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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97-98
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Social
Security and Veterans’ Affairs Legislation Amendment (Pension Bonus
Scheme) Bill 1998
No. ,
1998
(Social
Security)
A Bill for an Act to amend the
Social Security Act 1991 and the Veterans’ Entitlements
Act 1986, and for other purposes
9802620—2,974/24.3.1998—(26/98)
Cat. No. 97 2803 1 ISBN 0644 518545
Contents
A Bill for an Act to amend the Social Security Act
1991 and the Veterans’ Entitlements Act 1986, and for other
purposes
The Parliament of Australia enacts:
This Act may be cited as the Social Security and Veterans’
Affairs Legislation Amendment (Pension Bonus Scheme) Act 1998.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Section 3
Insert in the appropriate alphabetical position (determined on a
letter-by-letter basis):
|
pension bonus |
23(1) |
2 After subsection 11(3B)
Insert:
(3C) To avoid doubt, a person’s entitlement to be paid a pension
bonus is taken not to be an asset of the person for the purposes of this
Act.
(3D) Subsection (3C) is to be disregarded in determining whether any other
entitlement is an asset for the purposes of this Act.
3 Subsection 23(1)
Insert:
pension bonus means pension bonus under Part 2.2A.
4 Subsection 40(1)
Omit “dealing with”, substitute “(other than Part 2.2A)
that deals with”.
5 At the end of section 49
Add:
(2) The approved form may require the claimant to disclose whether the
claimant is registered as a member of:
(a) the pension bonus scheme (see Part 2.2A); or
(b) the corresponding scheme under Part IIIAB of the Veterans’
Entitlements Act.
6 After Part 2.2
Insert:
The following is a simplified outline of this Part:
• A person who qualifies for an age pension but defers claiming that
pension may be able to get a single lump-sum pension
bonus.
• A person who wants to get a pension bonus must register
as a member of the pension bonus scheme.
• To get a pension bonus, a person must accrue between 1 and 5
bonus periods while deferring age pension.
• Generally, a bonus period runs for 1 year.
• To accrue a bonus period, the person must pass the work test
for that period.
• To pass the work test for a year, either the person, or the
person’s partner, must gainfully work for at least 960 hours
during that year.
• The amount of a person’s pension bonus depends on the number
of accrued bonus periods and the person’s annual rate of age pension. A
person may get a bigger bonus by accruing more bonus periods.
In this Part:
accruing member of the pension bonus scheme has the meaning
given by section 92N.
bonus period has the meaning given by section 92T.
carer preclusion period has the meaning given by section
93W.
compensation preclusion period has the meaning given by
section 93V.
disposal preclusion period has the meaning given by section
93U.
full-year period means a continuous period of 365
days.
gainful work has the meaning given by sections 92X to 93A
(inclusive).
non-accruing member of the pension bonus scheme has the
meaning given by sections 92P and 92Q.
part-year period means a continuous period of less than 365
days.
passing the work test has the meaning given by sections 92U
and 92V.
post-75 member of the pension bonus scheme has the meaning
given by section 92S.
registration as a member of the pension bonus scheme means
registration under section 92J.
A person is qualified for a pension bonus if:
(a) both:
(i) the person starts to receive an age pension at or after the time when
the person makes a claim for the pension bonus; and
(ii) that age pension is received otherwise than because of a scheduled
international social security agreement (within the meaning of section 1208);
and
(b) the person has not received an age pension at any time before making a
claim for the pension bonus; and
(c) the person is registered as a member of the pension bonus scheme;
and
(d) the person has accrued at least one full-year bonus period while
registered as a member of the pension bonus scheme; and
(e) the person has not received:
(i) a social security pension (other than an age pension or a carer
payment); or
(ii) a social security benefit; or
(iii) a service pension (other than a carer service pension); or
(iv) an income support supplement (other than an income support supplement
that is payable as a result of the operation of subclause 8(3) of Schedule 5 to
the Veterans’ Entitlements Act);
at any time after the person qualified for an age pension; and
(f) the person has not already received:
(i) another pension bonus; or
(ii) a bonus under Part IIIAB of the Veterans’ Entitlements
Act.
Note: Subclause 8(3) of Schedule 5 to the Veterans’
Entitlements Act deals with income support supplement for
carers.
A person may apply for registration as a member of the pension bonus
scheme.
An application must be in writing and must be in accordance with a form
approved by the Secretary.
(1) An approved form may require the applicant to provide relevant
information (see subsection (4)).
(2) The Secretary may, by written notice given to the applicant, require
the applicant to give the Secretary, within a specified period, further relevant
information. The Secretary may refuse to register the applicant until the
applicant gives the Secretary the information.
(3) A period specified for the purposes of subsection (2) must run for at
least 14 days after the notice was given.
(4) For the purposes of this section, relevant information
includes (but is not limited to):
(a) information that would be likely to assist the Secretary in advising
the applicant about the operation of this Part; and
(b) information that is relevant to determining whether a disposal
preclusion period, compensation preclusion period or carer preclusion period has
arisen, or is likely to arise, in relation to the applicant; and
(c) a statement of the applicant’s present expectations in relation
to any or all of the following matters:
(i) the number of bonus periods that the person is likely to accrue while
registered as a member of the pension bonus scheme;
(ii) the likely nature and extent of the person’s participation in
the workforce during those periods;
(iii) if the person has a partner—the likely nature and extent of
the partner’s participation in the workforce during those
periods.
(1) An application must be lodged:
(a) at an office of the Department; or
(b) at a place approved by the Secretary; or
(c) with a person approved by the Secretary.
(2) A place or person approved under subsection (1) may be a place or
person within or outside Australia.
Age pension qualification date on or after 1 July 1998
(1) If a person’s date of qualification for the age pension occurs
on or after 1 July 1998:
(a) the person must lodge an application during the period that begins 13
weeks before the person’s date of qualification for the age pension and
ends 13 weeks after that date; and
(b) if registration occurs as a result of an application lodged within
that period—the registration takes effect on the person’s date of
qualification for the age pension.
Note: The Secretary may extend the period: see subsection
(3).
Age pension qualification date before 1 July 1998
(2) If a person’s date of qualification for the age pension occurs
before 1 July 1998:
(a) the person must lodge an application during the period that begins on
the commencement of this section and ends 13 weeks after 1 July 1998;
and
(b) if registration occurs as a result of an application lodged within
that period—the registration takes effect on 1 July 1998.
Note: The Secretary may extend the period: see subsection
(3).
Late applications
(3) The Secretary may extend the period within which a person must lodge
an application. If registration occurs as a result of an application lodged
during an extended period, the registration takes effect:
(a) on the date on which the application is lodged; or
(b) if the Secretary decides that it should take effect on another
date—on that other date.
(4) The
Secretary must not make a decision to extend the period within which a person
must lodge an application unless, if it were assumed that the person had been a
member of the pension bonus scheme throughout the pre-application
period:
(a) the person would have been a non-accruing member for all of the
pre-application period; or
(b) both:
(i) the person would have been an accruing member for some or all of the
pre-application period; and
(ii) the person would have passed the work test for each test period that
is applicable to the person.
Note 1: Pre-application period is defined by
subsection (5).
Note 2: Test period is defined by subsection
(6).
(5) For the purposes of this section, the pre-application period
is the period beginning on:
(a) in the case of a person whose date of qualification for the age
pension occurs on or after 1 July 1998—the person’s date of
qualification for the age pension; or
(b) in the case of a person whose date of qualification for the age
pension occurs before 1 July 1998—1 July 1998;
and ending on the date on which the person lodged the
application.
(6) For the purposes of this section, to work out what is a test
period:
(a) identify the overall accruing period, which is that part
of the pre-application period for which, if it were assumed that the person had
been a member of the pension bonus scheme throughout the pre-application period,
the person would have been an accruing member of the scheme;
(b) if the overall accruing period is 365 days or less—the overall
accruing period is the only test period;
(c) if the overall accruing period is longer than 365 days—each of
the following periods is a test period:
(i) the full-year period beginning at the start of the overall accruing
period;
(ii) if 2 or more succeeding full-year periods are included in the overall
accruing period—each of those full-year periods;
(iii) the remainder (if any) of the overall accruing period.
(7) For the purposes of subsection (4), the Secretary is taken to have
waived compliance with the applicable record-keeping requirements in relation to
each test period.
Date of qualification for the age pension
(8) For the purposes of this section, a person’s date of
qualification for the age pension is to be worked out on the assumption
that being an Australian resident were an additional qualification for an age
pension.
(9) For the purposes of this section, if a person would otherwise have 2
or more dates of qualification for the age pension, only the first date is to be
counted.
(1) If an application is made in accordance with this Subdivision, the
Secretary must register the applicant as a member of the pension bonus
scheme.
(2) This section has effect subject to subsection 92F(2).
A person’s membership of the pension bonus scheme begins on the
date on which the registration of that membership takes effect and continues
until the membership is cancelled under this Act.
A person’s membership of the pension bonus scheme is cancelled
if:
(a) the person’s claim for pension bonus is determined; or
(b) the person starts to receive:
(i) a social security pension (other than an age pension or a carer
payment); or
(ii) a social security benefit; or
(iii) a service pension (other than a carer service pension); or
(iv) an income support supplement (other than an income support supplement
that is payable as a result of the operation of subclause 8(3) of Schedule 5 to
the Veterans’ Entitlements Act);
at any time after the person qualified for an age pension; or
(c) the person does not make a proper claim for a pension bonus when the
person claims age pension; or
(d) the person requests the Secretary, in writing, to cancel the
person’s membership.
Note: Subclause 8(3) of Schedule 5 to the Veterans’
Entitlements Act deals with income support supplement for
carers.
To avoid doubt, an application for registration as a member of the
pension bonus scheme is not to be treated as a claim for the purposes of any law
of the Commonwealth.
For the purposes of this Part, a person’s membership of the pension
bonus scheme at a particular time is accruing unless the
person’s membership is non-accruing or post-75 at that time.
Disposal preclusion period
(1) For the purposes of this Part, if a person is subject to a disposal
preclusion period at a particular time when the person is a member of the
pension bonus scheme, the person’s membership of the scheme is
non-accruing at that time.
Note: Disposal preclusion period is defined by
section 93U.
Compensation preclusion period
(2) For the purposes of this Part, if a person is subject to a
compensation preclusion period at a particular time when the person is a member
of the pension bonus scheme, the person’s membership of the scheme is
non-accruing at that time.
Note: Compensation preclusion period is
defined by section 93V.
Carer preclusion period
(3) For the purposes of this Part, if a person is subject to a carer
preclusion period at a particular time when the person is a member of the
pension bonus scheme, the person’s membership of the scheme is
non-accruing at that time.
Note: Carer preclusion period is defined by
section 93W.
(1) The Secretary may, by written notice published in the Gazette,
declare that, for the purposes of this Part, a specified kind of member of the
pension bonus scheme is a non-accruing member throughout a period
ascertained in accordance with the declaration. The period must not begin before
the publication of the notice.
(2) The kinds of members that may be specified under subsection (1)
include (but are not limited to):
(a) a member who is a participant in the Community Development Employment
Program; and
(b) a member who is in gaol (see subsection 23(5)); and
(c) a member who is undergoing psychiatric confinement (see subsections
23(8) and (9)) because the member has been charged with committing an offence;
and
(d) a member who is not a participant in the workforce, but whose
partner:
(i) is a participant in the workforce; and
(ii) is not a registered member of the pension bonus scheme or of the
corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act;
and
(iii) intends to become a registered member of the pension bonus scheme or
of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements
Act; and
(e) a member who is on sick leave for a continuous period of at least 4
weeks and not more than 26 weeks.
(3) A declaration under this section has effect accordingly.
If:
(a) a person has been an accruing member of the pension bonus scheme for a
continuous period (the first accruing membership period)
(including a period that is applicable because of one or more applications of
this section); and
(b) the first accruing membership period is followed by a continuous
period of non-accruing membership of the scheme; and
(c) the period of non-accruing membership is followed by a further
continuous period of accruing membership of the scheme (the second
accruing membership period);
the first accruing membership period and the second accruing membership
period are together taken to constitute a continuous period of accruing
membership of the scheme.
A person’s membership of the pension bonus scheme is
post-75 at all times after the person reaches age 75.
Full-year bonus period
(1) The first bonus period that accrues to a person is the
full-year period of the person’s accruing membership of the pension bonus
scheme:
(a) that began on whichever of the following dates is
applicable:
(i) if the person was an accruing member of the pension bonus scheme on
the date the person’s registration as a member took effect—the date
the registration took effect;
(ii) in any other case—the date on which the person first became an
accruing member of the pension bonus scheme; and
(b) for which the person passes the work test.
