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SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1993 No. 36, 1993 - SCHEDULE 3
SCHEDULE 3 Section 77
CONSEQUENTIAL, MINOR AND TECHNICAL AMENDMENTS
OF THE SOCIAL SECURITY ACT 1991
PART 1-AMENDMENTS COMMENCING ON ROYAL ASSENT
1. Section 3:
Omit from the Index:
"FAS child 6 (1) FAS period 6 (1)"
"liquid assets 14A liquid assets 19A(1)",substitute:
"liquid assets (social security benefit) 14A(1) liquid assets (family payment
hardship rules) 19B (1)".
2. Paragraph 11(10)(c):
Omit "a", substitute "an".
3. Subsection 14A(1) (definition of "liquid assets"):
(a) After "Subdivision AA" insert "of Division 2".
(b) Add at the end:
"Note 1: The Corporations Law is set out in section 82 of the
Corporations Act 1989 . Note 2: For 'qualifying eligible termination payment'
see subsections 27A(12) to (12D) of the Income Tax Assessment Act.".
4. Subsection 14A(1) (Note to the definition of "maximum reserve"):
Omit the Note.
5. Subsection 42 (2) (Note):
Omit ", family", substitute "and family".
6. Paragraphs 677(1)(i) and (ha):
Omit the paragraphs, substitute:
"(i) the person is subject to an education leavers waiting period and that
period has not ended (see sections 695, 696 and 696A); or
(ia) the person is subject to a newly arrived resident's waiting period and
that period has not ended (see sections 696B and 696C); or".
7. Section 842 (Note):
Omit the Note.
8. Paragraph 952 (b):
Omit the paragraph, substitute:
"(b) because of that disability:
(i) the young person needs care and attention from another person
on a daily basis; and
(ii) the care and attention needed by the young person is
substantially more than that needed by a young person of the
same age who does not have a physical, intellectual or
psychiatric disability; and".
9. Section 1064 (Pension Rate Calculator A-point 1064-A1-Notes):
(a) Omit Note 4.
(b) Renumber Note 5 as Note 4.
(c) Renumber Note 6 as Note 5.
(d) Renumber Note 7 as Note 6.
10. Section 1065 (Pension Rate Calculator B-point 1065-A1-Method
statement-Step 6):
Omit "non income", substitute "non-income".
11. Section 1066 (Pension Rate Calculator C-paragraph 1066-D1 (d)): Add at the
end "; and".
12. Section 1066 (Pension Rate Calculator C-point 1066-D3):
Omit the point, substitute: Annual rent affects rate of rent assistance
"1066-D3. The rate of rent assistance depends on the annual rent paid or
payable by the person.".
13. Section 1066A (Pension Rate Calculator D-paragraph 1066A-EA2 (g)): Add at
the end "; and".
14. Section 1066A (Pension Rate Calculator D-paragraph 1066A-EB2 (h)): Add at
the end "; and".
15. Section 1066A (Pension Rate Calculator D-paragraph 1066A-F7 (e)): Omit
"Scheme; or", substitute "Scheme.".
16. Section 1067 (Benefit Rate Calculator A-point 1067-B1): Renumber the last
Note as Note 8.
17. Section 1067 (Benefit Rate Calculator A-point 1067-C1): Add at the end:
"Note 2: A person's partner may be temporarily absent from Australia for up to
3 months and nevertheless be treated as being in Australia for the purposes of
this point (see point 1067-C5).".
18. Section 1067 (Benefit Rate Calculator A-paragraph 1067-F1 (g)): Add at the
end "; and".
19. Section 1067 (Benefit Rate Calculator A-point 1067-G8): Add at the end:
"Note: The parental means test minimum rate is indexed annually in line with
CPI increases (see sections 1191 to 1194).".
20. Section 1067 (Benefit Rate Calculator A-point 1067-G10): Add at the end:
"Note: The parental assets value limit is indexed annually in line with CPI
increases (see sections 1191 to 1194).".
21. Section 1067 (Benefit Rate Calculator A-point 1067-G11-Note 1): Omit the
Note, substitute:
"Note 1: The parental assets value limit and the parental means test minimum
rate are indexed annually in line with CPI increases (see sections 1191 to
1194).".
