does not include rent assistance.", substitute:
2
either of the following is satisfied:
3
(iii) the person's, or the person's partner's, maximum Part A
4
rate of family tax benefit does not include rent
5
assistance;
6
(iv) the person's, or the person's partner's, maximum Part A
7
rate of family tax benefit includes rent assistance but
8
clause 4A or 4B of Schedule 1 to the Family Assistance
9
Act applies to reduce the person's, or the person's
10
partner's, Part A rate of family tax benefit.
11
Social Security (Administration) Act 1999
12
19 After subsection 118(12)
13
Insert:
14
(12A) If:
15
(a) a decision (the social security decision) was made that rent
16
assistance (the social security rent assistance) was to be
17
included when calculating a person's rate of social security
18
payment for each day in a period; and
19
(b) the condition in subsection (12B) is met for each day in that
20
period (which is about rent assistance also being included in
21
family tax benefit); and
22
(c) because the inclusion of the social security rent assistance
23
was contrary to Part 3.7 of the 1991 Act, an adverse
24
determination is made to reduce the rate of, or cancel, the
25
person's social security payment for each day in that period;
26
the adverse determination takes effect on the first day of that
27
period.
28
(12B) The condition in this subsection is met for each day in a period if:
29
(a) both of the following apply:
30
(i) the person was a member of a couple (other than an
31
illness separated couple, a respite care couple or a
32
temporarily separated couple) on each day in the period;
33
(ii) when the social security decision was made, a
34
determination under the family assistance law was in
35
force that included rent assistance when calculating the
36
Schedule 4 Rent assistance
Part 1 Duplicate rent assistance payments
32 Family and Community Services Legislation Amendment (Family Assistance and
Related Measures) Bill 2005 No. , 2005
person's, or the person's partner's, Part A rate of family
1
tax benefit for each day in the period; or
2
(b) both of the following apply:
3
(i) the person was not a member of a couple, or was a
4
member of an illness separated couple, a respite care
5
couple, or a temporarily separated couple, on each day
6
in the period;
7
(ii) when the social security decision was made, a
8
determination under the family assistance law was in
9
force that included rent assistance when calculating the
10
person's Part A rate of family tax benefit for each day in
11
the period; or
12
(c) all of the following apply:
13
(i) when the social security decision was made, no
14
determination of a kind mentioned in
15
subparagraph (a)(ii) or (b)(ii) (as the case requires) was
16
in force;
17
(ii) after the social security decision was made, such a
18
determination was made;
19
(iii) each day in the period either is, or comes after, the day
20
on which the determination was made.
21
Veterans' Entitlements Act 1986
22
20 Section 5 (index of definitions)
23
Insert the following entry in its appropriate alphabetical position, as
24
determined on a letter-by-letter basis:
25
maximum Part A rate of family tax benefit
5F(1)
21 Subsection 5F(1)
26
Insert:
27
maximum Part A rate of family tax benefit is the maximum rate
28
worked out in step 1 of the method statement in clause 3 of
29
Schedule 1 to the Family Assistance Act.
30
22 Subsection 56H(3)
31
Omit "and (8)", substitute ", (8) or (9)".
32
23 At the end of section 56H
33
Rent assistance Schedule 4
Duplicate rent assistance payments Part 1
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 33
Add:
1
Duplicate payments of rent assistance
2
(9) If:
3
(a) a decision (the veterans' entitlements decision) was made
4
that rent assistance (the veterans' entitlements rent
5
assistance) was to be included when calculating a person's
6
rate of service pension or income support supplement for
7
each day in a period; and
8
(b) the condition in subsection (10) is met for each day in that
9
period (which is about rent assistance also being included in
10
family tax benefit); and
11
(c) because the inclusion of the veterans' entitlements rent
12
assistance was contrary to Module C of the Rate Calculator,
13
an adverse determination is made to reduce the rate of, or
14
cancel, the person's service pension or income support
15
supplement for each day in that period;
16
the day specified under paragraph (2)(b) must be the first day of
17
that period and may be earlier than the day on which the
18
determination is made.