Note: Accruing membership is defined by
section 92N.
(2) Each succeeding full-year period of the person’s accruing
membership of the pension bonus scheme:
(a) that is specified in the person’s claim for pension bonus;
and
(b) for which the person passes the work test;
is a bonus period that accrues to the person.
Part-year bonus period
(3) A part-year period of the person’s accruing membership of the
pension bonus scheme is a bonus period that accrues to the person
if:
(a) the person passes the work test for that period; and
(b) the person specifies the period in the person’s claim for
pension bonus; and
(c) the period begins immediately after the end of a full-year bonus
period that accrues to the person; and
(d) the period is the last bonus period that accrues to the
person.
Note: Accruing membership is defined by
section 92N.
Bonus periods must be consecutive
(4) A person cannot accrue more than one bonus period unless:
(a) the bonus periods are consecutive; or
(b) the bonus periods are separated only by a period of non-accruing
membership.
For the purposes of this Part, a person passes the work
test for a full-year period of the person’s accruing membership of
the pension bonus scheme if:
(a) in any case—the person satisfies the Secretary that the total
number of hours gainfully worked by the person during that period was at least
960 and that at least 640 of that total number of hours were worked in
Australia; or
(b) if the person had only one partner during that period—the person
satisfies the Secretary that the total number of hours gainfully worked by the
person’s partner during that period while the partner was a partner of the
person and was:
(i) an accruing member, or a post-75 member, of the pension bonus scheme;
or
(ii) an accruing member, or a post-70/75 member, of the corresponding
scheme under Part IIIAB of the Veterans’ Entitlements Act;
was at least 960 and that at least 640 of that total number of hours were
worked in Australia; or
(c) if the person had 2 or more partners during that period—the
person satisfies the Secretary that the total number of hours gainfully worked
by those partners during that period while they were partners of the person and
were:
(i) accruing members, or post-75 members, of the pension bonus scheme;
or
(ii) accruing members, or post-70/75 members, of the corresponding scheme
under Part IIIAB of the Veterans’ Entitlements Act;
was at least 960 and that at least 640 of that total number of hours were
worked in Australia;
and either:
(d) the person satisfies the Secretary that the applicable record-keeping
requirements (see section 93C) have been complied with in relation to that
period; or
(e) the Secretary decides to waive compliance with the applicable
record-keeping requirements in relation to that period.
(1) For the purposes of this Part, a person passes the work
test for a part-year period of the person’s accruing membership of
the pension bonus scheme if:
(a) in any case—the person satisfies the Secretary that the total
number of hours gainfully worked by the person during that period was at least
the pro-rated number of hours (see subsection (2)) and that at least two-thirds
of that total number of hours were worked in Australia; or
(b) if the person had only one partner during that period—the person
satisfies the Secretary that the total number of hours gainfully worked by the
person’s partner during that period while the partner was a partner of the
person and was:
(i) an accruing member, or a post-75 member, of the pension bonus scheme;
or
(ii) an accruing member, or a post-70/75 member, of the corresponding
scheme under Part IIIAB of the Veterans’ Entitlements Act;
was at least the pro-rated number of hours (see subsection (2)) and that
at least two-thirds of that total number of hours were worked in Australia;
or
(c) if the person had 2 or more partners during that period—the
person satisfies the Secretary that the total number of hours gainfully worked
by those partners during that period while they were partners of the person and
were:
(i) accruing members, or post-75 members, of the pension bonus scheme;
or
(ii) accruing members, or post-70/75 members, of the corresponding scheme
under Part IIIAB of the Veterans’ Entitlements Act;
was at least the pro-rated number of hours (see subsection (2)) and that
at least two-thirds of that total number of hours were worked in
Australia;
and either:
(d) the person satisfies the Secretary that the applicable record-keeping
requirements (see section 93C) have been complied with in relation to that
period; or
(e) the Secretary decides to waive compliance with the applicable
record-keeping requirements in relation to that period.
(2) For the purposes of this section, the pro-rated number of
hours applicable to a period is worked out using the
formula:
(1) If a person satisfies the Secretary that:
(a) the person, or the person’s partner, has carried on gainful work
outside Australia; and
(b) because of special circumstances, the gainful work should be treated
as gainful work carried on in Australia;
the Secretary may determine that this Part has effect as if the gainful
work were carried on in Australia.
(2) The determination has effect accordingly.
(1) For the purposes of this Part, gainful work is work for
financial gain or reward, whether as an employee, a self-employed person or
otherwise, where:
(a) the work involves a substantial degree of personal exertion on the
part of the person concerned; and
(b) the work is carried on within or outside Australia.
(2) Subsection (1) is to be ignored in determining the meaning of an
expression used in a provision of this Act other than this Part.
(1) If a person satisfies the Secretary that:
(a) the person, or the person’s partner, has engaged in a particular
activity; and
(b) the activity involves a substantial degree of personal exertion on the
part of the person or the person’s partner, as the case may be;
and
(c) the activity does not consist of voluntary work for a charitable,
welfare or community organisation; and
(d) because of special circumstances, the activity should be treated as
gainful work;
the Secretary may determine that this Part has effect as if the activity
were gainful work.
(2) The determination has effect accordingly.
For the purposes of this Part, if a person is engaged in gainful work,
the total hours gainfully worked by the person during a period are to be
determined as if the person had been engaged in gainful work
during any absences from the workplace that are irregular, infrequent and
minor.
(1) Unless the Secretary otherwise determines, work undertaken by a person
is taken not to be gainful work for the purposes of this Part to
the extent to which the work consists of the management or administration of one
or more financial investments in which any of the following has a legal or
equitable interest:
(a) a member of the person’s family group (see subsection
(2));
(b) a company that is a family company in relation to the person (see
subsection (2));
(c) the trustee or trustees of a trust that is a family trust in relation
to the person (see subsection (2)).
Note: Financial investment is defined by
section 9.
(2) In this section:
family company, in relation to a person, means a company
where:
(a) the company is, or its directors are, accustomed or under an
obligation, whether formal or informal, to act in accordance with the
directions, instructions or wishes of any or all of the members of the
person’s family group; or
(b) any or all of the members of the person’s family group are in a
position to cast, or control the casting of, more than 50% of the maximum number
of votes that may be cast at a general meeting of the company; or
(c) both:
(i) the company has one or more shareholders; and
(ii) each shareholder is a member of the person’s family
group.
family group, in relation to a person, means the group
consisting of the person and the family members of the person. If the person has
no family members, the person is taken to be a family group in his or her own
right.
Note: Family member is defined by subsection
23(1).
family trust, in relation to a person, means a trust where a
member of the person’s family group benefits, or is capable (whether by
the exercise of a power of appointment or otherwise) of benefiting, under the
trust.
(1) Unless the Secretary otherwise determines, work undertaken by a person
is taken not to be gainful work for the purposes of this Part if
the work consists of carrying out:
(a) domestic tasks; or
(b) household maintenance tasks; or
(c) gardening tasks; or
(d) similar tasks;
in relation to:
(e) the person’s place of residence; or
(f) if the person has 2 or more places of residence—any of those
places of residence.
(2) For the purposes of this section, a place of residence
includes:
(a) if the place is a dwelling-house—any land or building that is
adjacent to the dwelling-house and that is used primarily for private or
domestic purposes in association with that dwelling-house; or
(b) if the place is a flat or home unit—a garage or storeroom that
is used for private or domestic purposes in association with the flat or home
unit.
Hours worked during full-year period
(1) The Secretary may, if requested to do so by a member of the pension
bonus scheme, issue a written certificate stating that:
(a) the member was an accruing member of the scheme throughout a specified
full-year period; and
(b) the total number of hours gainfully worked by the member during that
period was at least a specified number of hours; and
(c) the total number of hours gainfully worked in Australia by the member
during that period was at least a specified number of hours.
(2) The Secretary may, if requested to do so by a member of the pension
bonus scheme, issue a written certificate stating that:
(a) the member was an accruing member of the scheme throughout a specified
full-year period; and
(b) the total number of hours gainfully worked by a specified person
during that period while the person was the partner of the member and
was:
(i) an accruing member, or a post-75 member, of the pension bonus scheme;
or
(ii) an accruing member, or a post-70/75 member, of the corresponding
scheme under Part IIIAB of the Veterans’ Entitlements Act;
was at least a specified number of hours; and
(c) the total number of hours gainfully worked in Australia by a specified
person during that period while the person was the partner of the member and
was:
(i) an accruing member, or a post-75 member, of the pension bonus scheme;
or
(ii) an accruing member, or a post-70/75 member, of the corresponding
scheme under Part IIIAB of the Veterans’ Entitlements Act;
was at least a specified number of hours.
Hours worked during part-year period
(3) The Secretary may, if requested to do so by a member of the pension
bonus scheme, issue a written certificate stating:
(a) that the member was an accruing member of the scheme throughout a
specified part-year period; and
(b) the total number of hours gainfully worked by the member during that
period; and
(c) the total number of hours gainfully worked in Australia by the member
during that period.
(4) The Secretary may, if requested to do so by a member of the pension
bonus scheme, issue a written certificate stating:
(a) that the member was an accruing member of the scheme throughout a
specified part-year period; and
(b) the total number of hours gainfully worked by a specified person
during that period while the person was the partner of the member and
was:
(i) an accruing member, or a post-75 member, of the pension bonus scheme;
or
(ii) an accruing member, or a post-70/75 member, of the corresponding
scheme under Part IIIAB of the Veterans’ Entitlements Act; and
(c) the total number of hours gainfully worked in Australia by a specified
person during that period while the person was the partner of the member and
was:
(i) an accruing member, or a post-75 member, of the pension bonus scheme;
or
(ii) an accruing member, or a post-70/75 member, of the corresponding
scheme under Part IIIAB of the Veterans’ Entitlements Act.
Record-keeping requirements
(5) If:
(a) a person makes a request for a certificate under subsection (1), (2),
(3) or (4) relating to a particular period; and
(b) the applicable record-keeping requirements have not been complied with
in relation to that period (see section 93C);
the Secretary may refuse to issue the certificate.
Non-accruing membership
(6) The Secretary may, if requested to do so by a member of the pension
bonus scheme, issue a written certificate stating that the member was a
non-accruing member of the scheme throughout a specified period.
Evidence
(7) In any proceedings relating to this Part, a certificate under this
section is prima facie evidence of the matters in the certificate.
Record-keeping requirements for person
(1) For the purposes of the application of paragraph 92U(a) or 92V(1)(a)
or subsection 93B(1) or (3) to a person, the applicable record-keeping
requirements have been complied with in relation to a period of the
person’s accruing membership of the pension bonus scheme if:
(a) in a case where the person has:
(i) been given a group certificate in respect of any gainful work carried
on by the person during that period; or
(ii) lodged an income tax return that relates to any gainful work carried
on by the person during that period;
the person would be in a position to produce a copy of the certificate or
of the return, as the case may be, to the Secretary if the Secretary were to
require the person to produce that copy; and
(b) both:
(i) the person has kept a recognised work record (see subsection (3)) in
relation to gainful work carried on by the person during that period;
and
(ii) the person would be in a position to produce that record to the
Secretary if the Secretary were to require the person to produce that
record.
Record-keeping requirements for partner of person
(2) For the purposes of the application of paragraph 92U(b) or (c) or
92V(1)(b) or (c) or subsection 93B(2) or (4) to a partner of a person, the
applicable record-keeping requirements have been complied with in relation to a
period of the person’s accruing membership of the pension bonus scheme
if:
(a) in a case where the partner has been given a group certificate in
respect of any gainful work carried on by the partner during that period while
the partner was a partner of the person and was:
(i) an accruing member, or a post-75 member, of the pension bonus scheme;
or
(ii) an accruing member, or a post-70/75 member, of the corresponding
scheme under Part IIIAB of the Veterans’ Entitlements Act;
the person would be in a position to produce a copy of the certificate to
the Secretary if the Secretary were to require the person to produce that copy;
and
(b) in a case where the partner has lodged an income tax return that
relates to any gainful work carried on by the partner during that period while
the partner was a partner of the person and was:
(i) an accruing member, or a post-75 member, of the pension bonus scheme;
or
(ii) an accruing member, or a post-70/75 member, of the corresponding
scheme under Part IIIAB of the Veterans’ Entitlements Act;
the person would be in a position to produce a copy of the return to the
Secretary if the Secretary were to require the person to produce that copy;
and
(c) in any case—the partner has kept a recognised work record (see
subsection (3)) in relation to any gainful work carried on by the partner during
that period while the partner was a partner of the person and was:
(i) an accruing member, or a post-75 member, of the pension bonus scheme;
or
(ii) an accruing member, or a post-70/75 member, of the corresponding
scheme under Part IIIAB of the Veterans’ Entitlements Act;
and the person would be in a position to produce that record to the
Secretary if the Secretary were to require the person to produce that
record.
