Commonwealth Numbered Acts Commonwealth Numbered Acts1 Subsection 5(8A)
Omit "subsection 37(3)", substitute "section 37".
2 Subsection 5(9)
Repeal the subsection.
3 Section 15
Repeal the section.
4 Subsection 17(1) (definition of payment for a period )
Repeal the definition.
5 Subsection 17(3A)
Repeal the subsection.
6 Subsection 23(1) (definition of receive )
Omit "(3),".
7 Subsection 23(1) (definition of receive )
After "(4),", insert "(4A) and".
8 Subsection 23(1) (definition of receive )
Omit "and (4AB)".
9 Subsection 37(3)
Omit "(3)".
10 Paragraph 38B(6)(b)
Repeal the paragraph, substitute:
(b) the period was a compliance penalty period that applied to the person in respect of the income support payment; or
(c) subsection 547AA(1), 615(1) or 771HF(1) applied to the person in respect of the income support payment for the duration of the period.
11 Subparagraph 408BA(2)(e)(ii)
Omit "throughout the period, she".
12 Subsection 500(1) (note 2)
Omit "section 1208A", substitute " section 10 of the Social Security (International Agreements) Act 1999 ".
13 Section 500B
Omit "who is a member of a couple".
Note: The heading to section 500B is altered by omitting " affecting member of couple ".
14 At the end of Subdivision A of Division 1 of Part 2.14
Add:
A person is not qualified for sickness allowance in respect of a period if the Secretary is satisfied that throughout the period:
(a) an assurance of support was in force in respect of the person (the assuree ); and
(b) the person who gave the assurance of support was willing and able to provide an adequate level of support to the assuree; and
(c) it was reasonable for the assuree to accept that support.
Note: For assurance of support see subsection 23(1).
15 Paragraph 685(2)(a)
Omit "that the Secretary has required the person to undertake under section 697", substitute "that the person is undertaking as mentioned in paragraph 667(3)(b)".
16 Subsection 1061EE(6) (paragraph (b) of the definition of fortnightly payment rate )
Omit "youth allowance, austudy payment,".
17 Subsection 1061EE(6) (at the end of the definition of fortnightly payment rate )
Add:
; or (c) in relation to youth allowance--the fortnightly rate of that benefit payable under the Youth Allowance Rate Calculator to the person on the last payday before the application for the advance payment was made, excluding any amount payable by way of remote area allowance; or
(d) in relation to austudy payment--the fortnightly rate of that benefit payable under the Austudy Payment Rate Calculator to the person on the last payday before the application for the advance payment was made, excluding any amount payable by way of remote area allowance.
18 Subsection 1067G(3)
Repeal the subsection.
19 After point 1067G‑D1
Insert:
1067G‑D2 If:
(a) an amount by way of youth disability supplement is to be added to a person's rate of youth allowance under point 1067G‑D1; and
(b) the sum of:
(i) the person's maximum basic rate of youth allowance; and
(ii) the amount of youth disability supplement;
would exceed the maximum basic rate of newstart allowance for a person with a partial capacity to work;
the rate of youth disability supplement is to be reduced (but not below zero) by the amount of the excess.
Note: For partial capacity to work , see section 16B.
20 Point 1068‑A1 (note 1)
Omit "Step 8", substitute "step 6".
21 Point 1068‑A1 (note 3)
Omit "Step 8 only if the person's rate of benefit after Step 5 is greater than nil", substitute "paragraph (c) of step 7 only if the conditions in point 1068‑J1 are satisfied".
22 Point 1068‑B1 (note 4)
Repeal the note.
23 Point 1068‑B1 (note 5)
Omit "the other rates", substitute "the rates in column 3".
24 Point 1068‑B1 (note 6)
Repeal the note.
25 Point 1068‑B2
Omit "1, 2, 3, 4 and 5", substitute "3, 4, 4A and 4B".
26 Paragraph 1070X(1)(b)
Repeal the paragraph, substitute:
(b) either:
(i) is receiving a social security benefit the rate of which is increased to take account of rent; or
(ii) is receiving a designated ABSTUDY payment, or would be receiving such a payment but for the partner's income.
27 At the end of subsection 1070X(1)
Add:
Note 1: See also subsections 23(4A) and (4AA).
