SOCIAL SECURITY LEGISLATION AMENDMENT (FAMILY MEASURES) ACT 1995 No. 106, 1995

Commonwealth Numbered Acts

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SOCIAL SECURITY LEGISLATION AMENDMENT (FAMILY MEASURES) ACT 1995 No. 106, 1995 - SCHEDULE 2

                          SCHEDULE 2                       Section 3

AMENDMENT OF THE SOCIAL SECURITY ACT 1991 TO
AMALGAMATE BASIC FAMILY PAYMENT AND ADDITIONAL FAMILY PAYMENT
1. Section 3 (Index of definitions):

   (a)  Omit:
  "AFP child                                      6(1)".


   (b)  Omit:
  "guardian allowance                           23(1)",

substitute:
  "guardian allowance                            6(1)".


   (c)  Insert in the appropriate alphabetical position determined on a
        letter-by-letter basis:
  "large family supplement                       6(1)

  "large family supplement calculation amount    6(1)

  "minimum family payment rate                   6(1)

  "minimum FP child rate                         6(1)

  "minimum standard family payment rate          6(1)

  "multiple birth allowance                      6(1)

  "standard family payment rate                  6(1)".

2. Subsection 6(1) (definitions of AFP child, additional family payment, base
rate and first child MBR):
Omit. Note: The heading to section 6 is altered by omitting "Payments" and
substituting "Payment".
3. Subsection 6(1):
Insert:

"guardian allowance means an amount included in a person's family payment rate
under Module F of the Family Payment Rate Calculator in section 1069. large
family supplement means an amount included in a person's family payment rate
under Module C of the Family Payment Rate Calculator in section 1069. large
family supplement calculation amount means the amount stated in the formula in
point 1069-C4 in Module C of the Family Payment Rate Calculator in section
1069. minimum family payment rate, in relation to a person, means:

   (a)  if no amount of large family supplement or multiple birth allowance is
        included in the person's family payment rate-the minimum standard
        family payment rate; or

   (b)  otherwise-the sum of:

        (i)    the minimum standard family payment rate; and

        (ii)   if an amount of large family supplement is included in the
               person's family payment rate-that large family supplement; and

        (iii)  if an amount of multiple birth allowance is included in the
               person's family payment rate-that multiple birth allowance.
               minimum FP child rate means the amount set out in the formula
               in point 1069- B6 in Module B of the Family Payment Rate
               Calculator in section 1069. minimum standard family payment
               rate has the meaning given by point 1069-B6 in Module B of the
               Family Payment Rate Calculator in section 1069. multiple birth
               allowance means an amount included in a person's family payment
               rate under Module D of the Family Payment Rate Calculator in
               section 1069. standard family payment rate means the amount
               worked out under Table B in point 1069-B2 in Module B of the
               Family Payment Rate Calculator in section 1069.".
4. Subsection 6(2):
Omit "maximum basic rate under Step 7 of the Method statement in Module A of",
substitute "standard family payment rate under Step 1 of the Method statement
in".
5. Subsection 6(3):
Omit.
6. Subsection 20(1) (definition of FP amount):
Omit.
7. Subsection 20(3):
Omit.
8. Subsection 23(1) (definition of guardian allowance):
Omit.
9. Subsection 831(1):
Omit "subsections (2) and (3) and".
10. Subsections 831(2) and (3):
Omit.
11. Paragraph 838(1)(d):
Omit "$550,000", substitute "$376,750".
12. Subsection 838(1) (Note 7):
Omit.
13. After subsection 838(1):
Insert:

"(1A) Paragraph (1)(d) does not apply to a person if a determination under
subsection 1132A(1A), (1B) or (1C) is in force in relation to the person.".
14. Subsection 838(4):
Omit, substitute:

"(4) For the purposes of this section, a person's income for a particular
family payment period is the sum of:

   (a)  the person's taxable income for that period; and

   (b)  the person's adjusted fringe benefits value for that period; and

   (c)  the person's target foreign income for that period; and

   (d)  the person's net rental property loss for that period.".
15. After paragraph 841(c):
Insert:

"(ca) the person's partner is receiving family payment for the same child
(section 847A); or".
16. Subsection 843(1):
After "844" insert ", 844A".
17. After section 847:
Insert:

Family payment not payable to more than one member of a couple

"847A.(1) Subject to this section, if one member of a couple is receiving
family payment in respect of a child, family payment is not payable to the
other member of the couple in respect of the same child.

"(2) If:

   (a)  the Secretary is satisfied that each of the members of a couple is
        qualified for family payment for the same child; and

   (b)  each of them has made a claim for family payment (whether or not one
        of them is receiving family payment); the Secretary is to make a
        declaration:

   (c)  stating that the Secretary is satisfied that each of them is qualified
        for family payment for the child; and

   (d)  naming one of them as the member of the couple to whom family payment
        is payable in respect of the child.

"(3) If such a declaration is made, family payment in respect of the child to
which the declaration relates is not payable to the member of the couple who
is not named in the declaration as mentioned in paragraph (2)(d).

"(4) The Secretary is to give notice of the declaration to each of the members
of the couple involved.