19
(10) The condition in this subsection is met for each day in a period if:
20
(a) both of the following apply:
21
(i) the person was a member of a couple (other than an
22
illness separated couple or a respite care couple) on
23
each day in the period;
24
(ii) when the veterans' entitlements decision was made, a
25
determination under the family assistance law was in
26
force that included rent assistance when calculating the
27
person's, or the person's partner's, Part A rate of family
28
tax benefit for each day in that period; or
29
(b) both of the following apply:
30
(i) the person was not a member of a couple, or was a
31
member of an illness separated couple, or a respite care
32
couple, on each day in the period;
33
(ii) when the veterans' entitlements decision was made, a
34
determination under the family assistance law was in
35
force that included rent assistance when calculating the
36
person's Part A rate of family tax benefit for each day in
37
that period; or
38
Schedule 4 Rent assistance
Part 1 Duplicate rent assistance payments
34 Family and Community Services Legislation Amendment (Family Assistance and
Related Measures) Bill 2005 No. , 2005
(c) all of the following apply:
1
(i) when the veterans' entitlements decision was made, no
2
determination of a kind mentioned in
3
subparagraph (a)(ii) or (b)(ii) (as the case requires) was
4
in force;
5
(ii) after the veterans' entitlements decision was made, such
6
a determination was made;
7
(iii) each day in the period either is, or comes after, the day
8
on which the determination was made.
9
24 Paragraph SCH6-C3(f) of Schedule 6
10
Repeal the paragraph, substitute:
11
(f) the person satisfies either point SCH6-C3A or SCH6-C3B.
12
25 After point SCH6-C3 of Schedule 6
13
Insert:
14
SCH6-C3A A person satisfies this point if:
15
(a) the person is not a member of a couple, or is a member of an
16
illness separated couple or a respite care couple, and is
17
entitled to be paid a family tax benefit; and
18
(b) either:
19
(i) the person's maximum Part A rate of family tax benefit
20
does not include rent assistance; or
21
(ii) the person's maximum Part A rate of family tax benefit
22
includes rent assistance and clause 4B of Schedule 1 to
23
the Family Assistance Act applies to reduce the person's
24
Part A rate of family tax benefit.
25
SCH6-C3B A person satisfies this point if:
26
(a) the person is a member of a couple (other than an illness
27
separated couple or a respite care couple) and the person, or
28
the person's partner, is entitled to be paid family tax benefit;
29
and
30
(b) either:
31
(i) the person's, or the person's partner's, maximum Part A
32
rate of family tax benefit does not include rent
33
assistance; or
34
(ii) the person's, or the person's partner's, maximum Part A
35
rate of family tax benefit includes rent assistance and
36
Rent assistance Schedule 4
Duplicate rent assistance payments Part 1
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 35
clause 4A or 4B of Schedule 1 to the Family Assistance
1
Act applies to reduce the person's, or the person's
2
partner's, Part A rate of family tax benefit.
3
Division 2--Application of amendments
4
26 Application of items 2 to 4
5
The amendments made by items 2 to 4 of this Schedule apply in relation
6
to a decision, made after the commencement of this item, to make a
7
determination that includes, or to vary a determination to include, rent
8
assistance when calculating an individual's Part A rate of family tax
9
benefit for a day that occurs before or after that commencement.
10
27 Application of items 7 to 18
11
The amendments made by items 7 to 18 of this Schedule apply in
12
relation to a decision, made after the commencement of this item,
13
calculating the rate of a social security payment for a day that occurs
14
before or after that commencement.
15
28 Application of item 19
16
The amendment made by item 19 applies in relation to an adverse
17
determination, made after the commencement of this item, to reduce the
18
rate of, or cancel, a person's social security payment for a day that
19
occurs after that commencement.
20
29 Application of items 22 and 23
21
The amendments made by items 22 and 23 apply in relation to an
22
adverse determination, made after the commencement of this item, to
23
reduce the rate of, or cancel, a person's service pension or income
24
support supplement for a day that occurs after that commencement.
25
30 Application of items 24 and 25
26
The amendments made by items 24 and 25 of this Schedule apply in
27
relation to a decision, made after the commencement of this item,
28
calculating the rate of service pension or income support supplement for
29
a day that occurs before or after that commencement.
30
Schedule 4 Rent assistance
Part 2 Rent certificates
36 Family and Community Services Legislation Amendment (Family Assistance and
Related Measures) Bill 2005 No. , 2005
1
Part 2--Rent certificates
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
31 After subsection 29(2)
5
Insert:
6
(2A) Without limiting subsection (2), if the information or documents
7
required relate to:
8
(a) the claimant's eligibility for rent assistance; or
9
(b) the amount of rent assistance to be added in calculating the
10
claimant's rate of family tax benefit;
11
the Secretary may vary the determination so as to establish a
12
different rate of family tax benefit that does not have the amount of
13
rent assistance added for any day, on which the determination was
14
or will be in force, after the end of the last instalment period before
15
the variation takes place or from a later day determined by the
16
Secretary.
17
Note:
The heading to subsection 29(2) is altered by omitting "Consequence" and substituting
18
"Consequences".
19
32 Subsection 29(3)
20
After "subsection (2)" (wherever occurring), insert "or (2A)".