Recognised work record
(3) For the purposes of this section, a recognised work
record, in relation to a person, is a written statement signed by the
person that sets out, in relation to gainful work carried on by the person
during a particular period:
(a) the nature of the gainful work; and
(b) the dates on which the gainful work was carried on; and
(c) the total number of hours gainfully worked; and
(d) the total number of hours gainfully worked in Australia; and
(e) in a case where any of the gainful work was carried on in the capacity
of employee—the name or names of the employer or employers concerned;
and
(f) such other particulars as the Secretary requires.
(1) To calculate the amount of a person’s pension bonus:
(a) work out which of the person’s bonus periods count as qualifying
bonus periods (see section 93E);
(b) work out the person’s overall qualifying period (see section
93F);
(c) work out the person’s pension multiple (see section
93G);
(d) work out the person’s annual pension rate (see section
93H);
(e) apply the appropriate formula in section 93J.
Note: Bonus period is defined by section
92T.
(2) For the purposes of this Division, a number of years is to be
calculated to 3 decimal places. However, if a number worked out in accordance
with this subsection would, if it were calculated to 4 decimal places, end in a
digit that is greater than 4, the number is to be increased by 0.001.
(1) For the purposes of this Division, if a person has accrued only one
bonus period, that bonus period is the person’s qualifying bonus
period.
(2) For the purposes of this Division, if a person has accrued only 2
bonus periods, each of those bonus periods is a qualifying bonus
period.
(3) For the purposes of this Division, if a person has accrued only 3
bonus periods, each of those bonus periods is a qualifying bonus
period.
(4) For the purposes of this Division, if a person has accrued only 4
bonus periods, each of those bonus periods is a qualifying bonus
period.
(5) For the purposes of this Division, if a person has accrued only 5
bonus periods, each of those bonus periods is a qualifying bonus
period.
(6) For the purposes of this Division, if:
(a) a person has accrued more than 5 bonus periods; and
(b) the last bonus period is a full-year period;
each of the 5 most recent bonus periods are qualifying bonus
periods.
(7) For the purposes of this Division, if:
(a) a person has accrued more than 5 bonus periods; and
(b) the last bonus period is a part-year period;
each of the 5 most recent full-year bonus periods are qualifying
bonus periods.
(1) For the purposes of this Division, if a person has only one qualifying
bonus period, that period is the person’s overall qualifying
period.
(2) For the purposes of this Division, if a person has 2 or more
qualifying bonus periods, the person’s overall qualifying
period is the period:
(a) beginning at the start of the first qualifying bonus period;
and
(b) ending at the end of the last qualifying bonus period.
However, any period of non-accruing membership of the pension bonus scheme
is taken not to form part of the person’s overall qualifying
period.
For the purposes of this Division, a person’s pension
multiple is worked out using the
formula:
For the purposes of this Division, a person’s annual pension
rate is:
(a) if the person is not permanently blind—the rate that would be
the person’s provisional payment rate under the 1064-A1 Method statement,
ascertained as at the date of grant of the age pension, if it were assumed that
Steps 2 and 3 were omitted from that Method statement; or
(b) if the person is permanently blind—the person’s maximum
basic rate under the 1065-B1 Table, ascertained as at the date of grant of the
age pension.
No change in marital status during overall qualifying
period
(1) If:
(a) a person was a member of a couple throughout the person’s
overall qualifying period; or
(b) a person was not a member of a couple at any time during the
person’s overall qualifying period;
the amount of the person’s pension bonus is worked out using the
following formula (for rounding up, see subsection (7)):
Change in marital status during overall qualifying period
(2) If subsection (1) does not apply to a person, the amount of the
person’s pension bonus is worked out using the following formula (for
rounding up, see subsection (7)):
(3) For the purposes of this section, a person’s annual
notional single pension rate is equal to:
(a) if the person is not permanently blind—the adjusted percentage
of the person’s maximum basic rate under the 1064-B1 Table, ascertained as
at the date of grant of the age pension, if it were assumed that the person were
not a member of a couple as at that date; or
(b) if the person is permanently blind—the person’s maximum
basic rate under the 1065-B1 Table, ascertained as at the date of grant of the
age pension, if it were assumed that the person were not a member of a couple as
at that date.
(4) For the purposes of this section, a person’s annual
notional partnered pension rate is equal to:
(a) if the person is not permanently blind—the adjusted percentage
of the person’s maximum basic rate under the 1064-B1 Table, ascertained as
at the date of grant of the age pension, if it were assumed that the person were
a member of a couple as at that date; or
(b) if the person is permanently blind—the person’s maximum
basic rate under the 1065-B1 Table, ascertained as at the date of grant of the
age pension, if it were assumed that the person were a member of a couple as at
that date.
(5) For the purposes of this section, a person’s adjusted
percentage is the percentage worked out using the following formula (for
rounding up, see subsection (8)):
where:
maximum basic rate is the person’s maximum basic rate
under the 1064-B1 Table, ascertained as at the date of grant of the age
pension.
(6) For the purposes of this section:
(a) the number of single years during the overall qualifying
period is the number of years during the overall qualifying period when the
person was not a member of a couple; and
(b) the number of partnered years during the overall
qualifying period is the number of years during the overall qualifying period
when the person was a member of a couple.
Rounding up
(7) An amount calculated under subsection (1) or (2) is to be rounded to
the nearest 10 cents (with 5 cents being rounded up).
(8) A percentage worked out under subsection (5) is to be calculated to 3
decimal places. However, if a percentage worked out under subsection (5) would,
if it were calculated to 4 decimal places, end in a digit that is greater than
4, the percentage is to be increased by 0.001.
A person who wants to be granted a pension bonus must make a proper claim
for the bonus.
(1) To be a proper claim, a claim for pension bonus must be:
(a) in writing; and
(b) in accordance with a form approved by the Secretary; and
(c) either:
(i) attached to a proper claim made by the person for age pension and
lodged together with that claim for age pension; or
(ii) made in accordance with an invitation under subsection (3);
and
(d) made within the applicable lodgment period (see section
93M).
(2) A claim for pension bonus is a proper
claim even though it is not certain whether the person will start to receive an
age pension at or after the time when the person makes the claim. The claim has
effect as a claim that is contingent on the person receiving an age
pension.
(3) If:
(a) a person makes a proper claim for an age pension; and
(b) the claim is in accordance with a form that does not require the
claimant to disclose whether the claimant is registered as a member
of:
(i) the pension bonus scheme; or
(ii) the corresponding scheme under Part IIIAB of the Veterans’
Entitlements Act; and
(c) the person is, to the knowledge of the Secretary, registered as a
member of the pension bonus scheme; and
(d) a claim by the person for pension bonus is not attached to the claim
for age pension;
the Secretary must give the claimant a written notice inviting the claimant
to lodge a claim for a pension bonus:
(e) within such period after the lodgment of the claim for age pension as
is specified in the invitation; and
(f) at such place as in specified in the invitation.
(4) If a claim for pension bonus is made in accordance with an invitation
under subsection (3), this Part (other than this section) has effect as if the
person had claimed the pension bonus at the same time as the person claimed age
pension.
(1) This section sets out rules for determining the period (the
lodgment period) within which a claim for pension bonus must be
made.
Lodgment period where last bonus period is a full-year period
(2) If a person’s last bonus period is a full-year period, the
lodgment period applicable to the person’s claim for pension
bonus is the period of 13 weeks beginning at the end of that bonus period.
However, this rule does not apply if:
(a) the person is an exempt partnered person (see subsection (8)) as at
the end of the person’s last bonus period; or
(b) the person’s membership of the pension bonus scheme becomes
non-accruing immediately after the end of the person’s last bonus period;
or
(c) the person is a post-75 member of the pension bonus scheme and has a
post-75 work period (see subsection (9)).
Note: For the rule in these cases, see subsections (5), (6)
and (7).
Lodgment period where last bonus period is a part-year
period
(3) If a person’s last bonus period is a part-year period, the
lodgment period applicable to the person’s claim for pension
bonus is:
(a) the period of 13 weeks beginning at the end of that bonus period;
or
(b) if the Secretary allows a longer period—that longer
period.
However, this rule does not apply if:
(c) the person is an exempt partnered person (see subsection (8)) as at
the end of the person’s last bonus period; or
(d) the person’s membership of the pension bonus scheme becomes
non-accruing immediately after the end of the person’s last bonus period;
or
(e) the person is a post-75 member of the pension bonus scheme and has a
post-75 work period (see subsection (9)).
Note: For the rule in these cases, see subsections (5), (6)
and (7).
(4) If:
(a) subsection (3) applies to a person’s claim for pension bonus;
and
(b) the claim is lodged within a period allowed under paragraph
(3)(b);
Division 6 has effect, in relation to the calculation of the amount of that
pension bonus, as if the person had not accrued the part-year bonus
period.
Lodgment period for exempt partnered person
(5) If a person is an exempt partnered person as at the end of the
person’s last bonus period because the person is a member of a couple, the
lodgment period applicable to the person’s claim for pension
bonus is the period:
(a) beginning at the end of that bonus period; and
(b) ending at:
(i) the time of the last occasion on which the person’s partner
could have lodged a claim for a pension bonus; or
(ii) the end of the period of 13 weeks after the person ceases to be a
member of the same couple (whether because of the death of the person’s
partner or for any other reason);
whichever comes first.
Lodgment period for non-accruing member
(6) If a person’s membership of the pension bonus scheme becomes
non-accruing immediately after the end of the person’s last bonus period,
the lodgment period applicable to the person’s claim for
pension bonus is the period:
(a) beginning at the end of the person’s last bonus period;
and
(b) ending 13 weeks after the time when the person’s membership of
the scheme ceases to be non-accruing.
Lodgment period for post-75 member who has a post-75 work
period
(7) If a post-75 member of the pension bonus scheme has a post-75 work
period, the lodgment period applicable to the person’s claim
for pension bonus is the period of 13 weeks beginning at the end of the period
nominated in the claim as the person’s post-75 work period.
Exempt partnered person
(8) For the purposes of this section, a person is an exempt
partnered person at a particular time if, at that time, the person is a
member of a couple, and:
(a) the person’s partner is an accruing or non-accruing member of
the pension bonus scheme; or
(b) the person’s partner is an accruing or non-accruing member of
the corresponding scheme under Part IIIAB of the Veterans’ Entitlements
Act.
Post-75 member with a post-75 work period
(9) For the purposes of this section, a post-75 member of the pension
bonus scheme has a post-75 work period if:
(a) the person’s claim for pension bonus nominates a particular
period as the person’s post-75 work period; and
(b) the nominated period begins immediately after the end of the
person’s last bonus period; and
(c) if it were assumed that the person had been an accruing member of the
pension bonus scheme throughout each test period that is applicable to the
person, the person would have passed the work test for each test
period.
Note: Test period is defined by subsection
(10).
(10) For the purposes of subsection (9), to work out what is a test
period:
(a) identify the extended period, which is that part of the
nominated period when the person was neither:
(i) subject to a compensation preclusion period or a carer preclusion
period; nor
(ii) covered by a declaration under section 92Q;
(b) if the extended period is 365 days or less—the extended period
is the only test period;
(c) if the extended period is longer than 365 days—each of the
following periods is a test period:
(i) the full-year period beginning at the start of the extended
period;
(ii) if 2 or more succeeding full-year periods are included in the
extended period—each of those full-year periods;
(iii) the remainder (if any) of the extended period.
(11) In addition to its effect apart from this subsection, section 93B
(evidentiary certificates) also has the effect it would have if each reference
in paragraph 93B(1)(a), (2)(a), (3)(a) or (4)(a) to an accruing member of the
pension bonus scheme were a reference to a post-75 member of the
scheme.
Last bonus period
(12) For the purposes of this section, if a person has accrued only one
full year bonus period, that period is the person’s last bonus
period.
(1) A claimant for a pension bonus may withdraw a claim that has not been
determined.
(2) A claim that is withdrawn is taken not to have been made.
(3) A withdrawal may be made orally or in writing.
(4) If:
(a) a person claims both a pension bonus and an age pension; and
(b) the claim for age pension is withdrawn;
the claim for pension bonus is taken to have been withdrawn.
(a) a person claims both a pension bonus and an age pension; and
(b) the claim for age pension is rejected as a direct or indirect result
of the operation of:
(i) Division 2 of Part 3.12 (disposals of assets); or
(ii) Part 3.14 (compensation);
the claim for pension bonus is taken to have been withdrawn.