22. Section 1067 (Benefit Rate Calculator A-point 1067-G22-Note 1):
Omit the Note, substitute:
"Note 1: The parental means test minimum rate is indexed annually in line with
CPI increases (see sections 1191 to 1194).".
23. Section 1068 (Benefit Rate Calculator B-point 1068-C1): Add at the end:
"Note 2: A person's partner may be temporarily absent from Australia for up to
3 months and nevertheless be treated as being in Australia for the purposes of
this point (see point 1068-C6).".
24. Section 1068 (Benefit Rate Calculator B-paragraph 1068-F1(e)): Add at the
end "; and".
25. Section 1068 (Benefit Rate Calculator B-point 1068-F1): Renumber Note 5 as
Note 2.
26. Section 1190 (Indexed and Adjusted Amounts Table-item 14-column 4):
Omit "subsection".
27. Section 1190 (Indexed and Adjusted Amounts Table-item 22-column 3):
Omit "AFP free area", substitute "AFP basic free area".
28. Subsection 1191(1) (CPI Indexation Table-item 16-column 2):
Omit "AFP free area", substitute "AFP basic free area".
29. Paragraph 1207(1)(a):
Omit "Calculator" (first occurring), substitute "Calculator or".
30. Paragraph 1207 (1)(c):
Omit "Module" (first occurring), substitute "Module or".
31. Subsection 1216B(2) (paragraph (a) of the definition of "allegation
authority"):
Omit the paragraph, substitute:
"(a) the Greek-Australian Welfare Workers' Association of NSW; or".
32. Subsection 1222(1) (Note 1):
Omit:
". section 1224A debts-pension loans scheme;"; substitute:
". section 1224A debts-pension loans scheme;
. section 1224B debts-education entry payment;".
33. Paragraph 1363(2)(d):
(a) Omit "allowance", substitute "payment".
(b) Omit "Allowance", substitute "Assistance".
PART 2-AMENDMENT COMMENCING ON 1 JULY 1991
34. Subsection 896 (2): After "person's family allowance" insert "supplement".
Note: This amendment is effective from 1 July 1991 until 1 January 1993. On 1
January 1993, section 896 of the Social Security Act was repealed by the
Social Security (Family Payment) Amendment Act 1992 .
PART 3-AMENDMENTS COMMENCING ON 12 NOVEMBER 1991,
IMMEDIATELY AFTER THE COMMENCEMENT OF PART 2 OF SCHEDULE 2 TO
THE SOCIAL SECURITY LEGISLATION AMENDMENT ACT (NO. 4) 1991
35. Section 146A:
Omit "132", substitute "133".
36. Section 728M:
Omit "727", substitute "728".
PART 4-AMENDMENT COMMENCING ON 12 NOVEMBER 1991, IMMEDIATELY
AFTER THE COMMENCEMENT OF PART 6 OF SCHEDULE 3 TO THE SOCIAL
SECURITY LEGISLATION AMENDMENT ACT (NO. 2) 1992
37. After section 31: Insert: Approval of sheltered employment-non-profit
organisation
"32. (1) If the Secretary is satisfied that:
(a) a non-profit organisation provides paid employment for disabled
persons at certain premises; and
(b) at least 50% of the persons employed at the premises are disabled
persons; the Secretary may determine that the paid employment provided
at the premises by the organisation is sheltered employment. Note:
'Sheltered employment' is relevant to the definition of 'gainful
employment' in section 19.
"(2) For the purposes of subsection (1), a disabled person is a person:
(a) who is:
(i) permanently incapacitated for work; and
(ii) the degree of the incapacity for work is 85% or more; and
(iii) 50% or more of the incapacity for work is directly caused by a
physical or mental impairment; or
(b) who, in the Secretary's opinion, would satisfy paragraph (a) if the
person were no longer engaged in paid employment. Approval of
sheltered employment-supported employment
"33. (1) If:
(a) the Minister administering the Disability Services Act 1986 has
approved a grant of financial assistance to a non-profit organisation
under subsection 10 (1) of that Act; and
(b) the financial assistance relates to the provision by the organisation
of supported employment services within the meaning of section 7 of
that Act; the Secretary may determine that the paid employment to
which those supported employment services relates is sheltered
employment. Note: 'Sheltered employment' is relevant to the definition
of 'gainful employment' in section 19.
