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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024-2025
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Legislation Amendment
(Technical Changes) Bill 2025
No. , 2025
(Social Services)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2025
Social Security Legislation Amendment (Technical Changes) Bill 2025
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Dependent youth rate for disability support
pension
3
Part 1
--
Amendments
3
Social Security Act 1991
3
Part 2
--
Validation and application provisions
4
No. , 2025
Social Security Legislation Amendment (Technical Changes) Bill 2025
1
A Bill for an Act to amend the law relating to social
1
security, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Social Security Legislation Amendment (Technical
5
Changes) Act 2025
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Social Security Legislation Amendment (Technical Changes) Bill 2025
No. , 2025
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Dependent youth rate for disability support pension
Schedule 1
Amendments
Part 1
No. , 2025
Social Security Legislation Amendment (Technical Changes) Bill 2025
3
Schedule
1--Dependent youth rate for
1
disability support pension
2
Part
1--Amendments
3
Social Security Act 1991
4
1 Subsection 1067A(12)
5
Omit "A person is independent", substitute "For the purposes of this
6
Part and Parts 2.11, 2.11B and 3.7 (except sections 1070F and 1070N),
7
a person is independent".
8
Schedule 1
Dependent youth rate for disability support pension
Part 2
Validation and application provisions
4
Social Security Legislation Amendment (Technical Changes) Bill 2025
No. , 2025
Part
2--Validation and application provisions
1
2 Validation
--
disability support pension rate for people with
2
partial capacity to work
3
(1)
This item applies if:
4
(a) a thing was done, or purportedly done, under a law of the
5
Commonwealth before the commencement of this item; and
6
(b) the thing was done, or purportedly done, on the basis that a
7
person was not independent for the purposes of working out:
8
(i) the maximum basic rate of disability support pension
9
that was or would be payable to the person; or
10
(ii) whether the person qualified for rent assistance because
11
the person complied with subsection 1070F(2) of the
12
Social Security Act 1991
; or
13
(iii) the rate of rent assistance payable to the person under
14
section 1070N of that Act; and
15
(c) the thing done, or purportedly done, would, apart from this
16
item, be wholly or partly invalid or ineffective only because
17
the person was in fact independent for the purposes of
18
working out the matter mentioned in subparagraph (b)(i), (ii)
19
or (iii) of this subitem; and
20
(d) the person was independent for that purpose only because of
21
subsection 1067A(12) of that Act.
22
(2)
The thing done, or purportedly done, is taken for all purposes to be
23
valid and effective, and to have always been valid and effective.
24
(3)
To avoid doubt, anything else done or purportedly done before the
25
commencement of this item that would, apart from subitem (2), be
26
wholly or partly invalid or ineffective is taken for all purposes to be,
27
and to have always been, valid and effective.
28
(4)
To avoid doubt, subitems (2) and (3) apply despite any effect they may
29
have on the accrued rights of any person.
30
3 Application of amendments
31
(1)
Section 1067A of the
Social Security Act 1991
, as amended by this Act,
32
applies on and after the commencement of this item in relation to
33
Dependent youth rate for disability support pension
Schedule 1
Validation and application provisions
Part 2
No. , 2025
Social Security Legislation Amendment (Technical Changes) Bill 2025
5
working out the rate of a person's disability support pension in respect
1
of days occurring before, on or after that commencement.
2
(2)
However, section 1067A of the
Social Security Act 1991
, as in force
3
immediately before that commencement, continues to apply on and after
4
that commencement in relation to working out the rate of a person's
5
disability support pension in respect of a day occurring before that
6
commencement if:
7
(a) a determination of that rate, made under the social security
8
law before that commencement, was in effect on that day;
9
and
10
(b) the determination was made on the basis that the person was
11
independent for the purposes of working out that rate for that
12
day.
13
(3)
Except to the extent provided by subitems (1) and (2), section 1067A of
14
the
Social Security Act 1991
, as amended by this Act, applies on and
15
after the commencement of this item in relation to the doing of a thing
16
under a law of the Commonwealth that requires the working out of the
17
maximum basic rate of disability support pension:
18
(a) that is or would be payable to a person on or after that
19
commencement; or
20
(b) that was or would have been payable to a person before that
21
commencement.
22
(4)
To avoid doubt, subitems (1) to (3) have effect:
23
(a)
whether the person's claim for disability support pension is
24
made or granted before, on or after the commencement of
25
this item; and
26
(b) even if the working out is done in connection with the review
27
of a decision (including, without limitation, review under
28
section 126 or 129 of the
Social Security (Administration)
29
Act 1999
or review by the ART).
30
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