21
33 Subsection 31(3)
22
Repeal the subsection, substitute:
23
Sections 27, 27A, 28, 28A, 28B, 30, 30A and 30B and subsection
24
29(2) variations prevail
25
(3) If:
26
(a) when the variation under this section takes place, a variation
27
of the determination is in force under section 27, 27A, 28,
28
28A, 28B, 30, 30A or 30B or subsection 29(2); and
29
(b) the variation under that section or subsection has effect for
30
any period when the variation under this section would have
31
Rent assistance Schedule 4
Rent certificates Part 2
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 37
the effect that the claimant is entitled to be paid family tax
1
benefit;
2
the variation under that section or subsection prevails over the
3
variation under this section.
4
34 Subsection 31A(3)
5
Repeal the subsection, substitute:
6
(3) If:
7
(a) when the variation under this section takes place, a variation
8
of the determination is in force under section 27, 27A, 28,
9
28A, 28B, 30, 30A or 30B or subsection 29(2); and
10
(b) the variation under that section or subsection has effect for
11
any period when the variation under this section would have
12
the effect that the claimant is entitled to be paid family tax
13
benefit;
14
the variation under that section or subsection prevails over the
15
variation under this section.
16
35 Subsection 31B(3)
17
Repeal the subsection, substitute:
18
(3) If:
19
(a) when the variation under this section takes place, a variation
20
of the determination is in force under section 27, 27A, 28,
21
28A, 28B, 30, 30A or 30B or subsection 29(2); and
22
(b) the variation under that section or subsection has effect for
23
any period when the variation under this section would have
24
the effect that the claimant is entitled to be paid family tax
25
benefit;
26
the variation under that section or subsection prevails over the
27
variation under this section.
28
Social Security (Administration) Act 1999
29
36 After section 81
30
Insert:
31
Schedule 4 Rent assistance
Part 2 Rent certificates
38 Family and Community Services Legislation Amendment (Family Assistance and
Related Measures) Bill 2005 No. , 2005
81A Rate reduction determination for non-compliance with notice
1
relating to rent assistance
2
(1) Without limiting section 81, if:
3
(a) an amount of rent assistance is being added to a person's
4
maximum basic rate of social security payment; and
5
(b) the person has been given:
6
(i) a notice under section 67 or 68 that requires the person
7
to give the Department a statement; or
8
(ii) a notice embodying a requirement under Division 1 of
9
Part 5; and
10
(c) any statement, information or document required by the
11
notice relates to:
12
(i) whether the person qualifies for rent assistance; or
13
(ii) the amount of the person's rent assistance; and
14
(d) the person does not comply with the requirement of the
15
notice;
16
the Secretary may determine that the person's rate of social
17
security payment is to be reduced by not adding the amount of rent
18
assistance to the person's maximum basic rate.
19
(2) The determination must also specify the new rate of social security
20
payment.
21
(3) Subsection (1) does not authorise the Secretary to make a
22
determination if:
23
(a) another provision of the social security law provides that the
24
rate at which the social security payment is payable to the
25
person is to be reduced by not adding the amount of rent
26
assistance to the person's maximum basic rate; and
27
(b) the determination would take effect at or after the time at
28
which the reduction referred to in paragraph (a) would take
29
effect.
30
37 At the end of Subdivision A of Division 7 of Part 3
31
Add:
32
85A Rate increase determination following rate reduction for
33
non-compliance with notice relating to rent assistance
34
(1) If:
35
Rent assistance Schedule 4
Rent certificates Part 2
Family and Community Services Legislation Amendment (Family Assistance and Related
Measures) Bill 2005 No. , 2005 39
(a) the Secretary reduces a person's rate of social security
1
payment under section 81A by not adding an amount of rent
2
assistance to the person's maximum basic rate; and
3
(b) the Secretary reconsiders the decision; and
4
(c) as a result of the reconsideration, the Secretary is satisfied
5
that, because of the decision, the rate at which social security
6
payment is being, or has been, paid is less than the rate
7
provided for by the social security law;
8
the Secretary must determine that the rate is to be increased to the
9
rate provided for by the social security law.
10
(2) The determination must also specify the new rate of social security
11
payment.
12
(3) The reconsideration referred to in paragraph (1)(b) may be a
13
reconsideration on an application under section 129 or a
14
reconsideration on the Secretary's own initiative.
15
38 Subdivision B of Division 9 of Part 3 (heading)
16
Repeal the heading, substitute:
17
Subdivision B--Determinations under section 78, 81A, 85 or
18
85A
19
39 Section 108 (definition of favourable determination)
20
Omit "or 85", substitute ", 85 or 85A".
21
40 Section 117 (definition of adverse determination)
22
After ", 81", insert ", 81A".
23
41 Paragraph 123(3)(a)
24
Omit "or 79", substitute ", 79, 81A or 85A".
25

 

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