(1) The Secretary must, in accordance with this Act, determine a claim for
pension bonus.
(2) If a person claims both a pension bonus and an age pension, the
Secretary must not determine the claim for pension bonus until the claim for age
pension has been granted.
The Secretary must determine that a claim for pension bonus is to be
granted if the Secretary is satisfied that the person is qualified for the
pension bonus.
If a claim for pension bonus is granted, the bonus is payable to the
person concerned on:
(a) the first pension payday after the grant; or
(b) if the Secretary considers that it is not practicable to pay the bonus
on that payday—the next practicable day.
(1) This section sets out the only circumstances in which a pension bonus
will be payable after the death of the person concerned.
Claim granted before death
(2) If:
(a) a person claims a pension bonus; and
(b) the person dies; and
(c) at the time of the person’s death, the claim had been granted,
but the person had not received the bonus;
the bonus is payable to the legal personal representative of the
person.
Claim not granted before death
(a) a person claims a pension bonus; and
(b) the person dies; and
(c) at the time of the person’s death, the claim had not been
determined;
then:
(d) the Secretary must determine the claim after the person’s death
as if the person had not died; and
(e) if the claim is granted—the bonus is payable to the legal
personal representative of the person.
(4) If:
(a) under paragraph (3)(d), the Secretary is required to determine a claim
for pension bonus after a person’s death; and
(b) at the time of the person’s death, the person’s claim for
age pension had not been determined;
then, in determining the claim for pension bonus, this Part is modified as
set out in the following table:
|
Modifications |
||
|---|---|---|
|
Item |
This provision: |
is modified in this way: |
|
1 |
Paragraph 92C(a) |
The conditions in this paragraph are taken to be satisfied if: |
|
2 |
Division 6 |
A reference in the Division to a particular rate is taken to be a reference
to the rate that would have been applicable to the person if the person had not
died. |
|
3 |
Division 6 |
A reference in the Division to the date of grant of the age pension is
taken to be a reference to the date that the age pension would have been granted
if the person had not died. |
|
4 |
Subsection 93L(2) |
The subsection is to be disregarded. |
|
5 |
Subsection 93P(2) |
The subsection is to be disregarded. |
Liability of Commonwealth
(5) If a pension bonus is paid under subsection (2) or (3), the
Commonwealth has no further liability to any person in respect of that
bonus.
(1) A pension bonus is absolutely inalienable, whether by way of, or in
consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
This subsection has effect subject to subsections (2) and (3) and section
1359.
Deduction from bonus to pay tax debts that are unrelated to the
bonus
(2) The Secretary may make a deduction from a pension bonus payable to a
person if the person asks the Secretary:
(a) to make the deduction; and
(b) to pay the amount to be deducted to the Commissioner of
Taxation.
Note 1: The Secretary must make deductions from a
person’s social security payment if requested by the Commissioner of
Taxation—see section 1359.
Note 2: Under the Income Tax Assessment Act 1997,
pension bonus is exempt from income tax.
Deduction from bonus at recipient’s request
(3) The Secretary may make a deduction from a pension bonus payable to a
person if the person consents under section 1234A to the Secretary making the
deduction.
Note: Section 1234A enables the Secretary to recover a debt
from a person other than the debtor if the person is receiving a social security
payment.
(1) For the purposes of this Part, if:
(a) either:
(i) a person has, during a designated year of the person, disposed of an
asset of the person; or
(ii) the partner of a person has, during a designated year of the person,
disposed of an asset of the partner; and
(b) the amount of that disposition, or the sum of that amount and of the
amounts (if any) of other dispositions of assets previously made by the person
and/or the person’s partner during that designated year, exceeds
$10,000;
the person is subject to a disposal preclusion period
throughout the period of 5 years that starts on the day on which the disposition
referred to in paragraph (a) took place.
Note: Designated year is defined by subsection
(3).
(2) For the purposes of this Part, if:
(a) a person ceases to be a member of a couple (whether because of the
death of the person’s partner or for any other reason); and
(b) immediately before the cessation, the person was subject to a
particular disposal preclusion period that arose wholly because the
person’s partner disposed of a particular asset; and
(c) if that disposition had been disregarded, the person would not have
been subject to that disposal preclusion period;
then, despite subsection (1), that disposal preclusion period ends at the
cessation.
(3) For the purposes of this section, a designated year of a
person is:
(a) the 12-month period ending on the day the person qualified for age
pension; and
(b) each preceding 12-month period; and
(c) each succeeding 12-month period.
(4) This section applies to a disposal even if the disposal took place
before the commencement of this section.
(1) For the purposes of this Part, if a person receives a lump sum
compensation payment, the person is subject to a compensation preclusion
period throughout the lump sum preclusion period.
(2) For the purposes of this Part, if a person receives a series of
periodic compensation payments, the person is subject to a compensation
preclusion period throughout the periodic payments period.
(3) This section applies to a payment even if it was received before the
commencement of this section.
(1) For the purposes of this Part, if a person receives:
(a) a carer payment; or
(b) a carer service pension; or
(c) an income support supplement that is payable as a result of the
operation of subclause 8(3) of Schedule 5 to the Veterans’ Entitlements
Act;
during a particular period, the person is subject to a carer
preclusion period throughout that period.
Note: Subclause 8(3) of Schedule 5 to the Veterans’
Entitlements Act deals with income support supplement for
carers.
(2) This section applies to a carer payment, a carer service pension or an
income support supplement even if it was received before the commencement of
this section.
7 Paragraph 1224AA(1)(a)
Repeal the paragraph, substitute:
(a) either:
(i) an instalment of a social security payment is paid by cheque;
or
(ii) a pension bonus is paid by cheque; and
8 Subsection 1231(1)
Omit all the words after “following way:”,
substitute:
(e) if the social security payment is not pension bonus—each payment
of the person’s social security payment is to be reduced by the amount
decided under subsection (1A), until the sum of:
(i) those amounts; and
(ii) any amount deducted under paragraph (f) in respect of the debt or
overpayment;
is equal to the debt or overpayment; or
(f) if the social security payment is pension bonus—the payment of
the bonus is to be reduced by so much of the debt or overpayment as does not
exceed the bonus, even if this results in reducing the bonus to nil.
9 Subsection 1231(1A)
Omit “The Secretary”, substitute “If the social security
payment is not pension bonus, the Secretary”.
10 Paragraph 1234A(1)(b)
After “is receiving”, insert “, or is about to
receive,”.
11 Subsection 1240(1)
After “(1AA)”, insert “, (1B)”.
12 After subsection
1240(1A)
Insert:
(1B) If:
(a) an officer makes a decision under Part 2.2A (which deals with pension
bonus); and
(b) notice of the decision is given to the person concerned;
the person is not entitled to make an application under subsection (1) for
review of the decision more than 13 weeks after the giving of the
notice.
13 Subsection 1253(2)
After “social security payment” (first occurring), insert
“(other than pension bonus)”.
14 After subsection 1253(2)
Insert:
(2A) If the Social Security Appeals Tribunal sets a decision aside and
substitutes for it a decision that a person is entitled to a pension bonus, the
SSAT must:
(a) assess the amount of the pension bonus that is to be paid to the
person; or
(b) ask the Secretary to assess the amount of the pension bonus that is to
be paid to the person.
15 Paragraph 1304(1)(a)
After “payment” (first occurring), insert “(other than
pension bonus)”.
16 After paragraph
1304(1)(a)
Insert:
(aa) whether a person who has made a claim for a pension bonus under this
Act is or was qualified for the pension bonus (for the purposes of this
question, it is to be assumed that the person started to receive an age pension
after making that claim); or
17 At the end of section
1361
Add:
(3) If a written statement signed by a person referred to in subsection
(1) is to the effect that, on a specified day, a specified person received a
specified amount by way of pension bonus under this Act, the statement is prima
facie evidence of the matters in the statement.
1 Section 5
Insert in the appropriate alphabetical position (determined on a
letter-by-letter basis):
|
pension bonus |
5Q(1) |
2 After subsection 5L(3B)
Insert:
(3C) To avoid doubt, a person’s entitlement to be paid a pension
bonus is taken not to be an asset of the person for the purposes of this
Act.
(3D) Subsection (3C) is to be disregarded in determining whether any other
entitlement is an asset for the purposes of this Act.
3 Subsection 5Q(1)
Insert:
pension bonus means pension bonus under Part IIIAB.
4 At the end of section 36F
Add:
(2) The approved form may require the claimant to disclose whether the
claimant is registered as a member of:
(a) the pension bonus scheme (see Part IIIAB); or
(b) the corresponding scheme under Part 2.2A of the Social Security
Act.
5 At the end of subsection
38(1)
Add:
; or (f) is a person:
(i) who is a member of a couple; and
(ii) whose partner is a veteran who is registered as a member of the
pension bonus scheme (see Part IIIAB); or
(g) is a person:
(i) who is the non-illness separated spouse of a veteran; and
(ii) whose non-illness separated spouse is registered as a member of the
pension bonus scheme (see Part IIIAB); or
(h) is a person:
(i) who is the widow or widower of a veteran; and
(ii) whose partner or non-illness separated spouse, immediately before his
or her death, was registered as a member of the pension bonus scheme (see Part
IIIAB), was receiving an age service pension or an invalidity service pension,
or would have been receiving such a pension if not for the operation of one or
more disqualifying provisions; and
(iii) who, immediately before the veteran’s death, was registered as
a member of the pension bonus scheme (see Part IIIAB) or of the corresponding
scheme under Part 2.2A of the Social Security Act or was receiving a partner
service pension or a social security pension; or
(i) is a person:
(i) who is the widow or widower of a veteran; and
(ii) who had, before the veteran’s death, made a claim for a partner
service pension which had not been determined at the date of the death;
and
(iii) whose partner or spouse was, immediately before his or her death,
registered as a member of the pension bonus scheme (see Part IIIAB).
6 Subsection 38(2A)
After “(1)(b)”, insert “or (g)”.
7 Subsection 38(2A) (note
2)
After “(1)(a)”, insert “or (f)”.
8 Subsection 38(2B)
Omit “or (d)”, substitute “, (d), (h) or
(i)”.
9 Subsection 38(3)
Omit “or (e)” (wherever occurring), substitute “, (e),
(h) or (i)”.
10 Subsection 38(3A)
Omit “or (e)”, substitute “, (e), (h) or
(i)”.
11 At the end of section
38F
Add:
(2) The approved form may require the claimant to disclose whether the
claimant is registered as a member of:
(a) the pension bonus scheme (see Part IIIAB); or
(b) the corresponding scheme under Part 2.2A of the Social Security
Act.
12 At the end of section
45K
Add:
(2) The approved form may require the claimant to disclose whether the
claimant is registered as a member of:
(a) the pension bonus scheme (see Part IIIAB); or
(b) the corresponding scheme under Part 2.2A of the Social Security
Act.
13 After Part IIIA
Insert:
The following is a simplified outline of this Part:
• A person may be able to get a single lump-sum pension bonus
if:
(a) the person becomes eligible for an age service pension, but defers
claiming it; or
(b) the person is eligible for a partner service pension after reaching
pension age, but defers claiming it; or
(c) the person is eligible for income support supplement after reaching
qualifying age, but defers claiming it.
• A person who wants to get a pension bonus must register
as a member of the pension bonus scheme.
• To get a pension bonus, a person must accrue between 1 and 5
bonus periods while deferring age service pension, partner service
pension or income support supplement.
• Generally, a bonus period runs for 1 year.
• To accrue a bonus period, the person must pass the work test
for that period.
• To pass the work test for a year, either the person, or the
person’s partner, must gainfully work for at least 960 hours
during that year.
• The amount of a person’s pension bonus depends on the number
of accrued bonus periods and the person’s annual rate of age service
pension, partner service pension or income support supplement. A person may get
a bigger bonus by accruing more bonus periods.
In this Part:
accruing member of the pension bonus scheme has the meaning
given by section 45TM.
bonus period has the meaning given by section 45TR.
carer payment means carer payment under the Social Security
Act.
carer preclusion period has the meaning given by section
45UU.
designated pension means:
(a) age service pension; or
(b) partner service pension; or
(c) income support supplement.
disposal preclusion period has the meaning given by section
45UT.
full-year period means a continuous period of 365
days.
gainful work has the meaning given by sections 45TV to 45TZ
(inclusive).
non-accruing member of the pension bonus scheme has the
meaning given by sections 45TN and 45TO.
part-year period means a continuous period of less than 365
days.
passing the work test has the meaning given by sections 45TS
and 45TT.
post-70/75 member of the pension bonus scheme has the meaning
given by section 45TQ.
qualifying age has the meaning given by subsection
45A(2).
registration as a member of the pension bonus scheme means
registration under section 45TI.
special date of eligibility, in relation to a designated
pension, has the meaning given by section 45TB.
