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

SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT (DISABILITY SUPPORT PENSION PARTICIPATION REFORMS) BILL 2012

2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security and Other Legislation
Amendment (Disability Support Pension
Participation Reforms) Bill 2012
No. , 2012
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend the law relating to social
security, family assistance, child support and
veterans' entitlements, and for related purposes
Social Security and Other Legislation Amendment (Disability Support Pension Participation
Reforms) Bill 2012 No. , 2012 i
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Work rule for disability support pension
3
Social Security Act 1991
3
Social Security (Administration) Act 1999
3
Schedule 2--Participation requirements for disability support
pension
5
Social Security Act 1991
5
Schedule 3--Portability of disability support pension
9
Social Security Act 1991
9
Schedule 4--Average weekly earnings and other amendments
12
Part 1--Average weekly earnings
12
Division 1--Amendments commencing on Royal Assent
12
Child Support (Assessment) Act 1989
12
Division 2--Amendments commencing on 1 January 2013
12
Child Support (Assessment) Act 1989
12
Division 3--Amendments commencing on 1 July 2013
15
Child Support (Assessment) Act 1989
15
Part 2--Other amendments
17
Social Security Act 1991
17
Veterans' Entitlements Act 1986
17
Social Security and Other Legislation Amendment (Disability Support Pension Participation
Reforms) Bill 2012 No. , 2012 1
A Bill for an Act to amend the law relating to social
1
security, family assistance, child support and
2
veterans' entitlements, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Social Security and Other Legislation
6
Amendment (Disability Support Pension Participation Reforms)
7
Act 2012.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Social Security and Other Legislation Amendment (Disability Support Pension
Participation Reforms) Bill 2012 No. , 2012
1
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 this Act receives the Royal Assent.
2. Schedules 1, 2
and 3
1 July 2012.
1 July 2012
3. Schedule 4,
Part 1, Division 1
The day this Act receives the Royal Assent.
4. Schedule 4,
Part 1, Division 2
1 January 2013.
1 January 2013
5. Schedule 4,
Part 1, Division 3
1 July 2013.
1 July 2013
6. Schedule 4,
item 25
The day this Act receives the Royal Assent.
7. Schedule 4,
item 26
Immediately after the commencement of
item 15 of Schedule 3 to the Clean Energy
(Household Assistance Amendments) Act
2011.
20 March 2013
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
13
Work rule for disability support pension Schedule 1
Social Security and Other Legislation Amendment (Disability Support Pension Participation
Reforms) Bill 2012 No. , 2012 3
Schedule 1--Work rule for disability support
1
pension
2
3
Social Security Act 1991
4
1 After Section 95
5
Insert:
6
96 Continuation of disability support pension
7
(1) This section applies to a person if:
8
(a) the person is receiving disability support pension; and
9
(b) the person would, apart from this section, cease to be
10
qualified for disability support pension because the person
11
obtains paid work that is for:
12
(i) at least 15 hours per week; and
13
(ii) not more than 30 hours per week.
14
(2) A person to whom this section applies continues to be qualified for
15
disability support pension.
16
2 Paragraph 1035A(4)(b)
17
Omit "15", substitute "30".
18
3 Subparagraph 1035A(4)(e)(i)
19
Omit "15", substitute "30".
20
4 Paragraph 1061ZD(2)(b)
21
Omit "15", substitute "30".
22
Social Security (Administration) Act 1999
23
5 Paragraph 96(1)(a)
24
Omit "15", substitute "30".
25
6 Paragraph 97(1)(a)
26
Omit "15", substitute "30".
27
Schedule 1 Work rule for disability support pension
4 Social Security and Other Legislation Amendment (Disability Support Pension
Participation Reforms) Bill 2012 No. , 2012
7 Paragraph 97A(2)(b)
1
Omit "15", substitute "30".
