Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Abolition of certain incentive payments
1 Subsection 23(1)
Repeal the following definitions:
(a) definition of matched savings scheme (income management) payment ;
(b) definition of voluntary income management agreement ;
(c) definition of voluntary income management incentive payment .
2 Parts 2.25D and 2.25E
Repeal the Parts.
Social Security (Administration) Act 1999
3 Section 12J
Repeal the section.
4 Subsection 47(1) (paragraphs (fa) and (fb) of the definition of lump sum benefit )
5 Subdivision DD of Division 5 of Part 3B
Repeal the Subdivision.
Social Security (Administration) Act 1999
9 Section 123TC (paragraph (a) of the definition of child )
Repeal the paragraph, substitute:
(a) a child for whom the person is the principal carer; or
9A Paragraphs 123UF(1)(g) and (2)(h)
Omit "1 January 2016", substitute "1 July 2017".
10 Section 123UGC (heading)
Repeal the heading, substitute:
123UGC Exempt welfare payment recipient--person is not the principal carer of a child
11 Paragraph 123UGC(1)(a)
Repeal the paragraph, substitute:
(a) at the test time, the person is not the principal carer of a child who is a school age child or younger; and
12 Subparagraph 123UGC(1)(b)(ii)
Repeal the subparagraph, substitute:
(ii) within at least 4 of the last 6 fortnights before the test time, the person has received less than 25% of the maximum basic rate of youth allowance, newstart allowance, pension PP (single) or benefit (PP) partnered (other than because a compliance penalty period applied to the person);
(iia) within at least 4 of the last 6 fortnights before the test time, the person has received less than 25% of the equivalent rate of special benefit (other than because a compliance penalty period applied to the person);
13 Subsection 123UGC(1) (note)
Repeal the note.
14 Subsection 123UGC(4)
Repeal the subsection.
15 Section 123UGD (heading)
Repeal the heading, substitute:
123UGD Exempt welfare payment recipient--person is the principal carer of a child
16 Paragraph 123UGD(1)(a)
Repeal the paragraph, substitute:
(a) at the test time, the person is the principal carer of a child who is a school age child or younger; and
17 Paragraphs 123UGD(1)(b) and (c)
Omit "dependent".
18 Subsection 123UGD(1) (note 1)
Repeal the note.
19 Subsection 123UGD(1) (note 2)
Omit "Note 2", substitute "Note".
20 Subsection 123UGD(3) (heading)
Repeal the heading, substitute:
Activities relating to children (other than school age children)
21 Subsection 123UGD(3)
Omit "dependent".
22 Subsection 123UGD(7) (definition of dependent child )
Repeal the definition.
23 Section 123UGE
Repeal the section.
24 Paragraph 123UH(a)
Repeal the paragraph, substitute:
(a) at the particular time, the first person is a child for whom the other person is the principal carer; or
25 Subsection 123WL(4)
Repeal the subsection.
26 Section 123YR
Repeal the section, substitute:
123YR Credit of income management account in error
(1) If the Secretary is satisfied that an amount (the excess amount ) has been credited to a person's income management account in error, the Secretary may determine, in writing, that:
(a) the person's income management account is to be debited by one or more amounts equal to the excess amount; or
(b) the person must repay to the Commonwealth, as a debt due to the Commonwealth, an amount equal to the excess amount.
Note: Paragraph (b)--for debt recovery, see Chapter 5 of the 1991 Act.
(2) If the Secretary makes a determination under paragraph (1)(a):
(a) the Income Management Record is debited by one or more amounts equal to the excess amount; and
(b) the person's income management account is debited by one or more amounts equal to the excess amount.
(3) A determination made under subsection (1) is not a legislative instrument.
27 At the end of Division 8 of Part 3B
Add:
123ZJA Action purportedly taken under Division 6 as a result of administrative error
Scope
(1) This section applies if:
(a) the Secretary purports to take action under Division 6; and
(b) apart from this section, the action is invalid; and
(c) the action is due to an administrative error.
Relevant excess
(2) If the action purportedly taken results in an amount (an excess amount ) being credited to a person's income management account in error, the Secretary may determine, in writing, that:
(a) the person's income management account is to be debited by one or more amounts equal to the excess amount; or
(b) the person must repay to the Commonwealth, as a debt due to the Commonwealth, an amount equal to the excess amount.
Note: Paragraph (b)--for debt recovery, see Chapter 5 of the 1991 Act.
(3) If the Secretary makes a determination under paragraph (2)(a):
(a) the Income Management Record is debited by one or more amounts equal to the excess amount; and
(b) the person's income management account is debited by one or more amounts equal to the excess amount.
Debt due to the Commonwealth
(4) If the action purportedly taken results in an amount (an excess amount ) being paid to a person in error and the person does not have an income management account, an amount equal to the excess amount is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
(5) If the action purportedly taken results in a voucher being given to a person in error, an amount equal to the face value of the voucher is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
(6) If the action purportedly taken results in a stored value card being given to a person in error, an amount equal to the monetary value of the stored value card is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
(7) Subject to subsection (8), if the action purportedly taken results in a payment being made to the credit of an account held by a person with:
(a) a bank; or
(b) a person specified in a legislative instrument made by the Secretary for the purposes of subparagraph 123YK(2)(a)(ii) or (b)(ii) or 123YL(2)(a)(ii) or (b)(ii);
in error, an amount equal to the amount of the payment is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
(8) If an account mentioned in subsection (7) is held by a person jointly or in common with another person, each account holder is jointly and severally liable for the payment of a debt due to the Commonwealth under that subsection.
(9) If the action purportedly taken results in a payment being made to a person by way of a cheque or cash, and the payment is made in error, an amount equal to the amount of the payment is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
Crediting of amounts
(10) If the action purportedly taken results in an amount (a shortfall amount ) being debited from a person's income management account in error, an amount equal to the shortfall amount must be:
(a) credited to the Income Management Record; and
(b) credited to the person's income management account.
(11) A determination made under subsection (2) is not a legislative instrument.
28 At the end of subsection 123ZN(1)
Add:
; and (i) making a payment to cover an invalid action, as mentioned in subsection 123ZJA(1).
Part 4 -- Consequential amendments
Income Tax Assessment Act 1997
29 Section 11-15 (table item headed "social security or like payments")
|
matched savings scheme (income management) payment under the Social Security Act 1991 ............. |
|
30 Section 11-15 (table item headed "social security or like payments")
Omit:
|
voluntary income management incentive payment under the Social Security Act 1991 .............................. |
|
31 Subsection 52-10(1EA)
Part 5 -- Transitional and savings provisions
32 Voluntary income management incentive payment
Despite the repeal of Part 2.25D of the Social Security Act 1991 by this Schedule, a person may accrue a qualifying incentive payment period and be qualified for a voluntary income management incentive payment under that Part if:
(a) the person's qualifying savings period ends on or before 28 December 2015; and
(b) the requirements of that Part are otherwise satisfied in relation to the person.
33 Matched savings scheme (income management) payment
Despite the repeal of Part 2.25E of the Social Security Act 1991 by this Schedule, a person is qualified for a matched savings scheme (income management) payment under that Part if:
(a) the person's qualifying savings period ends after the day this item commences, but on or before 31 December 2015; and
(b) the requirements of that Part are otherwise satisfied in relation to the person; and
(c) the person makes a claim, in writing, for the payment on or before the later of the following days:
(i) 28 days after the day this item commences;
(ii) 31 December 2015.