Age service pension
(1) For the purposes of this Part, a person’s special date of
eligibility for an age service pension is the first day on which the
person becomes eligible for an age service pension.
Partner service pension
(2) For the purposes of this Part, a person’s special date of
eligibility for a partner service pension is worked out as
follows:
(a) identify the day (the pension age day) on which the
person reached pension age;
(b) the special date of eligibility is the first day occurring on or after
the pension age day on which the person is eligible for a partner service
pension.
Income support supplement
(3) For the purposes of this Part, a person’s special date of
eligibility for income support supplement is worked out as
follows:
(a) identify the threshold day as whichever of the following
days is applicable:
(i) the day the person reached qualifying age;
(ii) if the person was granted a pension under Part II or IV after the
person reached qualifying age because the person is a war widow or war
widower—the day the pension commenced;
(b) the special date of eligibility is the first day occurring on or after
the threshold day on which the person is eligible for income support supplement
(other than income support supplement that is payable as a result of the
operation of subclause 8(3) of Schedule 5).
Residency assumption
(4) For the purposes of this Part, a person’s special date of
eligibility for a designated pension is to be worked out on the
assumption that:
(a) being an Australian resident; and
(b) being in Australia;
were additional requirements for the designated pension.
Deferral of age service pension
(1) A person is qualified for a pension bonus if:
(a) the person starts to receive an age service pension at or after the
time when the person makes a claim for the pension bonus; and
(b) the person has not received an age service pension at any time before
making a claim for the pension bonus; and
(c) the person is registered as a member of the pension bonus scheme;
and
(d) the person has accrued at least one full-year bonus period while
registered as a member of the pension bonus scheme; and
(e) the person has not received:
(i) a social security pension (other than a carer payment); or
(ii) a social security benefit; or
(iii) a service pension (other than an age service pension or a carer
service pension); or
(iv) income support supplement (other than income support supplement that
is payable as a result of the operation of subclause 8(3) of Schedule
5);
at any time after the person’s special date of eligibility for an
age service pension; and
(f) the person has not already received:
(i) another pension bonus; or
(ii) a bonus under Part 2.2A of the Social Security Act.
Deferral of partner service pension
(2) A person is qualified for a pension bonus if:
(a) the person starts to receive a partner service pension at or after the
time when the person makes a claim for the pension bonus; and
(b) the person has not received a partner service pension at any time
during the period:
(i) beginning on the person’s special date of eligibility for a
partner service pension; and
(ii) ending immediately before the time when the person makes a claim for
the pension bonus; and
(c) the person is registered as a member of the pension bonus scheme;
and
(d) the person has accrued at least one full-year bonus period while
registered as a member of the pension bonus scheme; and
(e) the person has not received:
(i) a social security pension (other than a carer payment); or
(ii) a social security benefit; or
(iii) a service pension (other than a partner service pension or a carer
service pension);
at any time after the person’s special date of eligibility for a
partner service pension; and
(f) the person has not already received:
(i) another pension bonus; or
(ii) a bonus under Part 2.2A of the Social Security Act.
Deferral of income support supplement
(3) A person is qualified for a pension bonus if:
(a) the person starts to receive income support supplement (other than
income support supplement that is payable as a result of the operation of
subclause 8(3) of Schedule 5) at or after the time when the person makes a claim
for the pension bonus; and
(b) the person has not received income support supplement (other than
income support supplement that is payable as a result of the operation of
subclause 8(3) of Schedule 5) at any time during the period:
(i) beginning on the person’s special date of eligibility for income
support supplement; and
(ii) ending immediately before the time when the person makes a claim for
the pension bonus; and
(c) the person is registered as a member of the pension bonus scheme;
and
(d) the person has accrued at least one full-year bonus period while
registered as a member of the pension bonus scheme; and
(e) the person has not received:
(i) a social security pension (other than a carer payment); or
(ii) a social security benefit; or
(iii) a service pension (other than a carer service pension);
at any time after the person’s special date of eligibility for
income support supplement; and
(f) the person has not already received:
(i) another pension bonus; or
(ii) a bonus under Part 2.2A of the Social Security Act.
A person may apply for registration as a member of the pension bonus
scheme.
An application must be in writing and must be in accordance with a form
approved by the Commission.
(1) An approved form may require the applicant to provide relevant
information (see subsection (4)).
(2) The Secretary may, by written notice given to the applicant, require
the applicant to give the Secretary, within a specified period, further relevant
information. The Commission may refuse to register the applicant until the
applicant gives the Secretary the information.
(3) A period specified for the purposes of subsection (2) must run for at
least 14 days after the notice was given.
(4) For the purposes of this section, relevant information
includes (but is not limited to):
(a) information that would be likely to assist the Secretary in advising
the applicant about the operation of this Part; and
(b) information that is relevant to determining whether a disposal
preclusion period or carer preclusion period has arisen, or is likely to arise,
in relation to the applicant; and
(c) a statement of the applicant’s present expectations in relation
to any or all of the following matters:
(i) the number of bonus periods that the person is likely to accrue while
registered as a member of the pension bonus scheme;
(ii) the likely nature and extent of the person’s participation in
the workforce during those periods;
(iii) if the person has a partner—the likely nature and extent of
the partner’s participation in the workforce during those
periods.
(1) An application must be lodged:
(a) at an office of the Department in Australia; or
(b) at a place approved by the Commission; or
(c) with a person approved by the Commission.
(2) An application is taken to have been lodged on the day it is
received:
(a) at an office of the Department in Australia; or
(b) at a place approved under subsection (1); or
(c) by a person approved under subsection (1);
as the case may be.
Special date of eligibility for designated pension on or after 1 July
1998
(1) If a person’s special date of eligibility for a designated
pension occurs on or after 1 July 1998:
(a) the person must lodge an application during the period that begins 13
weeks before the person’s special date of eligibility for the designated
pension and ends 13 weeks after that date; and
(b) if registration occurs as a result of an application lodged within
that period—the registration takes effect on the person’s special
date of eligibility for the designated pension.
Note: The Commission may extend the period: see subsection
(3).
Special date of eligibility for designated pension before 1 July
1998
(2) If a person’s special date of eligibility for a designated
pension occurs before 1 July 1998:
(a) the person must lodge an application during the period that begins on
the commencement of this section and ends 13 weeks after 1 July 1998;
and
(b) if registration occurs as a result of an application lodged within
that period—the registration takes effect on 1 July 1998.
Note: The Commission may extend the period: see subsection
(3).
Late applications
(3) The Commission may extend the period within which a person must lodge
an application. If registration occurs as a result of an application lodged
during an extended period, the registration takes effect:
(a) on the date on which the application is lodged; or
(b) if the Commission decides that it should take effect on another
date—on that other date.
(4) The Commission must not make a decision to extend the period within
which a person must lodge an application unless, if it were assumed that the
person had been a member of the pension bonus scheme throughout the
pre-application period:
(a) the person would have been a non-accruing member for all of the
pre-application period; or
(b) both:
(i) the person would have been an accruing member for some or all of the
pre-application period; and
(ii) the person would have passed the work test for each test period that
is applicable to the person.
Note 1: Pre-application period is defined by
subsection (5).
Note 2: Test period is defined by subsection
(6).
(5) For the purposes of this section, the pre-application period
is the period beginning on:
(a) in the case of a person whose special date of eligibility for a
designated pension occurs on or after 1 July 1998—the person’s
special date of eligibility for the designated pension; or
(b) in the case of a person whose special date of eligibility for a
designated pension occurs before 1 July 1998—1 July 1998;
and ending on the date on which the person lodged the
application.
(6) For the purposes of this section, to work out what is a test
period:
(a) identify the overall accruing period, which is that part
of the pre-application period for which, if it were assumed that the person had
been a member of the pension bonus scheme throughout the pre-application period,
the person would have been an accruing member of the scheme;
(b) if the overall accruing period is 365 days or less—the overall
accruing period is the only test period;
(c) if the overall accruing period is longer than 365 days—each of
the following periods is a test period:
(i) the full-year period beginning at the start of the overall accruing
period;
(ii) if 2 or more succeeding full-year periods are included in the overall
accruing period—each of those full-year periods;
(iii) the remainder (if any) of the overall accruing period.
(7) For the purposes of subsection (4), the Commission is taken to have
waived compliance with the applicable record-keeping requirements in relation to
each test period.
2 or more special dates of eligibility
(8) For the purposes of this section, if a person would otherwise have 2
or more special dates of eligibility for a designated pension, only the first
date is to be counted.
(1) If an application is made in accordance with this Subdivision, the
Commission must register the applicant as a member of the pension bonus
scheme.
(2) This section has effect subject to subsection 45TF(2).
A person’s membership of the pension bonus scheme begins on the
date on which the registration of that membership takes effect and continues
until the membership is cancelled under this Act.
A person’s membership of the pension bonus scheme is cancelled
if:
(a) the person’s claim for pension bonus is determined; or
(b) in a case where the person is eligible for an age service
pension—the person starts to receive:
(i) a social security pension (other than a carer payment); or
(ii) a social security benefit; or
(iii) a service pension (other than an age service pension or a carer
service pension); or
(iv) income support supplement (other than income support supplement that
is payable as a result of the operation of subclause 8(3) of Schedule
5);
at any time after the person’s special date of eligibility for an
age service pension; or
(c) in a case where the person is eligible for a partner service
pension—the person starts to receive:
(i) a social security pension (other than a carer payment); or
(ii) a social security benefit; or
(iii) a service pension (other than a partner service pension or a carer
service pension);
at any time after the person’s special date of eligibility for a
partner service pension; or
(d) in a case where the person is eligible for income support supplement
(other than income support supplement that is payable as a result of the
operation of subclause 8(3) of Schedule 5)—the person starts to
receive:
(i) a social security pension (other than a carer payment); or
(ii) a social security benefit; or
(iii) a service pension (other than a carer service pension);
at any time after the person’s special date of eligibility for
income support supplement; or
(e) the person does not make a proper claim for a pension bonus when the
person claims a designated pension; or
(f) the person requests the Commission, in writing, to cancel the
person’s membership.
To avoid doubt, an application for registration as a member of the
pension bonus scheme is not to be treated as a claim for the purposes of any law
of the Commonwealth.
For the purposes of this Part, a person’s membership of the pension
bonus scheme at a particular time is accruing unless the
person’s membership is non-accruing or post-70/75 at that time.
Disposal preclusion period
(1) For the purposes of this Part, if a person is subject to a disposal
preclusion period at a particular time when the person is a member of the
pension bonus scheme, the person’s membership of the scheme is
non-accruing at that time.
Note: Disposal preclusion period is defined by
section 45UT.
Carer preclusion period
(2) For the purposes of this Part, if a person is subject to a carer
preclusion period at a particular time when the person is a member of the
pension bonus scheme, the person’s membership of the scheme is
non-accruing at that time.
Note: Carer preclusion period is defined by
section 45UU.
(1) The Commission may, by written notice published in the Gazette,
declare that, for the purposes of this Part, a specified kind of member of the
pension bonus scheme is a non-accruing member throughout a period
ascertained in accordance with the declaration. The period must not begin before
the publication of the notice.
(2) The kinds of members that may be specified under subsection (1)
include (but are not limited to):
(a) a member who is a participant in the Community Development Employment
Program; and
(b) a member who is in gaol; and
(c) a member who is not a participant in the workforce, but whose
partner:
(i) is a participant in the workforce; and
(ii) is not a registered member of the pension bonus scheme or of the
corresponding scheme under Part 2.2A of the Social Security Act; and
(iii) intends to become a registered member of the pension bonus scheme or
of the corresponding scheme under Part 2.2A of the Social Security Act;
and
(d) a member who is on sick leave for a continuous period of at least 4
weeks and not more than 26 weeks.
(3) A declaration under this section has effect accordingly.
If:
(a) a person has been an accruing member of the pension bonus scheme for a
continuous period (the first accruing membership period)
(including a period that is applicable because of one or more applications of
this section); and
(b) the first accruing membership period is followed by a continuous
period of non-accruing membership of the scheme; and
(c) the period of non-accruing membership is followed by a further
continuous period of accruing membership of the scheme (the second
accruing membership period);
the first accruing membership period and the second accruing membership
period are together taken to constitute a continuous period of accruing
membership of the scheme.
A person’s membership of the pension bonus scheme is
post-70/75 at all times on or after:
(a) if the person is eligible for an age service pension or income support
supplement (other than income support supplement that is payable as a result of
the operation of subclause 8(3) of Schedule 5) on the day the person reaches age
70—that day; or
(b) in any other case—the day the person reaches age 75.