2
8 Transitional
3
If:
4
(a) before this item commences, the Secretary suspended a
5
person's disability support pension because the person
6
obtained paid work that was for:
7
(i) at least 15 hours per week; and
8
(ii) not more than 30 hours per week; and
9
(b) immediately before this item commences, the suspension is
10
in effect;
11
then:
12
(c) as soon as practicable after this item commences, the
13
Secretary must, for the purposes of section 85 of the Social
14
Security (Administration) Act 1999, reconsider the
15
suspension; and
16
(d) if, having regard to the Social Security Act 1991 as in force
17
on 1 July 2012, the Secretary is satisfied that disability
18
support pension is payable to the person--the Secretary must,
19
under that section, determine that disability support pension
20
is payable to the person; and
21
(e) section 114 of the Social Security (Administration) Act 1999
22
applies to any such determination.
23
24
Participation requirements for disability support pension Schedule 2
Social Security and Other Legislation Amendment (Disability Support Pension Participation
Reforms) Bill 2012 No. , 2012 5
Schedule 2--Participation requirements for
1
disability support pension
2
3
Social Security Act 1991
4
1 After paragraph 94(1)(d)
5
Insert:
6
(da) in a case where the following apply:
7
(i) the person is under 35 years of age;
8
(ii) the Secretary is satisfied that the person is able to do
9
work that is for at least 8 hours per week on wages at or
10
above the relevant minimum wage and that exists in
11
Australia, even if not within the person's locally
12
accessible labour market;
13
(iii) if the person has one or more dependent children--the
14
youngest dependent child is 6 years of age or over;
15
the person meets any participation requirements that apply to
16
the person under section 94A; and
17
2 After section 94
18
Insert:
19
94A Participation requirements
20
(1) The participation requirements are as follows:
21
(a) the person must enter into a participation plan when the
22
person is required by the Secretary under section 94B to do
23
so;
24
(b) if a participation plan is in force in relation to the person--
25
the person must enter into another participation plan (instead
26
of the existing one) if required by the Secretary under
27
section 94B to do so;
28
(c) while a participation plan is in force in relation to the person,
29
the person must comply with the requirements in the plan.
30
(2) However, this section does not apply to the person during a period
31
when the person is covered by a participation exemption under
32
section 94C, 94D, 94E or 94F.
33
Schedule 2 Participation requirements for disability support pension
6 Social Security and Other Legislation Amendment (Disability Support Pension
Participation Reforms) Bill 2012 No. , 2012
94B Participation plans
1
(1) If a participation plan is not in force in relation to the person, the
2
Secretary may require the person to enter into a participation plan
3
under this section.
4
(2) If a participation plan is in force in relation to the person, the
5
Secretary may require the person to enter into another participation
6
plan instead of the existing one.
7
Notice of requirement
8
(3) The Secretary is to give the person notice of:
9
(a) the requirement; and
10
(b) the place and time at which the participation plan is to be
11
entered into.
12
Suitable requirements
13
(4) A participation plan that is in force in relation to a person must
14
contain one or more terms (the requirements) that:
15
(a) the person is required to comply with; and
16
(b) the Secretary regards as suitable for the person.
17
Approval of requirements
18
(5) The requirements in a plan are to be approved by the Secretary.
19
Optional terms
20
(6) A participation plan may also contain one or more terms that the
21
person may, but is not required to, comply with.
22
Form of plan
23
(7) A participation plan must be in a form approved by the Secretary.
24
94C Illness or accident
25
(1) A person is covered by a participation exemption if the Secretary is
26
satisfied that the person is temporarily unable to meet the
27
participation requirements because of illness or an accident.
28
Participation requirements for disability support pension Schedule 2
Social Security and Other Legislation Amendment (Disability Support Pension Participation
Reforms) Bill 2012 No. , 2012 7
(2) The person is covered by the participation exemption for a period
1
determined by the Secretary.
2
(3) In deciding whether he or she is satisfied as mentioned in
3
subsection (1), the Secretary may request the person to give the
4
Secretary a certificate from a medical practitioner.
5
(4) Subsection (3) does not limit subsection (1).
6
(5) A determination under subsection (2) is not a legislative
7
instrument.
8
94D Pre-natal and post-natal relief
9
(1) A pregnant woman is covered by a participation exemption for the
10
period that starts 6 weeks before the woman's expected date of
11
confinement and ends on the day on which the woman gives birth
12
to the child (whether or not the child is born alive).
13
(2) If a woman gives birth to a child (whether or not the child is born
14
alive), the woman is covered by a participation exemption for the
15
period that starts on the day on which she gives birth to the child
16
and ends 6 weeks after that day.