Note 2: For designated ABSTUDY payment , see subsection (5).
28 Paragraph 1070X(2)(b)
Repeal the paragraph, substitute:
(b) either:
(i) is receiving a social security benefit the rate of which is increased to take account of rent; or
(ii) is receiving a designated ABSTUDY payment, or would be receiving such a payment but for the partner's income.
29 At the end of subsection 1070X(2)
Add:
Note 1: See also subsections 23(4A) and (4AA).
Note 2: For designated ABSTUDY payment , see subsection (5).
30 Paragraph 1070X(3)(b)
Repeal the paragraph, substitute:
(b) either:
(i) is receiving a social security benefit the rate of which is increased to take account of rent; or
(ii) is receiving a designated ABSTUDY payment, or would be receiving such a payment but for the partner's income.
31 At the end of subsection 1070X(3)
Add:
Note 1: See also subsections 23(4A) and (4AA).
Note 2: For designated ABSTUDY payment , see subsection (5).
32 At the end of section 1070X
Add:
Austudy Payment Rate Calculator
(4) If the rate of a person's social security payment is to be calculated in accordance with the Austudy Payment Rate Calculator, the person's partner has a rent increased benefit if the partner:
(a) is living with the person in their home; and
(b) either:
(i) is receiving a social security benefit the rate of which is increased to take account of rent; or
(ii) is receiving a designated ABSTUDY payment, or would be receiving such a payment but for the partner's income.
Note 1: See also subsections 23(4A) and (4AA).
Note 2: For designated ABSTUDY payment , see subsection (5).
Designated ABSTUDY payment
(5) For the purposes of this section, a designated ABSTUDY payment is a payment under the scheme known as the ABSTUDY scheme:
(a) the rate of which is increased to take account of rent; and
(b) that includes an amount identified as living allowance.
33 Subsection 1188F(7)
Omit "occurs", substitute "does not fall".
34 Section 1190 (table item 3)
Repeal the item.
Social Security (Administration) Act 1999
35 Subsection 18(2)
Omit "for which special employment advance is not payable", substitute "for which the entitlement is not payable".
Social Security (International Agreements) Act 1999
36 Paragraph 10(1)(d)
Omit "but for the operation of", substitute "if the following provisions had not been enacted".
37 Subparagraph 10(1)(d)(i)
Omit "or" (last occurring).
38 Subparagraph 10(1)(d)(ii)
Omit "Act to the extent that it requires a person to have been in Australia for the period specified in the subparagraph; or", substitute "Act;".
39 Paragraph 10(1)(e)
Repeal the paragraph, substitute:
(e) in determining whether the person is qualified for parenting payment, assume that the provisions referred to in paragraph (d) had not been enacted; and
40 Paragraph 10(2)(c)
Omit " but for the operation of subparagraph 500(1)(d)(ii) of the Social Security Act 1991 to the extent it requires a person to have been in Australia for the period specified in the subparagraph", substitute "if subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted".
41 Paragraph 10(2)(d)
Repeal the paragraph, substitute:
(d) in determining whether the person is qualified for parenting payment, assume that subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted; and
Social Security Legislation Amendment (2007 Budget Measures for Students) Act 2007
42 Item 18 of Schedule 2
Repeal the item, substitute:
18 Application
The amendments made by items 13 to 17 of this Schedule apply in relation to the calculation of the daily rate of Austudy payment for each of the following days:
(a) 1 January 2008;
(b) a later day.
Part 2 -- Amendments relating to the requirement to apply for job vacancies
Division 1--Amendments commencing on the day after Royal Assent
43 Paragraph 541A(g)
Omit "subsection 541C(1)", substitute "subsection 550A(1)".
44 Paragraph 541A(h)
Omit "subsection 541C(2)", substitute "subsection 550A(2)".
Division 2--Amendments commencing on 1 July 2009
45 Paragraph 541A(g)
Omit "subsection 550A(1)", substitute "subsection 42F(1) of the Administration Act".
46 Paragraph 541A(h)
Omit "subsection 550A(2)", substitute "subsection 42F(2) of the Administration Act".
[ Minister's second reading speech made in--
House of Representatives on 3 December 2008
Senate on 13 February 2009 ]
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