Full-year bonus period
(1) The first bonus period that accrues to a person is the
full-year period of the person’s accruing membership of the pension bonus
scheme:
(a) that began on whichever of the following dates is
applicable:
(i) if the person was an accruing member of the pension bonus scheme on
the date the person’s registration as a member took effect—the date
the registration took effect;
(ii) in any other case—the date on which the person first became an
accruing member of the pension bonus scheme; and
(b) for which the person passes the work test.
Note: Accruing membership is defined by
section 45TM.
(2) Each succeeding full-year period of the person’s accruing
membership of the pension bonus scheme:
(a) that is specified in the person’s claim for pension bonus;
and
(b) for which the person passes the work test;
is a bonus period that accrues to the person.
Part-year bonus period
(3) A part-year period of the person’s accruing membership of the
pension bonus scheme is a bonus period that accrues to the person
if:
(a) the person passes the work test for that period; and
(b) the person specifies the period in the person’s claim for
pension bonus; and
(c) the period begins immediately after the end of a full-year bonus
period that accrues to the person; and
(d) the period is the last bonus period that accrues to the
person.
Note: Accruing membership is defined by
section 45TM.
Bonus periods must be consecutive
(4) A person cannot accrue more than one bonus period unless:
(a) the bonus periods are consecutive; or
(b) the bonus periods are separated only by a period of non-accruing
membership.
For the purposes of this Part, a person passes the work
test for a full-year period of the person’s accruing membership of
the pension bonus scheme if:
(a) in any case—the person satisfies the Commission that the total
number of hours gainfully worked by the person during that period was at least
960 and that at least 640 of that total number of hours were worked in
Australia; or
(b) if the person had only one partner during that period—the person
satisfies the Commission that the total number of hours gainfully worked by the
person’s partner during that period while the partner was a partner of the
person and was:
(i) an accruing member, or a post-70/75 member, of the pension bonus
scheme; or
(ii) an accruing member, or a post-75 member, of the corresponding scheme
under Part 2.2A of the Social Security Act;
was at least 960 and that at least 640 of that total number of hours were
worked in Australia; or
(c) if the person had 2 or more partners during that period—the
person satisfies the Commission that the total number of hours gainfully worked
by those partners during that period while they were partners of the person and
were:
(i) accruing members, or post-70/75 members, of the pension bonus scheme;
or
(ii) accruing members, or post-75 members, of the corresponding scheme
under Part 2.2A of the Social Security Act;
was at least 960 and that at least 640 of that total number of hours were
worked in Australia;
and either:
(d) the person satisfies the Commission that the applicable record-keeping
requirements (see section 45UA) have been complied with in relation to that
period; or
(e) the Commission decides to waive compliance with the applicable
record-keeping requirements in relation to that period.
(1) For the purposes of this Part, a person passes the work
test for a part-year period of the person’s accruing membership of
the pension bonus scheme if:
(a) in any case—the person satisfies the Commission that the total
number of hours gainfully worked by the person during that period was at least
the pro-rated number of hours (see subsection (2)) and that at least two-thirds
of that total number of hours were worked in Australia; or
(b) if the person had only one partner during that period—the person
satisfies the Commission that the total number of hours gainfully worked by the
person’s partner during that period while the partner was a partner of the
person and was:
(i) an accruing member, or a post-70/75 member, of the pension bonus
scheme; or
(ii) an accruing member, or a post-75 member, of the corresponding scheme
under Part 2.2A of the Social Security Act;
was at least the pro-rated number of hours (see subsection (2)) and that
at least two-thirds of that total number of hours were worked in Australia;
or
(c) if the person had 2 or more partners during that period—the
person satisfies the Commission that the total number of hours gainfully worked
by those partners during that period while they were partners of the person and
were:
(i) accruing members, or post-70/75 members, of the pension bonus scheme;
or
(ii) accruing members, or post-75 members, of the corresponding scheme
under Part 2.2A of the Social Security Act;
was at least the pro-rated number of hours (see subsection (2)) and that
at least two-thirds of that total number of hours were worked in
Australia;
and either:
(d) the person satisfies the Commission that the applicable record-keeping
requirements (see section 45UA) have been complied with in relation to that
period; or
(e) the Commission decides to waive compliance with the applicable
record-keeping requirements in relation to that period.
(2) For the purposes of this section, the pro-rated number of
hours applicable to a period is worked out using the
formula:
(1) If a person satisfies the Commission that:
(a) the person, or the person’s partner, has carried on gainful work
outside Australia; and
(b) because of special circumstances, the gainful work should be treated
as gainful work carried on in Australia;
the Commission may determine that this Part has effect as if the gainful
work were carried on in Australia.
(2) The determination has effect accordingly.
(1) For the purposes of this Part, gainful work is work for
financial gain or reward, whether as an employee, a self-employed person or
otherwise, where:
(a) the work involves a substantial degree of personal exertion on the
part of the person concerned; and
(b) the work is carried on within or outside Australia.
(2) Subsection (1) is to be ignored in determining the meaning of an
expression used in a provision of this Act other than this Part.
(1) If a person satisfies the Commission that:
(a) the person, or the person’s partner, has engaged in a particular
activity; and
(b) the activity involves a substantial degree of personal exertion on the
part of the person or the person’s partner, as the case may be;
and
(c) the activity does not consist of voluntary work for a charitable,
welfare or community organisation; and
(d) because of special circumstances, the activity should be treated as
gainful work;
the Commission may determine that this Part has effect as if the activity
were gainful work.
(2) The determination has effect accordingly.
For the purposes of this Part, if a person is engaged in gainful work,
the total hours gainfully worked by the person during a period are to be
determined as if the person had been engaged in gainful work
during any absences from the workplace that are irregular, infrequent and
minor.
(1) Unless the Commission otherwise determines, work undertaken by a
person is taken not to be gainful work for the purposes of this
Part to the extent to which the work consists of the management or
administration of one or more financial investments in which any of the
following has a legal or equitable interest:
(a) a member of the person’s family group (see subsection
(2));
(b) a company that is a family company in relation to the person (see
subsection (2));
(c) the trustee or trustees of a trust that is a family trust in relation
to the person (see subsection (2)).
Note: Financial investment is defined by
subsection 5J(1).
(2) In this section:
family company, in relation to a person, means a company
where:
(a) the company is, or its directors are, accustomed or under an
obligation, whether formal or informal, to act in accordance with the
directions, instructions or wishes of any or all of the members of the
person’s family group; or
(b) any or all of the members of the person’s family group are in a
position to cast, or control the casting of, more than 50% of the maximum number
of votes that may be cast at a general meeting of the company; or
(c) both:
(i) the company has one or more shareholders; and
(ii) each shareholder is a member of the person’s family
group.
family group, in relation to a person, means the group
consisting of the person and the family members of the person. If the person has
no family members, the person is taken to be a family group in his or her own
right.
Note: Family member is defined by subsection
5L(1).
family trust, in relation to a person, means a trust where a
member of the person’s family group benefits, or is capable (whether by
the exercise of a power of appointment or otherwise) of benefiting, under the
trust.
(1) Unless the Commission otherwise determines, work undertaken by a
person is taken not to be gainful work for the purposes of this
Part if the work consists of carrying out:
(a) domestic tasks; or
(b) household maintenance tasks; or
(c) gardening tasks; or
(d) similar tasks;
in relation to:
(e) the person’s place of residence; or
(f) if the person has 2 or more places of residence—any of those
places of residence.
(2) For the purposes of this section, a place of residence
includes:
(a) if the place is a dwelling-house—any land or building that is
adjacent to the dwelling-house and that is used primarily for private or
domestic purposes in association with that dwelling-house; or
(b) if the place is a flat or home unit—a garage or storeroom that
is used for private or domestic purposes in association with the flat or home
unit.
Hours worked during full-year period
(1) The Commission may, if requested to do so by a member of the pension
bonus scheme, issue a written certificate stating that:
(a) the member was an accruing member of the scheme throughout a specified
full-year period; and
(b) the total number of hours gainfully worked by the member during that
period was at least a specified number of hours; and
(c) the total number of hours gainfully worked in Australia by the member
during that period was at least a specified number of hours.
(2) The Commission may, if requested to do so by a member of the pension
bonus scheme, issue a written certificate stating that:
(a) the member was an accruing member of the scheme throughout a specified
full-year period; and
(b) the total number of hours gainfully worked by a specified person
during that period while the person was the partner of the member and
was:
(i) an accruing member, or a post-70/75 member, of the pension bonus
scheme; or
(ii) an accruing member, or a post-75 member, of the corresponding scheme
under Part 2.2A of the Social Security Act;
was at least a specified number of hours; and
(c) the total number of hours gainfully worked in Australia by a specified
person during that period while the person was the partner of the member and
was:
(i) an accruing member, or a post-70/75 member, of the pension bonus
scheme; or
(ii) an accruing member, or a post-75 member, of the corresponding scheme
under Part 2.2A of the Social Security Act;
was at least a specified number of hours.
Hours worked during part-year period
(3) The Commission may, if requested to do so by a member of the pension
bonus scheme, issue a written certificate stating:
(a) that the member was an accruing member of the scheme throughout a
specified part-year period; and
(b) the total number of hours gainfully worked by the member during that
period; and
(c) the total number of hours gainfully worked in Australia by the member
during that period.
(4) The Commission may, if requested to do so by a member of the pension
bonus scheme, issue a written certificate stating:
(a) that the member was an accruing member of the scheme throughout a
specified part-year period; and
(b) the total number of hours gainfully worked by a specified person
during that period while the person was the partner of the member and
was:
(i) an accruing member, or a post-70/75 member, of the pension bonus
scheme; or
(ii) an accruing member, or a post-75 member, of the corresponding scheme
under Part 2.2A of the Social Security Act; and
(c) the total number of hours gainfully worked in Australia by a specified
person during that period while the person was the partner of the member and
was:
(i) an accruing member, or a post-70/75 member, of the pension bonus
scheme; or
(ii) an accruing member, or a post-75 member, of the corresponding scheme
under Part 2.2A of the Social Security Act.
Record-keeping requirements
(5) If:
(a) a person makes a request for a certificate under subsection (1), (2),
(3) or (4) relating to a particular period; and
(b) the applicable record-keeping requirements have not been complied with
in relation to that period (see section 45UA);
the Commission may refuse to issue the certificate.
Non-accruing membership
(6) The Commission may, if requested to do so by a member of the pension
bonus scheme, issue a written certificate stating that the member was a
non-accruing member of the scheme throughout a specified period.
Evidence
(7) In any proceedings relating to this Part, a certificate under this
section is prima facie evidence of the matters in the certificate.
Record-keeping requirements for person
(1) For the purposes of the application of paragraph 45TS(a) or 45TT(1)(a)
or subsection 45U(1) or (3) to a person, the applicable record-keeping
requirements have been complied with in relation to a period of the
person’s accruing membership of the pension bonus scheme if:
(a) in a case where the person has:
(i) been given a group certificate in respect of any gainful work carried
on by the person during that period; or
(ii) lodged an income tax return that relates to any gainful work carried
on by the person during that period;
the person would be in a position to produce a copy of the certificate or
of the return, as the case may be, to the Secretary if the Secretary were to
require the person to produce that copy; and
(b) both:
(i) the person has kept a recognised work record (see subsection (3)) in
relation to gainful work carried on by the person during that period;
and
(ii) the person would be in a position to produce that record to the
Secretary if the Secretary were to require the person to produce that
record.
Record-keeping requirements for partner of person
(2) For the purposes of the application of paragraph 45TS(b) or (c) or
45TT(1)(b) or (c) or subsection 45U(2) or (4) to a partner of a person, the
applicable record-keeping requirements have been complied with in relation to a
period of the person’s accruing membership of the pension bonus scheme
if:
(a) in a case where the partner has been given a group certificate in
respect of any gainful work carried on by the partner during that period while
the partner was a partner of the person and was:
(i) an accruing member, or a post-70/75 member, of the pension bonus
scheme; or
(ii) an accruing member, or a post-75 member, of the corresponding scheme
under Part 2.2A of the Social Security Act;
the person would be in a position to produce a copy of the certificate to
the Secretary if the Secretary were to require the person to produce that copy;
and
(b) in a case where the partner has lodged an income tax return that
relates to any gainful work carried on by the partner during that period while
the partner was a partner of the person and was:
(i) an accruing member, or a post-70/75 member, of the pension bonus
scheme; or
(ii) an accruing member, or a post-75 member, of the corresponding scheme
under Part 2.2A of the Social Security Act;
the person would be in a position to produce a copy of the return to the
Secretary if the Secretary were to require the person to produce that copy;
and
(c) in any case—the partner has kept a recognised work record (see
subsection (3)) in relation to any gainful work carried on by the partner during
that period while the partner was a partner of the person and was:
(i) an accruing member, or a post-70/75 member, of the pension bonus
scheme; or
(ii) an accruing member, or a post-75 member, of the corresponding scheme
under Part 2.2A of the Social Security Act;
and the person would be in a position to produce that record to the
Secretary if the Secretary were to require the person to produce that
record.