17
94E Supported employment
18
(1) A person is covered by a participation exemption for a period if:
19
(a) the person is employed throughout the period; and
20
(b) the work undertaken by the person in the course of that
21
employment is for wages set in accordance with the program
22
administered by the Commonwealth known as the supported
23
wage system.
24
(2) A person is covered by a participation exemption for a period if the
25
person is, throughout the period, in employment that is supported
26
by supported employment services within the meaning of section 7
27
of the Disability Services Act 1986.
28
94F Special circumstances
29
(1) A person is covered by a participation exemption for a period
30
determined by the Secretary if:
31
Schedule 2 Participation requirements for disability support pension
8 Social Security and Other Legislation Amendment (Disability Support Pension
Participation Reforms) Bill 2012 No. , 2012
(a) the Secretary is satisfied that special circumstances, beyond
1
the person's control, exist; and
2
(b) the Secretary is satisfied that in those circumstances it would
3
be unreasonable to expect the person to meet the participation
4
requirements for that period.
5
(2) The period determined under subsection (1) must not exceed 13
6
weeks.
7
(3) A determination under subsection (1) is not a legislative
8
instrument.
9
3 Application
10
The amendments made by this Schedule apply for the purposes of
11
working out a person's qualification for disability support pension in
12
respect of days occurring on or after 1 July 2012.
13
14
Portability of disability support pension Schedule 3
Social Security and Other Legislation Amendment (Disability Support Pension Participation
Reforms) Bill 2012 No. , 2012 9
Schedule 3--Portability of disability support
1
pension
2
3
Social Security Act 1991
4
1 Paragraph 94(1)(ea)
5
Omit "either", substitute "one of the following applies".
6
2 Subparagraph 94(1)(ea)(i)
7
Omit "or".
8
3 After subparagraph 94(1)(ea)(i)
9
Insert:
10
(ia) the person is absent from Australia and the Secretary
11
has made a determination in relation to the person under
12
subsection 1218AAA(1);
13
4 Paragraph 95(1)(d)
14
Omit "either", substitute "one of the following applies".
15
5 Subparagraph 95(1)(d)(i)
16
Omit "or".
17
6 After subparagraph 95(1)(d)(i)
18
Insert:
19
(ia) the person is absent from Australia and the Secretary
20
has made a determination in relation to the person under
21
subsection 1218AAA(1);
22
7 Section 1212
23
Insert:
24
severely impaired disability support pensioner means a person in
25
respect of whom the Secretary has made a determination under
26
subsection 1218AAA(1).
27
8 Section 1217 (table item 2, column 5)
28
Schedule 3 Portability of disability support pension
10 Social Security and Other Legislation Amendment (Disability Support Pension
Participation Reforms) Bill 2012 No. , 2012
After "sections", insert "1218AAA,".
1
9 Section 1217 (after table item 2)
2
Insert:
3
4
2A Disability
support
pension
Severely
impaired
disability
support
pensioner
Any absence
Unlimited
period
10 Before section 1218AA
5
Insert:
6
1218AAA Unlimited portability period for disability support
7
pension--severely impaired disability support pensioner
8
(1) The Secretary may make a written determination that a particular
9
person's maximum portability period for disability support pension
10
is an unlimited period, if all of the following circumstances (the
11
qualifying circumstances) exist:
12
(a) the person is receiving disability support pension;
13
(b) the Secretary is satisfied that the person's impairment is a
14
severe impairment (within the meaning of subsection
15
94(3B));
16
(c) the Secretary is satisfied that the person will have that severe
17
impairment for at least the next 5 years;
18
(d) the Secretary is satisfied that, if the person were in Australia,
19
the severe impairment would prevent the person from
20
performing any work independently of a program of support
21
(within the meaning of subsection 94(4)) within the next 5
22
years.
23
(2) The Secretary must not make a determination under subsection (1)
24
in relation to a person who is outside Australia unless the Secretary
25
is satisfied that:
26
(a) the person is unable to return to Australia because of either of
27
the following events:
28
(i) a serious accident involving the person;
29
(ii) the hospitalisation of the person; and
30
Portability of disability support pension Schedule 3
Social Security and Other Legislation Amendment (Disability Support Pension Participation
Reforms) Bill 2012 No. , 2012 11
(b) the person's portability period for disability support pension
1
had not ended at the time the event occurred.