"(2) Subject to subsection (3), a determination under subsection (1) may
relate to employment provided before or after the day of determination.
"(3) A determination under subsection (1) may not relate to employment
provided before 5 June 1987.".
PART 5-AMENDMENT COMMENCING ON 24 DECEMBER 1992, IMMEDIATELY AFTER
THE SOCIAL SECURITY LEGISLATION AMENDMENT ACT (NO. 2) 1992 RECEIVED
THE ROYAL ASSENT
38. Paragraph 688 (8)(c): After "sole", insert "or".
PART 6-AMENDMENTS COMMENCING ON 1 JANUARY 1993
39. Subsections 80 (6), (7) and (8):
Omit the subsections.
40. Section 1068 (Benefit Rate Calculator B-paragraph 1068-B1A(d)):
Omit the paragraph.
41. Subsection 1223A(2):
Omit the subsection.
PART 7-AMENDMENTS COMMENCING ON 1 JANUARY 1993, IMMEDIATELY
AFTER THE COMMENCEMENT OF THE SOCIAL SECURITY (FAMILY PAYMENT)
AMENDMENT ACT 1992
42. Section 1064 (Pension Rate Calculator A-point 1064-D5- Table D):
Omit "Nil".
43. Section 1064 (Pension Rate Calculator A): Add at the end: Special rule
where partner has an AFP child but is not receiving additional allowance for
the AFP child
"1064-H6. If:
(a) a person who is a member of a couple is qualified for an amount by way
of remote area allowance; and
(b) the person's partner has an AFP child; and
(c) the person's partner is not receiving additional allowance for the AFP
child; the child is taken, for the purposes of this Module, to be an
AFP child of the person.".
44. Section 1065 (Pension Rate Calculator B): Add at the end: Special rule
where partner has an AFP child but is not receiving additional allowance for
the AFP child
"1065-E5. If:
(a) a person who is a member of a couple is qualified for an amount by way
of remote area allowance; and
(b) the person's partner has an AFP child; and
(c) the person's partner is not receiving additional allowance for the AFP
child; the child is taken, for the purposes of this Module, to be an
AFP child of the person.".
45. Subsection 1066 (3) (Note 1):
Omit ", maintenance income test (Module F)".
46. Section 1066 (Pension Rate Calculator C-point 1066-A1-Method
statement-Step 4):
Omit "1", substitute "1, 2".
47. Section 1066 (Pension Rate Calculator C): Add at the end: Special rule
where partner has an AFP child but is not receiving additional allowance for
the AFP child
"1066-H5. If:
(a) a person who is a member of a couple is qualified for an amount by way
of remote area allowance; and
(b) the person's partner has an AFP child; and
(c) the person's partner is not receiving additional allowance for the AFP
child; the child is taken, for the purposes of this Module, to be an
AFP child of the person.".
48. Section 1066A (Pension Rate Calculator D): Add at the end: Special rule
where partner has an AFP child but is not receiving additional allowance for
the AFP child
"1066A-I5. If:
(a) a person who is a member of a couple is qualified for an amount by way
of remote area allowance; and
(b) the person's partner has an AFP child; and
(c) the person's partner is not receiving additional allowance for the AFP
child; the child is taken, for the purposes of this Module, to be an
AFP child of the person.".
49. Section 1066B (Pension Rate Calculator E): Add at the end: Special rule
where partner has an AFP child but is not receiving additional allowance for
the AFP child
"1066B-F5. If:
(a) a person who is a member of a couple is qualified for an amount by way
of remote area allowance; and
(b) the person's partner has an AFP child; and
(c) the person's partner is not receiving additional allowance for the AFP
child; the child is taken, for the purposes of this Module, to be an
AFP child of the person.".
50. Section 1067 (Benefit Rate Calculator A-point 1067-K8):
Omit the point, substitute: Special rule where partner has an AFP child but is
not receiving additional allowance for the AFP child
"1067-K8. If:
(a) a person who is a member of a couple is qualified for an amount by way
of remote area allowance; and
(b) the person's partner has an AFP child; and
(c) the person's partner is not receiving additional allowance for the AFP
child; the child is taken, for the purposes of this Module, to be an
AFP child of the person.".