Recognised work record
(3) For the purposes of this section, a recognised work
record, in relation to a person, is a written statement signed by the
person that sets out, in relation to gainful work carried on by the person
during a particular period:
(a) the nature of the gainful work; and
(b) the dates on which the gainful work was carried on; and
(c) the total number of hours gainfully worked; and
(d) the total number of hours gainfully worked in Australia; and
(e) in a case where any of the gainful work was carried on in the capacity
of employee—the name or names of the employer or employers concerned;
and
(f) such other particulars as the Secretary requires.
(1) To calculate the amount of a person’s pension bonus:
(a) work out which of the person’s bonus periods count as qualifying
bonus periods (see section 45UC);
(b) work out the person’s overall qualifying period (see section
45UD);
(c) work out the person’s pension multiple (see section
45UE);
(d) work out the person’s annual pension rate (see section
45UF);
(e) apply the appropriate formula in section 45UG.
Note: Bonus period is defined by section
45TR.
(2) For the purposes of this Division, a number of years is to be
calculated to 3 decimal places. However, if a number worked out in accordance
with this subsection would, if it were calculated to 4 decimal places, end in a
digit that is greater than 4, the number is to be increased by 0.001.
(1) For the purposes of this Division, if a person has accrued only one
bonus period, that bonus period is the person’s qualifying bonus
period.
(2) For the purposes of this Division, if a person has accrued only 2
bonus periods, each of those bonus periods is a qualifying bonus
period.
(3) For the purposes of this Division, if a person has accrued only 3
bonus periods, each of those bonus periods is a qualifying bonus
period.
(4) For the purposes of this Division, if a person has accrued only 4
bonus periods, each of those bonus periods is a qualifying bonus
period.
(5) For the purposes of this Division, if a person has accrued only 5
bonus periods, each of those bonus periods is a qualifying bonus
period.
(6) For the purposes of this Division, if:
(a) a person has accrued more than 5 bonus periods; and
(b) the last bonus period is a full-year period;
each of the 5 most recent bonus periods are qualifying bonus
periods.
(7) For the purposes of this Division, if:
(a) a person has accrued more than 5 bonus periods; and
(b) the last bonus period is a part-year period;
each of the 5 most recent full-year bonus periods are qualifying
bonus periods.
(1) For the purposes of this Division, if a person has only one qualifying
bonus period, that period is the person’s overall qualifying
period.
(2) For the purposes of this Division, if a person has 2 or more
qualifying bonus periods, the person’s overall qualifying
period is the period:
(a) beginning at the start of the first qualifying bonus period;
and
(b) ending at the end of the last qualifying bonus period.
However, any period of non-accruing membership of the pension bonus scheme
is taken not to form part of the person’s overall qualifying
period.
For the purposes of this Division, a person’s pension
multiple is worked out using the
formula:
For the purposes of this Division, a person’s annual pension
rate is set out in the following table:
|
Annual pension rate |
||
|---|---|---|
|
Item |
In this case: |
the person’s annual pension rate is: |
|
1 |
The person: |
the rate that would be the person’s provisional payment rate under
Method statement 1 in subpoint SCH6-A1(2), ascertained as at the date of the
grant, if it were assumed that Steps 2 and 3 were omitted from the Method
statement |
|
2 |
The person: |
the person’s maximum basic rate under the point SCH6-B1 table,
ascertained as at the date of the grant |
|
3 |
The person: |
the lesser of the following rates (or, if the rates are the same, the first
rate): |
|
4 |
The person: |
the person’s ceiling rate under point SCH6-A4, ascertained as at the
date of the grant |
|
5 |
The person: |
the rate that would be the person’s provisional payment rate under
Method statement 5 in subpoint SCH6-A1(6), ascertained as at the date of the
grant, if it were assumed that: |
|
6 |
The person: |
the person’s ceiling rate under point SCH6-A4, ascertained as at the
date of the grant |
No change in marital status during overall qualifying
period
(1) If:
(a) a person was a member of a couple throughout the person’s
overall qualifying period; or
(b) a person was not a member of a couple at any time during the
person’s overall qualifying period;
the amount of the person’s pension bonus is worked out using the
following formula (for rounding up, see subsection (4)):
Change in marital status during overall qualifying period
(2) If subsection (1) does not apply to a person, the amount of the
person’s pension bonus is worked out using the following formula (for
rounding up, see subsection (4)):
where:
annual notional single pension rate has the meaning given by
section 45UH.
annual notional partnered pension rate has the meaning given
by section 45UI.
(3) For the purposes of this section:
(a) the number of single years during the overall qualifying
period is the number of years during the overall qualifying period when the
person was not a member of a couple; and
(b) the number of partnered years during the overall
qualifying period is the number of years during the overall qualifying period
when the person was a member of a couple.
Rounding up
(4) An amount calculated under subsection (1) or (2) is to be rounded to
the nearest 10 cents (with 5 cents being rounded up).
(1) For the purposes of this Division, a person’s annual
notional single pension rate is set out in the following
table:
|
Annual notional single pension rate |
||
|---|---|---|
|
|
|
the person’s annual notional single pension rate is: |
|
1 |
The person: |
the adjusted percentage of the person’s maximum basic rate under the
point SCH6-B1 Table, ascertained as at the date of grant of the designated
pension, if it were assumed that the person were not a member of a couple as at
that date |
|
2 |
The person: |
the person’s maximum basic rate under the point SCH6-B1 Table,
ascertained as at the date of grant of the designated pension, if it were
assumed that the person were not a member of a couple as at that date |
|
3 |
The person: |
the person’s annual pension rate, ascertained as at the date of grant
of the designated pension, if it were assumed that the person were not a member
of a couple as at that date |
|
4 |
The person: |
the apportioned single amount worked out under subsection (2) |
(2) For the purposes of this section, the apportioned single amount
is:
where:
period not a war widow or war widower is the
number of days in so much of the single part of overall qualifying period as
occurred when the person was not a war widow/war
widower—pensioner.
single part of overall qualifying period is the number of
days in so much of the overall qualifying period as occurred when the person was
not a member of a couple.
provisional payment rate is:
(a) in a case where the person is granted an age service pension or a
partner service pension—the person’s provisional payment rate under
Method statement 1 in subpoint SCH6-A1(2), ascertained as at the date of the
grant, if it were assumed that Steps 2 and 3 were omitted from the Method
statement; or
(b) in a case where the person is granted income support
supplement—the person’s provisional payment rate under Method
statement 5 in subpoint SCH6-A1(6), ascertained as at the date of the grant, if
it were assumed that Steps 2, 3 and 9 were omitted from the Method
statement.
period a war widow or war widower is the number of days in so
much of the single part of overall qualifying period as occurred when the person
was a war widow/war widower—pensioner.
annual pension rate is the person’s annual pension
rate, ascertained as at the date of grant of the designated pension, if it were
assumed that the person were not a member of a couple as at that date.
(3) For the purposes of this section, a person’s adjusted
percentage is the percentage worked out using the following formula (for
rounding up, see subsection (4)):
where:
maximum basic rate is the person’s maximum basic rate
under the point SCH6-B1 Table, ascertained as at the date of grant of the
designated pension.
(4) A percentage worked out under subsection (3) is to be calculated to 3
decimal places. However, if a percentage worked out under subsection (3) would,
if it were calculated to 4 decimal places, end in a digit that is greater than
4, the percentage is to be increased by 0.001.
(1) For the purposes of this Division, a person’s annual
notional partnered pension rate is set out in the following
table:
|
Annual notional partnered pension rate |
||
|---|---|---|
|
|
|
the person’s annual notional partnered pension rate
is: |
|
1 |
The person: |
the adjusted percentage of the person’s maximum basic rate under the
point SCH6-B1 Table, ascertained as at the date of grant of the designated
pension, if it were assumed that the person were a member of a couple as at that
date |
|
2 |
The person: |
the person’s maximum basic rate under the point SCH6-B1 Table,
ascertained as at the date of grant of the designated pension, if it were
assumed that the person were a member of a couple as at that date |
|
3 |
The person: |
the person’s annual pension rate, ascertained as at the date of grant
of the designated pension, if it were assumed that the person were a member of a
couple as at that date |
|
4 |
The person: |
the apportioned partnered amount worked out under subsection (2) |
(2) For the purposes of this section, the apportioned partnered
amount is:
where:
period not a war widow or war widower is the
number of days in so much of the partner part of overall qualifying period as
occurred when the person was not a war widow/war
widower—pensioner.
partner part of overall qualifying period is the number of
days in so much of the overall qualifying period as occurred when the person was
a member of a couple.
provisional payment rate is:
(a) in a case where the person is granted an age service pension or a
partner service pension—the person’s provisional payment rate under
Method statement 1 in subpoint SCH6-A1(2), ascertained as at the date of the
grant, if it were assumed that Steps 2 and 3 were omitted from the Method
statement; or
(b) in a case where the person is granted income support
supplement—the person’s provisional payment rate under Method
statement 5 in subpoint SCH6-A1(6), ascertained as at the date of the grant, if
it were assumed that Steps 2, 3 and 9 were omitted from the Method
statement.
period a war widow or war widower is the number of days in so
much of the partner part of overall qualifying period as occurred when the
person was a war widow/war widower—pensioner.
annual pension rate is the person’s annual pension
rate, ascertained as at the date of grant of the designated pension, if it were
assumed that the person were a member of a couple as at that date.
(3) For the purposes of this section, a person’s adjusted
percentage is the percentage worked out using the following formula (for
rounding up, see subsection (4)):
where:
maximum basic rate is the person’s maximum basic rate
under the point SCH6-B1 Table, ascertained as at the date of grant of the
designated pension.
(4) A percentage worked out under subsection (3) is to be calculated to 3
decimal places. However, if a percentage worked out under subsection (3) would,
if it were calculated to 4 decimal places, end in a digit that is greater than
4, the percentage is to be increased by 0.001.
A person who wants to be granted a pension bonus must make a proper claim
for the bonus.
(1) To be a proper claim, a claim for pension bonus must be:
(a) in writing; and
(b) in accordance with a form approved by the Commission; and
(c) either:
(i) attached to a proper claim made by the person for a designated pension
and lodged together with that claim; or
(ii) made in accordance with an invitation under subsection (3);
and
(d) made within the applicable lodgment period (see section
45UL).
(2) A claim for pension bonus is a proper claim even though it is not
certain whether the person will start to receive a designated pension at or
after the time when the person makes the claim. The claim has effect as a claim
that is contingent on the person receiving a designated pension.
(3) If:
(a) a person makes a proper claim for a designated pension; and
(b) the claim is in accordance with a form that does not require the
claimant to disclose whether the claimant is a registered member of:
(i) the pension bonus scheme; or
(ii) the corresponding scheme under Part 2.2A of the Social Security Act;
and
(c) the person is, to the knowledge of the Secretary, registered as a
member of the pension bonus scheme; and
(d) a claim by the person for pension bonus is not attached to the claim
for the designated pension;
the Secretary must give the claimant a written notice inviting the claimant
to lodge a claim for a pension bonus:
(e) within such period after the lodgment of the claim for the designated
pension as is specified in the invitation; and
(f) at such place as in specified in the invitation.
(4) If a claim for pension bonus is made in accordance with an invitation
under subsection (3), this Part (other than this section) has effect as if the
person had claimed the pension bonus at the same time as the person claimed the
designated pension.
(1) This section sets out rules for determining the period (the
lodgment period) within which a claim for pension bonus must be
made.
Lodgment period where last bonus period is a full-year period
(2) If a person’s last bonus period is a full-year period, the
lodgment period applicable to the person’s claim for pension
bonus is the period of 13 weeks beginning at the end of that bonus period.
However, this rule does not apply if:
(a) the person is an exempt partnered person (see subsection (8)) as at
the end of the person’s last bonus period; or
(b) the person’s membership of the pension bonus scheme becomes
non-accruing immediately after the end of the person’s last bonus period;
or
(c) the person is a post-70/75 member of the pension bonus scheme and has
a post-70/75 work period (see subsection (9)).
Note: For the rule in these cases, see subsections (5), (6)
and (7).
Lodgment period where last bonus period is a part-year
period
(3) If a person’s last bonus period is a part-year period, the
lodgment period applicable to the person’s claim for pension
bonus is:
(a) the period of 13 weeks beginning at the end of that bonus period;
or
(b) if the Commission allows a longer period—that longer
period.