2
(3) The Secretary may revoke the determination if any of the
3
qualifying circumstances ceases to exist.
4
(4) A determination under subsection (1) is not a legislative
5
instrument.
6
(5) In this section:
7
work means work:
8
(a) that is on wages that are at or above the relevant minimum
9
wage; and
10
(b) that exists in Australia, even if not within the person's locally
11
accessible labour market.
12
11 Section 1218AA (heading)
13
Repeal the heading, substitute:
14
1218AA Unlimited portability period for disability support
15
pension--terminally ill overseas disability support
16
pensioner
17
12 Subsection 1220B(1)
18
Omit "for a severely disabled person for whom an unlimited maximum
19
portability period for the pension has been determined under
20
section 1218AA", substitute "for a person for whom an unlimited
21
maximum portability period for the pension has been determined under
22
section 1218AAA or 1218AA".
23
13 Application
24
(1)
The amendments made by items 1 to 6 apply for the purposes of
25
working out a person's qualification for disability support pension in
26
respect of days occurring on or after 1 July 2012.
27
(2)
The amendments made by items 7 to 12 apply in relation to periods of
28
absence from Australia beginning on or after the commencement of
29
those items.
30
Schedule 4 Average weekly earnings and other amendments
Part 1 Average weekly earnings
12 Social Security and Other Legislation Amendment (Disability Support Pension
Participation Reforms) Bill 2012 No. , 2012
Schedule 4--Average weekly earnings and
1
other amendments
2
Part 1--Average weekly earnings
3
Division 1--Amendments commencing on Royal Assent
4
Child Support (Assessment) Act 1989
5
1 Subsection 155(2A)
6
Repeal the subsection.
7
2 Transitional--publication of figures
8
Subsection 155(2) of the Child Support (Assessment) Act 1989 applies
9
in relation to the calendar year ending on 31 December 2012 as if the
10
amendments of:
11
(a) section 5 of that Act; and
12
(b) section 5A of that Act; and
13
(c) subsection 155(2) of that Act;
14
made by Division 2 of this Part had already commenced.
15
3 Transitional--assessments for child support periods
16
starting on or after 1 January 2013
17
The Child Support (Assessment) Act 1989 applies in relation to the
18
making or amendment, before 1 January 2013, of an administrative
19
assessment for a child support period starting on or after 1 January 2013
20
as if the amendments of that Act made by Division 2 of this Part had
21
already commenced.
22
Division 2--Amendments commencing on 1 January
23
2013
24
Child Support (Assessment) Act 1989
25
4 Subsection 5(1)
26
Insert:
27
Average weekly earnings and other amendments Schedule 4
Average weekly earnings Part 1
Social Security and Other Legislation Amendment (Disability Support Pension Participation
Reforms) Bill 2012 No. , 2012 13
relevant June quarter has the meaning given by subsection 5A(2).
1
5 Subsection 5(1) (definition of relevant September quarter)
2
Repeal the definition.
3
6 Subsection 5A(1)
4
Omit "September", substitute "June".
5
7 Subsection 5A(2)
6
Repeal the subsection, substitute:
7
(2)
The
relevant June quarter, in relation to a child support period,
8
means the quarter ending on 30 June of the last calendar year
9
ending before the child support period begins.
10
8 Paragraph 5A(5)(a)
11
Omit "September", substitute "June".
12
9 Section 45
13
Repeal the section, substitute:
14
45 Working out the self-support amount
15
A
parent's
self-support amount for a day in a child support period
16
is:
17
1
Annualised MTAWE figure
for the relevant June quarter
3
�
18
Note:
A parent's self-support amount can be varied by a determination or
19
order under section 98S or 118.
20
10 Paragraph 58(4)(d)
21
Omit "September", substitute "June".
22
11 Subsection 58(5)
23
Omit "September", substitute "June".
24
12 Subsection 58D(2)
25
Omit "September", substitute "June".
26
Schedule 4 Average weekly earnings and other amendments
Part 1 Average weekly earnings
14 Social Security and Other Legislation Amendment (Disability Support Pension
Participation Reforms) Bill 2012 No. , 2012
13 Subparagraph 98S(1)(e)(i)
1
Omit "September", substitute "June".
