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

SOCIAL SECURITY AMENDMENT (EXTENSION OF YOUTH ALLOWANCE AND AUSTUDY ELIGIBILITY TO NEW APPRENTICES) BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Amendment (Extension
of Youth Allowance and Austudy
Eligibility to New Apprentices) Bill 2005
No. , 2005
(Education, Science and Training)
A Bill for an Act to amend the law relating to social
security, and for other purposes
i Social Security Amendment (Extension of Youth Allowance and Austudy Eligibility to New
Apprentices) Bill 2005 No. , 2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................2
Schedule 1--Extending payments to new apprentices
3
Part 1--Amendments relating to youth allowance
3
Social Security Act 1991
3
Part 2--Amendments relating to austudy payment
8
Social Security Act 1991
8
Schedule 2--Commonwealth Trade Learning Scholarships and
Tools for Your Trade initiative
10
Income Tax Assessment Act 1997
10
Social Security Act 1991
10
Veterans' Entitlements Act 1986
11
Schedule 3--Technical correction
12
Social Security Act 1991
12
Social Security Amendment (Extension of Youth Allowance and Austudy Eligibility to New
Apprentices) Bill 2005 No. , 2005 1
A Bill for an Act to amend the law relating to social
1
security, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Social Security Amendment
5
(Extension of Youth Allowance and Austudy Eligibility to New
6
Apprentices) 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 Social Security Amendment (Extension of Youth Allowance and Austudy Eligibility to
New Apprentices) 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. Schedules 1
and 2
1 July 2005.
1 July 2005
3. Schedule 3
At the same time as item 68 of Schedule 1 to
the Social Security (Administration and
International Agreements) (Consequential
Amendments) Act 1999 commenced.
20 March 2000
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
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Extending payments to new apprentices Schedule 1
Amendments relating to youth allowance Part 1
Social Security Amendment (Extension of Youth Allowance and Austudy Eligibility to New
Apprentices) Bill 2005 No. , 2005 3
1
Schedule 1--Extending payments to new
2
apprentices
3
Part 1--Amendments relating to youth allowance
4
Social Security Act 1991
5
1 Subsection 23(1)
6
Insert:
7
new apprentice means a person who has a current Commonwealth
8
registration number in relation to a full-time apprenticeship,
9
traineeship or trainee apprenticeship under the scheme known as
10
New Apprenticeships, but does not include a person whose
11
registration number is suspended.
12
2 After section 540A
13
Insert:
14
540AA Qualification for youth allowance--new apprentices
15
Subject to this Subdivision, a person is qualified for a youth
16
allowance in respect of a period if, throughout the period:
17
(a) the person is a new apprentice; and
18
(b) the person is of youth allowance age (see Subdivision D);
19
and
20
(c) the person:
21
(i) is an Australian resident; or
22
(ii) is exempt from the residence requirement within the
23
meaning of subsection 7(7).
24
Note 1:
Subdivision G provides for prospective qualification for youth
25
allowance.
26
Note 2:
Division 2 sets out situations in which youth allowance is not payable
27
even if the person qualifies for it.
28
3 Paragraph 541(3)(a)
29
Repeal the paragraph, substitute:
30
(a) the person is a new apprentice; or
31
Schedule 1 Extending payments to new apprentices
Part 1 Amendments relating to youth allowance
4 Social Security Amendment (Extension of Youth Allowance and Austudy Eligibility to
New Apprentices) Bill 2005 No. , 2005
4 Subsection 541(4)
1
Repeal the subsection.
2
5 At the end of subsection 543A(2)
3
Add:
4
; or (d) is a new apprentice.
5
6 At the end of subsection 543B(1)
6
Add:
7
; or (d) the person is not a new apprentice and is at least 21 years old;
8
or
9
(e) the person:
10
(i) is a new apprentice; and
11
(ii) will be a new apprentice for less than 12 months; and
12
(iii) was, immediately before becoming a new apprentice,
13
receiving newstart allowance; and
14
(iv) is at least 21 years old; or
15
(f) the person is a new apprentice and is at least 25 years old.
16
7 Paragraph 543B(2)(b)
17
Repeal the paragraph, substitute:
18
(b) is either:
19
(i) undertaking full-time study in respect of a course of
20
education that the person had commenced before
21
turning 25; or
22
(ii) a new apprentice and became a new apprentice before
23
turning 25.