However, this rule does not apply if:
(c) the person is an exempt partnered person (see subsection (8)) as at
the end of the person’s last bonus period; or
(d) the person’s membership of the pension bonus scheme becomes
non-accruing immediately after the end of the person’s last bonus period;
or
(e) the person is a post-70/75 member of the pension bonus scheme and has
a post-70/75 work period (see subsection (9)).
Note: For the rule in these cases, see subsections (5), (6)
and (7).
(4) If:
(a) subsection (3) applies to a person’s claim for pension bonus;
and
(b) the claim is lodged within a period allowed under paragraph
(3)(b);
Division 6 has effect, in relation to the calculation of the amount of that
pension bonus, as if the person had not accrued the part-year bonus
period.
Lodgment period for exempt partnered person
(5) If a person is an exempt partnered person as at the end of the
person’s last bonus period because the person is a member of a couple, the
lodgment period applicable to the person’s claim for pension
bonus is the period:
(a) beginning at the end of that bonus period; and
(b) ending at:
(i) the time of the last occasion on which the person’s partner
could have lodged a claim for a pension bonus; or
(ii) the end of the period of 13 weeks after the person ceases to be a
member of the same couple (whether because of the death of the person’s
partner or for any other reason);
whichever comes first.
Lodgment period for non-accruing member
(6) If a person’s membership of the pension bonus scheme becomes
non-accruing immediately after the end of the person’s last bonus period,
the lodgment period applicable to the person’s claim for
pension bonus is the period:
(a) beginning at the end of the person’s last bonus period;
and
(b) ending 13 weeks after the time when the person’s membership of
the scheme ceases to be non-accruing.
Lodgment period for post-70/75 member who has a post-70/75 work
period
(7) If a post-70/75 member of the pension bonus scheme has a post-70/75
work period, the lodgment period applicable to the person’s
claim for pension bonus is the period of 13 weeks beginning at the end of the
period nominated in the claim as the person’s post-70/75 work
period.
Exempt partnered person
(8) For the purposes of this section, a person is an exempt
partnered person at a particular time if, at that time, the person is a
member of a couple, and:
(a) the person’s partner is an accruing or non-accruing member of
the pension bonus scheme; or
(b) the person’s partner is an accruing or non-accruing member of
the corresponding scheme under Part 2.2A of the Social Security Act.
Post-70/75 member with a post-70/75 work period
(9) For the purposes of this section, a post-70/75 member of the pension
bonus scheme has a post-70/75 work period if:
(a) the person’s claim for pension bonus nominates a particular
period as the person’s post-70/75 work period; and
(b) the nominated period begins immediately after the end of the
person’s last bonus period; and
(c) if it were assumed that the person had been an accruing member of the
pension bonus scheme throughout each test period that is applicable to the
person, the person would have passed the work test for each test
period.
Note: Test period is defined by subsection
(10).
(10) For the purposes of subsection (9), to work out what is a test
period:
(a) identify the extended period, which is that part of the
nominated period when the person was neither:
(i) subject to a carer preclusion period; nor
(ii) covered by a declaration under section 45TO;
(b) if the extended period is 365 days or less—the extended period
is the only test period;
(c) if the extended period is longer than 365 days—each of the
following periods is a test period:
(i) the full-year period beginning at the start of the extended
period;
(ii) if 2 or more succeeding full-year periods are included in the
extended period—each of those full-year periods;
(iii) the remainder (if any) of the extended period.
(11) In addition to its effect apart from this subsection, section 45U
(evidentiary certificates) also has the effect it would have if each reference
in paragraph 45U(1)(a), (2)(a), (3)(a) or (4)(a) to an accruing member of the
pension bonus scheme were a reference to a post-70/75 member of the
scheme.
Last bonus period
(12) For the purposes of this section, if a person has accrued only one
full year bonus period, that period is the person’s last bonus
period.
(1) A claimant for a pension bonus may withdraw a claim that has not been
determined.
(2) A claim that is withdrawn is taken not to have been made.
(3) A withdrawal may be made orally or in writing.
(4) If:
(a) a person claims both a pension bonus and a designated pension;
and
(b) the claim for the designated pension is withdrawn;
the claim for pension bonus is taken to have been withdrawn.
(5) If:
(a) a person claims both a pension bonus and a designated pension;
and
(b) the claim for the designated pension is rejected as a direct or
indirect result of the operation of Subdivision B of Division 11 of Part IIIB
(disposals of assets);
the claim for pension bonus is taken to have been withdrawn.
(1) If a person makes a proper claim for a pension bonus, the Secretary
must cause an investigation to be made into the matters to which the claim
relates.
(2) When the investigation is completed, the Secretary must cause the
claim to be submitted to the Commission for consideration and
determination.
(3) When the claim is submitted to the Commission, it must be accompanied
by:
(a) any evidence supplied by the claimant in support of the claim;
and
(b) any documents or other evidence obtained by the Department in the
course of the investigation that are relevant to the claim; and
(c) any other documents or other evidence under the control of the
Department that are relevant to the claim.
(1) The Commission must, in accordance with this Act, determine a claim
for pension bonus.
(2) If a person claims both a pension bonus and a designated pension, the
Commission must not determine the claim for pension bonus until the claim for
the designated pension has been granted.
The Commission must determine that a claim for pension bonus is to be
granted if the Commission is satisfied that the person is qualified for the
pension bonus.
If a claim for pension bonus is granted, the bonus is payable to the
person concerned on:
(a) the first pension payday after the grant; or
(b) if the Commission considers that it is not practicable to pay the
bonus on that payday—the next practicable day.
(1) This section sets out the only circumstances in which a pension bonus
will be payable after the death of the person concerned.
Claim granted before death
(2) If:
(a) a person claims a pension bonus; and
(b) the person dies; and
(c) at the time of the person’s death, the claim had been granted,
but the person had not received the bonus;
the bonus is payable to the legal personal representative of the
person.
Claim not granted before death
(3) If:
(a) a person claims a pension bonus; and
(b) the person dies; and
(c) at the time of the person’s death, the claim had not been
determined;
then:
(d) the Commission must determine the claim after the person’s death
as if the person had not died; and
(e) if the claim is granted—the bonus is payable to the legal
personal representative of the person.
(4) If:
(a) under paragraph (3)(d), the Commission is required to determine a
claim for pension bonus after a person’s death; and
(b) at the time of the person’s death, the person’s claim for
a designated pension had not been determined;
then, in determining the claim for pension bonus, this Part is modified as
set out in the following table:
|
Modifications |
||
|---|---|---|
|
Item |
This provision: |
is modified in this way: |
|
1 |
Paragraph 45TC(1)(a) |
The condition in this paragraph is taken to be satisfied if the person
would have started to receive an age service pension if the person had not
died. |
|
2 |
Paragraph 45TC(2)(a) |
The condition in this paragraph is taken to be satisfied if the person
would have started to receive a partner service pension if the person had not
died. |
|
3 |
Paragraph 45TC(3)(a) |
The condition in this paragraph is taken to be satisfied if the person
would have started to receive income support supplement (other than income
support supplement that is payable as a result of the operation of subclause
8(3) of Schedule 5) if the person had not died. |
|
4 |
Division 6 |
A reference in the Division to a particular rate is taken to be a reference
to the rate that would have been applicable to the person if the person had not
died. |
|
5 |
Division 6 |
A reference in the Division to the date of grant of the designated pension
is taken to be a reference to the date that the designated pension would have
been granted if the person had not died. |
|
6 |
Subsection 45UK(2) |
The subsection is to be disregarded. |
|
7 |
Subsection 45UO(2) |
The subsection is to be disregarded. |
Liability of Commonwealth
(5) If a pension bonus is paid under subsection (2) or (3), the
Commonwealth has no further liability to any person in respect of that
bonus.
(1) A pension bonus is absolutely inalienable, whether by way of, or in
consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
This subsection has effect subject to subsections (2) and (3) and section
58J.
Deduction from bonus to pay tax debts that are unrelated to the
bonus
(2) The Commission may make a deduction from a pension bonus payable to a
person if the person asks the Commission:
(a) to make the deduction; and
(b) to pay the amount to be deducted to the Commissioner of
Taxation.
Note 1: The Commission must make deductions from a
person’s pension or pension bonus if requested by the Commissioner of
Taxation—see section 58J.
Note 2: Under the Income Tax Assessment Act 1997,
pension bonus is exempt from income tax.
Deduction from bonus at recipient’s request
(3) The Commission may make a deduction from a pension bonus payable to a
person if the person consents under paragraph 205(2)(e) to the Commission making
the deduction.
Note: Paragraph 205(2)(e) enables the Commission to recover
a debt from a person other than the debtor if the person is receiving a benefit
under this Act.
(1) For the purposes of this Part, if:
(a) either:
(i) a person has, during a designated year of the person, disposed of an
asset of the person; or
(ii) the partner of a person has, during a designated year of the person,
disposed of an asset of the partner; and
(b) the amount of that disposition, or the sum of that amount and of the
amounts (if any) of other dispositions of assets previously made by the person
and/or the person’s partner during that designated year, exceeds
$10,000;
the person is subject to a disposal preclusion period
throughout the period of 5 years that starts on the day on which the disposition
referred to in paragraph (a) took place.
Note: Designated year is defined by subsection
(3).
(2) For the purposes of this Part, if:
(a) a person ceases to be a member of a couple (whether because of the
death of the person’s partner or for any other reason); and
(b) immediately before the cessation, the person was subject to a
particular disposal preclusion period that arose wholly because the
person’s partner disposed of a particular asset; and
(c) if that disposition had been disregarded, the person would not have
been subject to that disposal preclusion period;
then, despite subsection (1), that disposal preclusion period ends at the
cessation.
(3) For the purposes of this section, a designated year of a
person is:
(a) the 12-month period ending on the person’s special date of
eligibility for a designated pension; and
(b) each preceding 12-month period; and
(c) each succeeding 12-month period.
(4) This section applies to a disposal even if the disposal took place
before the commencement of this section.
(1) For the purposes of this Part, if a person receives:
(a) a carer payment; or
(b) a carer service pension; or
(c) income support supplement that is payable as a result of the operation
of subclause 8(3) of Schedule 5;
during a particular period, the person is subject to a carer
preclusion period throughout that period.
(2) This section applies to a carer payment, a carer service pension or
income support supplement even if it was received before the commencement of
this section.
14 At the end of section 57
Add:
(3) A person who is dissatisfied with a decision of the Commission under
Part IIIAB (pension bonus) may request the Commission to review the decision.
However, this rule does not apply to a decision of the Commission
under:
(a) section 45TE (approval of form); or
(b) section 45TG (approval of places and persons); or
(c) section 45TO (declaration of non-accruing membership); or
(d) paragraph 45UK(1)(b) (approval of form).
15 At the end of section
58J
Add:
(2) The Commission must, in accordance with section 218 of the Income Tax
Assessment Act, for the purposes of enabling the collection of tax that is, or
may become, payable by a recipient of a pension bonus:
(a) make a deduction from the bonus payable to the recipient;
and
(b) pay the amount deducted to the Commissioner of Taxation.
16 After paragraph
119(1)(b)
Insert:
(ba) a review, under Division 16 of Part IIIB, of a decision of the
Commission under Part IIIAB (pension bonus); or
17 Subsection 119(2) (at the end of paragraphs
(a) and (b) of the definition of application)
Add “or”.
18 Subsection 119(2) (at the end of the
definition of application)
Add:
; or (e) an application under Part IIIAB for registration as a member of
the pension bonus scheme.
19 Subsection 119(2) (at the end of the
definition of claim)
Add:
; or (e) a claim for a pension bonus under Part IIIAB.
20 At the end of section
210A
Add:
(3) If a written statement signed by a person referred to in subsection
(1) is to the effect that, on a specified day, a specified person received a
specified amount by way of pension bonus under this Act, the statement is prima
facie evidence of the matters in the statement.
1 Section 11-15 (table item headed “social
security or like payments”)
After:
|
drought relief, payment for |
53-10 and |
Insert:
|
pension bonus |
52-10 and 52-65 |
2 Subsection 52-10(1)
After “payments”, insert “(other than payments of pension
bonus)”.
3 After subsection 52-10(1)
Insert:
(1A) Payments of pension bonus under Part 2.2A of the Social Security
Act 1991 are exempt from income tax.
4 Subsection 52-65(1)
After “payments”, insert “(other than payments of pension
bonus)”.
5 After subsection 52-65(1)
Insert:
(1A) Payments of pension bonus under Part IIIAB of the Veterans’
Entitlements Act 1986 are exempt from income tax.