51. Section 1068 (Benefit Rate Calculator B-point 1068-J8):
Omit the point, substitute: Special rule where partner has an AFP child but is
not receiving additional allowance for the AFP child
"1068-J8. If:
(a) a person who is a member of a couple is qualified for an amount by way
of remote area allowance; and
(b) the person's partner has an AFP child; and
(c) the person's partner is not receiving additional allowance for the AFP
child; the child is taken, for the purposes of this Module, to be an
AFP child of the person.".
52. Section 1069 (Family Payment Rate Calculator-point 1069-I7-Table I2):
Omit the Table (but not the Notes), substitute:
" TABLE I2
MAINTENANCE INCOME FREE AREA
column 1 column 2 column 3 column 4 column 5 column 6
item person's basic free basic free additional addidtional
family area per area per free area free area
situation year fortnight per year per
fortnight
1. Not member of couple
$850.20 $32.70 $283.40 $10.90
2. Partnered (both the person and the partner have maintenance
income)
$1,700.40 $65.40 $283.40 $10.90
3.Partnered (only one has maintenance income)
$850.20 $32.70 $283.40 $10.90 ".
53. After subparagraph 1170 (1)(b) (iv):
Insert:
"(iva) carer pension; or".
54. After subparagraph 1177 (1)(b)(iii): Insert:
"(iiia) a carer pension; or".
55. Section 1319: Repeal the section, substitute: Penalty for offences under
this Division
"1319. The penalty for an offence against section 1316, 1316A, 1317 or 1318 is
imprisonment for 2 years. Note: Subsection 4B (2) of the Crimes Act 1914
allows a court to impose an appropriate fine instead of, or in addition to, a
term of imprisonment. If a body corporate is convicted of the offence,
subsection 4B (3) of that Act allows a court to impose a fine of an amount
that is not greater than 5 times the maximum fine that could be imposed by the
court on an individual convicted of the same offence.".
PART 8-AMENDMENT COMMENCING ON 1 JANUARY 1993, IMMEDIATELY
AFTER THE COMMENCEMENT OF SECTION 59 OF THE SOCIAL SECURITY
LEGISLATION AMENDMENT ACT (No. 2) 1992
56. Subsection 19A(6): Omit the formula, substitute: "
week days in
pharmaceutical number of + short period
allowance rate x whole fortnights 10 ".
PART 9-AMENDMENT COMMENCING ON 1 JANUARY 1993, IMMEDIATELY AFTER
THE COMMENCEMENT OF DIVISION 23 OF PART 2 OF THE SOCIAL SECURITY
LEGISLATION AMENDMENT ACT (N0. 3) 1992
57. Section 1068 (Pension Rate Calculator B-points 1068-B2 and 1068-B1A):
Omit the points, substitute: Certain children who are not young persons are to
be treated as dependent children
"1068-B1A. If:
(a) a person is not a member of a couple; and
(b) the person has at least one natural or adopted child who has turned 16
but has not turned 18; and
(c) a social security benefit is payable to the child; and
(d) the child is substantially dependent on the person; the person's
maximum basic rate is worked out as if the person had a dependent
child. Certain dependent children to be disregarded
"1068-B2. For the purposes of items 1, 2, 3, 4 and 5 of Table B in point
1068-B1, if:
(a) a person has a dependent child; and
(b) the child has turned 18; and
(c) the child is a prescribed student child; the child is to be
disregarded in working out the person's maximum basic rate under that
point. Note: For 'prescribed student child' see section 5.".
PART 10-AMENDMENTS COMMENCING ON 28 JANUARY 1993
58. Section 1067 (Benefit Rate Calculator A-point 1067-B1- Table B-item
2-column 2):
Omit "and" from paragraphs (a) and (b), substitute "or".
59. Section 1067 (Benefit Rate Calculator A-paragraph 1067-C3 (a)):
Omit "$251.50", substitute "$260.30".
60. Section 1067 (Benefit Rate Calculator A-paragraph 1067-C3 (b)):
Omit "$301.60", substitute "$312.10".