24
8 At the end of subsection 552A(1)
25
Add:
26
; and (f) the scheme to provide an allowance known as the Living
27
Away from Home Allowance.
28
9 At the end of paragraph 1067D(1)(c)
29
Add:
30
; or (iii) the person needs to live away from home because the
31
person is a new apprentice.
32
Extending payments to new apprentices Schedule 1
Amendments relating to youth allowance Part 1
Social Security Amendment (Extension of Youth Allowance and Austudy Eligibility to New
Apprentices) Bill 2005 No. , 2005 5
10 Paragraph 1067F(1)(c)
1
Repeal the paragraph, substitute:
2
(c) is either:
3
(i) undertaking full-time study in respect of a course of
4
education that the person had commenced after turning
5
21; or
6
(ii) a new apprentice and became a new apprentice after
7
turning 21; and
8
11 Paragraph 1067F(1)(d)
9
Omit "referred to in paragraph (c)", substitute "or became a new
10
apprentice".
11
12 After paragraph 1067G-H29(a)
12
Insert:
13
(aa) if the person is a new apprentice at any time in the fortnight
14
in respect of which a youth allowance may be payable--
15
$236; or
16
13 Point 1067G-J2
17
After "(see section 541B)", insert "or is a new apprentice (see
18
subsection 23(1))".
19
14 Point 1067G-J3 (method statement, paragraph (a) of step
20
3)
21
After "under point 1067G-J4", insert "and the person is not a new
22
apprentice".
23
15 Point 1067G-J3 (method statement, after paragraph (a) of
24
step 3)
25
Insert:
26
(aa)
if the person has an income credit for that fortnight
27
under point 1067G-J4 and the person is a new
28
apprentice--add it to the balance of the person's
29
income bank credit in respect of all the previous
30
fortnights, but not so as to increase the balance
31
beyond $1,000; or
32
Schedule 1 Extending payments to new apprentices
Part 1 Amendments relating to youth allowance
6 Social Security Amendment (Extension of Youth Allowance and Austudy Eligibility to
New Apprentices) Bill 2005 No. , 2005
16 Subparagraph 1067G-J8(c)(i)
1
After "full-time study", insert "or becomes a new apprentice".
2
17 Section 1067G (at the end of Module J)
3
Add:
4
Opening balance following commencement as a new apprentice by
5
youth allowance recipient
6
1067G-J11 If:
7
(a) a person is receiving youth allowance and is not a new
8
apprentice; and
9
(b) the person becomes a new apprentice; and
10
(c) either because of a determination made as a result of the
11
commencement or, if no determination is necessary, because
12
of the commencement itself, the person, on a day (the
13
module application day):
14
(i) ceases to be a working credit participant; and
15
(ii) becomes a person to whom this Module applies; and
16
(d) the person had a working credit balance greater than nil
17
immediately before the module application day;
18
the working credit balance mentioned in paragraph (d) becomes the
19
opening balance of the income bank credit applicable to the person
20
on the module application day.
21
18 After subsection 1073E(5)
22
Insert:
23
Opening balance following cessation as a new apprentice by youth
24
allowance recipient
25
(5A) If:
26
(a) a person is receiving youth allowance and is a new
27
apprentice; and
28
(b) the person ceases to be a new apprentice; and
29
(c) either because of a determination made as a result of that
30
cessation or, if no determination is necessary, because of the
31
cessation itself, the person, on a day (the participation day):
32
Extending payments to new apprentices Schedule 1
Amendments relating to youth allowance Part 1
Social Security Amendment (Extension of Youth Allowance and Austudy Eligibility to New
Apprentices) Bill 2005 No. , 2005 7
(i) ceases to be a person to whom the student income bank
1
set out in Module J of the Youth Allowance Rate
2
Calculator applies; and
3
(ii) becomes a working credit participant; and
4
(d) the person had a student income bank balance greater than nil
5
immediately before the participation day;
6
the student income bank balance mentioned in paragraph (d), to the
7
extent that it does not exceed $1,000, becomes the opening balance
8
of the working credit applicable to the person on the participation
9
day.