2
14 Subparagraph 118(1)(e)(i)
3
Omit "September", substitute "June".
4
15 Paragraph 155(2)(a)
5
Omit "September", substitute "June".
6
16 Subparagraph 155(2)(b)(i)
7
Omit "September", substitute "June".
8
17 After subsection 155(2)
9
Insert:
10
(2A) Before the end of each financial year, the Secretary must publish in
11
the Gazette the AWE amount (within the meaning of subsection
12
58AA(1)) for the quarter ending on 31 December of that year.
13
18 Transitional--publication of figures
14
Subsection 155(2A) of the Child Support (Assessment) Act 1989 applies
15
in relation to the financial year ending on 30 June 2013 as if the
16
amendments of section 58AA of that Act made by Division 3 of this
17
Part had already commenced.
18
19 Subclause 2(3) of Schedule 1
19
Omit "September", substitute "June".
20
20 Application of amendments
21
The amendments made by items 6 to 16 apply in relation to child
22
support periods starting on or after the commencement of this Division.
23
21 Transitional--assessments for child support periods
24
starting on or after 1 July 2013
25
The Child Support (Assessment) Act 1989 applies in relation to the
26
making or amendment, before 1 July 2013, of an administrative
27
assessment for a child support period starting on or after 1 July 2013 as
28
if the amendments of that Act made by Division 3 of this Part had
29
already commenced.
30
Average weekly earnings and other amendments Schedule 4
Average weekly earnings Part 1
Social Security and Other Legislation Amendment (Disability Support Pension Participation
Reforms) Bill 2012 No. , 2012 15
Division 3--Amendments commencing on 1 July 2013
1
Child Support (Assessment) Act 1989
2
22 Subsection 58AA(1)
3
Repeal the subsection, substitute:
4
(1)
The
ATI indexation factor is:
5
AWE amount for the December quarter
of the last relevant year of income
AWE amount for the December quarter of the tax return year
6
where:
7
AWE amount for a December quarter of a year of income means
8
the amount published for the reference period in the quarter by the
9
Australian Statistician in a document titled "Average Weekly
10
Earnings, Australia" (or, if that title changes, in a replacement
11
document) under the headings "Average Weekly Earnings--
12
Trend--Persons--All employees total earnings" (or, if any of
13
those headings change, under any replacement headings).
14
December quarter of a year of income means the quarter ending
15
on 31 December of that year.
16
reference period in a December quarter of a year of income means
17
the period described by the Australian Statistician as the last pay
18
period ending on or before the third Friday of the middle month of
19
the quarter.
20
tax return year means:
21
(a) if subsection 58(3) applies--the year of income before the
22
last relevant year of income in relation to a child support
23
period; or
24
(b) if subsection 58(4) applies--the earlier year of income that
25
applies under paragraph 58(4)(c).
26
23 Paragraph 58AA(3)(a)
27
Omit "September", substitute "December".
28
24 Application of amendments
29
Schedule 4 Average weekly earnings and other amendments
Part 1 Average weekly earnings
16 Social Security and Other Legislation Amendment (Disability Support Pension
Participation Reforms) Bill 2012 No. , 2012
The amendments made by this Division apply in relation to child
1
support periods starting on or after the commencement of this Division.
2
3
Average weekly earnings and other amendments Schedule 4
Other amendments Part 2
Social Security and Other Legislation Amendment (Disability Support Pension Participation
Reforms) Bill 2012 No. , 2012 17
Part 2--Other amendments
1
Social Security Act 1991
2
25 Sub-subparagraphs 1139(2)(b)(iv)(A) and (B)
3
Repeal the sub-subparagraphs.
4
Veterans' Entitlements Act 1986
5
26 Paragraph 58A(6)(c)
6
Repeal the paragraph, substitute:
7
(c) apart from this subsection, the portion of the instalment
8
corresponding to that day would be more than a nil amount
9
but less than
1
/
364
of the total of:
10
(i) the minimum pension supplement amount, if an amount
11
described in subparagraph (a)(i) was added as described
12
in paragraph (a); and
13
(ii) the clean energy supplement (if any) added as described
14
in paragraph (a);
15

 

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