61. Section 1068 (Benefit Rate Calculator B-point 1068-B1-Table
B-item 1-column 3B):
Omit "$237.00", substitute "$156.10".
62. Section 1068 (Benefit Rate Calculator B-point 1068-B1-Table B-item
2-column 3B):
Omit "$156.10", substitute "$237.00".
63. Section 1068 (Benefit Rate Calculator B-paragraph 1068-C4(a)):
Omit "$251.50", substitute "$260.30".
64. Section 1068 (Benefit Rate Calculator B-paragraph 1068-C4(c)):
Omit "$301.60", substitute "$312.10".
PART 11-AMENDMENTS COMMENCING ON 20 MARCH 1993, IMMEDIATELY AFTER
THE COMMENCEMENT OF DIVISION 8 OF PART 2 OF THE SOCIAL SECURITY
LEGISLATION AMENDMENT ACT (No. 3) 1992
65. Section 1066A(Pension Rate Calculator D-point 1066A-B1-Table B-item
2-column 2-subparagraph (b) iii)):
Omit "is not".
66. Section 1066B (Pension Rate Calculator E-point 1066B-B1-Table B-item
2-column 2-subparagraph (b)(iii)):
Omit "is not".
67. Section 1067 (Benefit Rate Calculator A-after point 1067-F13): Insert:
Rate B increase-20 March 1993
"1067-F13A. Immediately after the indexation of the rates in column 4 of Table
F in point 1067-F13 on 20 March 1993:
(a) the rate in column 4 for item 3 is increased by $8.00; and
(b) the rate in column 4 for item 4 is increased by $4.00. Note: For
indexation of the column 4 amounts see sections 1191 to 1194.".
68. Section 1068 (Benefit Rate Calculator B-after point 1068-F15): Insert:
Rate B increase-20 March 1993 "1068-F15A. Immediately after the indexation of
the rates in column 4 of Table F in point 1068-F15 on 20 March 1993:
(a) the rate in column 4 for item 1 is increased by $4.00; and
(b) the rate in column 4 for item 4 is increased by $8.00; and
(c) the rate in column 4 for item 5 is increased by $4.00. Note: For
indexation of the column 4 rates see sections 1191 to 1194.".
PART 12-AMENDMENTS COMMENCING ON 25 MARCH 1993
69. Subsection 9(1):
Omit:
" 'investment product' means a class of market-linked investments specified in
a notice under subsection (2);".
70. Subsections 9(2), (2A) and (6):
Omit the subsections.
71. Subsection 1073 (1) (Table-item 1-column 3):
Omit "1074F", substitute "1074G".
72. Subsection 1073 (1) (Table-item 4):
Omit the item.
PART 13-AMENDMENTS COMMENCING ON 1 APRIL 1993
73. Section 1190 (Indexed and Adjusted Amounts Table-items 36, 37, 38 and 39):
Omit the items.
74. Subsection 1191(CPI Indexation Table-items 26 and 27):
Omit the items.
75. Section 1206: Repeal the section.
PART 14-AMENDMENTS COMMENCING ON 1 JULY 1993
76. Paragraph 198 (1A)(b):
Omit the paragraph, substitute:
"(b) the person would be receiving a social security or service pension if the
person had been an Australian resident for a long enough period.".
77. Subsection 198 (2A):
Omit "(c)", substitute "(e)".
78. Subsection 225(2):
Omit "or 228", substitute ", 228 or 228AA".
79. After section 228: Insert: Automatic rate reduction-failure to inform
Department of payment for remunerative work where earnings credit account
balance available
"228AA. If:
(a) a person who is receiving a carer pension is given a notice under
section 222; and
(b) the notice requires the person to inform the Department of income for
remunerative work undertaken by the person; and
(c) the person fails to notify the Department of income of that kind in
accordance with the notice; and
(d) the person has an earnings credit account balance for the purposes of
Division 4 of Part 3.10; the pension becomes payable to the person at
the reduced rate from the first pension payday after the day on which
the person's earnings credit account balance is reduced to nil.".
PART 15-AMENDMENT COMMENCING ON 20 SEPTEMBER 1993
80. Subsection 1073 (1) (Table-item 1-column 2): After "investments" insert
"and listed securities".
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