10
Schedule 1 Extending payments to new apprentices
Part 2 Amendments relating to austudy payment
8 Social Security Amendment (Extension of Youth Allowance and Austudy Eligibility to
New Apprentices) Bill 2005 No. , 2005
1
Part 2--Amendments relating to austudy payment
2
Social Security Act 1991
3
19 After section 568
4
Insert:
5
568AA Qualification for austudy payment--new apprentices
6
Subject to this Subdivision, a person is qualified for an austudy
7
payment in respect of a period if, throughout the period:
8
(a) the person is a new apprentice; and
9
(b) the person is of austudy age (see Subdivision C); and
10
(c) the person is an Australian resident.
11
Note:
Division 2 sets out situations in which an austudy payment is not
12
payable even if the person qualifies for it.
13
20 Paragraph 569(2)(a)
14
Repeal the paragraph, substitute:
15
(a) is a new apprentice; or
16
21 Subsection 569(3)
17
Repeal the subsection.
18
22 At the end of subsection 578A(1)
19
Add:
20
; and (f) the scheme to provide an allowance known as the Living
21
Away from Home Allowance.
22
23 Paragraph 1067K(1)(c)
23
Repeal the paragraph, substitute:
24
(c) is either:
25
(i) undertaking study (whether as a full-time student or as a
26
concessional study-load student) in respect of a course
27
of education that the person has commenced after
28
turning 21; or
29
Extending payments to new apprentices Schedule 1
Amendments relating to austudy payment Part 2
Social Security Amendment (Extension of Youth Allowance and Austudy Eligibility to New
Apprentices) Bill 2005 No. , 2005 9
(ii) a new apprentice and became a new apprentice after
1
turning 21; and
2
24 Paragraph 1067K(1)(d)
3
Omit "referred to in paragraph (c)", substitute "or became a new
4
apprentice".
5
25 Point 1067L-E2 (method statement, paragraph (a) of step
6
3)
7
After "under point 1067L-E3", insert "and the person is not a new
8
apprentice".
9
26 Point 1067L-E2 (method statement, after paragraph (a) of
10
step 3)
11
Insert:
12
(aa)
if the person has an income credit for that fortnight
13
under point 1067L-E3 and the person is a new
14
apprentice--add it to the balance of the person's
15
income bank credit in respect of all the previous
16
fortnights, but not so as to increase the balance
17
beyond $1,000; or
18
Schedule 2 Commonwealth Trade Learning Scholarships and Tools for Your Trade
initiative
10 Social Security Amendment (Extension of Youth Allowance and Austudy Eligibility to
New Apprentices) Bill 2005 No. , 2005
1
Schedule 2--Commonwealth Trade Learning
2
Scholarships and Tools for Your Trade
3
initiative
4
5
Income Tax Assessment Act 1997
6
1 Section 11-15 (table item headed "education")
7
After:
8
bursary, educational allowance etc.................................... 51-10 and 51-35
insert:
9
Commonwealth Trade Learning Scholarship, recipient
of ............................................................................... 51-10
2 Section 51-10 (at the end of the table)
10
Add:
11
2.3
a recipient of a
scholarship known as
a Commonwealth
Trade Learning
Scholarship
the scholarship
none
3 Application of amendments
12
The amendments made by items 1 and 2 of this Schedule apply in
13
relation to the 2005-2006 income year and to later income years.
14
Social Security Act 1991
15
4 After paragraph 8(8)(zi)
16
Insert:
17
(zia) the amount or value of a scholarship known as a
18
Commonwealth Trade Learning Scholarship;
19
5 At the end of subsection 8(8)
20
Add:
21
; (zs) the value of the benefit provided under the initiative known
22
as the Tools for Your Trade initiative.
23
Commonwealth Trade Learning Scholarships and Tools for Your Trade initiative
Schedule 2
Social Security Amendment (Extension of Youth Allowance and Austudy Eligibility to New
Apprentices) Bill 2005 No. , 2005 11
Veterans' Entitlements Act 1986
1
6 After paragraph 5H(8)(ha)
2
Insert:
3
(haa) the amount or value of a scholarship known as a
4
Commonwealth Trade Learning Scholarship;
5
7 At the end of subsection 5H(8)
6
Add:
7
; (zzb) the value of the benefit provided under the initiative known
8
as the Tools for Your Trade initiative.
9
Schedule 3 Technical correction
12 Social Security Amendment (Extension of Youth Allowance and Austudy Eligibility to
New Apprentices) Bill 2005 No. , 2005
1
Schedule 3--Technical correction
2
3
Social Security Act 1991
4
1 Subsection 578A(1)
5
Omit "578(b)", substitute "578(2)(b)".
6

 

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