"(5) In making the declaration, the Secretary must have regard to whether one
member of the couple is the primary carer for the child.".
18. After paragraph 848(a):
Insert:

"(aa) the people are not members of the same couple; and". Note: The heading
to section 848 is altered by inserting "who are not members of the same
couple" after "2 people".
19. Paragraph 860(c):
Omit, substitute:

"(c) the Secretary makes a determination in relation to the person under point
1069-H21 in Module H of the Family Payment Rate Calculator in section 1069;
or".
20. Paragraph 860(ca):
Omit the Note appearing after the paragraph.
21. Paragraphs 860(d) and (e):
Omit "taxable".
22. Section 860:
Omit the Note at the end of the section.
23. Section 861:
Omit the Notes.
24. After section 861:
Insert in Division 5 of Part 2.17: Family payment rate not to exceed minimum
family payment rate if Secretary akes hardship determination

"861A. If the Secretary makes a determination in relation to a person under
subsection 1132A(1B) or (1C), the rate of family payment payable to the person
may not exceed the person's minimum family payment rate.".
25. Subparagraph 864A(1)(b)(ii):
Omit, substitute:

"(ii) the person's family payment rate is equal to or greater than the minimum
FP child rate; and".
26. Subsection 864A(1):

   (a)  Omit Notes 2 and 3, substitute:

"Note 2: A person's family payment rate may fall below the person's minimum FP
child rate if the Secretary has declared, under section 869, that 2 people are
to share family payment for a child.".

   (b)  Omit from Note 4 "1069-B2A", substitute "1069-B3".
27. Subsection 864B(1):
Omit, substitute:

"(1) The amount of family payment advance payable to a person is the amount
worked out using the formula:
Number of paydays - Minimum FP child rate
2 where:
Number of paydays means the number of family payment paydays in the person's
family payment advance period. Note: For family payment advance period see
subsections (2) to (5).".
28. Subsection 869(1):
After "2 people" (first occurring) insert "who are not members of the same
couple". Note: The heading to section 869 is altered by inserting "who are not
members of the same couple are" after "2 people".
29. Subsection 869(2):
Omit "point 1069-C1", substitute "point 1069-D2".
30. Paragraph 884(a):
Omit, substitute:

"(a) in working out the rate of family payment payable to a person, regard is
had to the person's income for a tax year; and

   (aa) the income to which regard was had included an amount of taxable
        income assessed by the Commissioner of Taxation; and".
31. Section 885:
Repeal, substitute: Recalculation if income exceeds 110% of estimated amount

"885.(1) If:

   (a)  in working out the rate of family payment payable to a person, regard
        is had to the person's income for a tax year; and

   (b)  the income to which regard was had consisted of an amount estimated by
        the person; and

   (c)  the person's income for that tax year is more than 110% of the amount
        of the income on which the determination of the rate of family payment
        was based; the person's rate of family payment is to be recalculated
        on the basis of that income.

"(2) For the purposes of this section, a person's income for a particular tax
year is the sum of:

   (a)  the person's taxable income for that year; and

   (b)  the person's adjusted fringe benefits value for that year; and

   (c)  the person's target foreign income for that year; and

   (d)  the person's net rental property loss for that year.

"(3) In this section: adjusted fringe benefits value has the same meaning as
in points 1069-H25 and 1069-H26 in Module H of the Family Payment Rate
Calculator in section 1069. Note 1: For taxable income see subsection 23(1).
Note 2: For target foreign income see subsection 10A(2). Note 3: For net
rental property loss see subsection 10A(15).".
32. Paragraph 886(c):
Omit.
33. Paragraph 886(d):
Omit "taxable income for that tax year exceeds 125%", substitute "income for
that year exceeds 110%".
34. Subparagraph 886(d)(i):
Omit "taxable".
35. Section 886 (Notes 3 and 4):
Omit, substitute:

"Note 3: For income free area, see point 1069-H28.

"Note 4: For base tax year, see point 1069-H14.".
36. Paragraph 888(b):
Omit, substitute:

"(b) in working out the rate of family payment, regard is had to the person's
income for a tax year; and

   (ba) the income to which regard was had included an amount of taxable
        income assessed by the Commissioner; and".
37. Paragraph 890(b):
Omit, substitute:

"(b) in working out the rate of family payment, regard is had to the person's
income for a tax year; and

   (ba) the income to which regard was had included an amount of taxable
        income assessed by the Commissioner; and".
38. Paragraph 890(d):
Omit, substitute:

"(d) the income for that year (including the taxable income according to the
assessment as amended) is more than 110% of the amount of the income on which
the determination referred to in paragraph (a) was based; and".
39. Section 891:
Repeal, substitute: Underestimate of income-date of effect of determination

"891. If:

   (a)  the Secretary makes a determination of a person's rate of family
        payment; and

   (b)  in making the determination, the Secretary had regard to the person's
        income for a tax year; and

   (c)  the income to which regard was had included an amount or amounts
        estimated by the person; and

   (d)  the person's income for the tax year is more than 110% of the amount
        of the income on which the determination referred to in paragraph (a)
        was based; and

   (e)  the Secretary makes a determination varying the person's rate of
        family payment, or cancelling the person's family payment, to give
        effect to the recalculation required by section 885; the later
        determination takes effect on the day on which the earlier
        determination took effect.".
40. Subparagraph 892(d)(i):
Omit, substitute:

"(i) the FP child rate per fortnight included in the person's family payment
rate in respect of the child is, or except for a declaration made under
section 869 would be, more than the minimum family payment rate; or".
41. Subparagraph 893(c)(i):
Omit, substitute:

"(i) the FP child rate per fortnight included in the person's family payment
rate in respect of the child is, or except for a declaration made under
section 869 would be, more than the minimum family payment rate; or".
42. Paragraphs 897(a) and (b):
Omit, substitute:

"(a) a person's family payment rate is, or except for a declaration made under
section 869 would be, the minimum family payment rate; and

   (b)  the child in respect of whom the family payment is payable dies; and".

43. Paragraph 898(a):
Omit, substitute:

"(a) a person's family payment rate is, or except for a declaration made under
section 869 would be, the minimum family payment rate; and".
44. Paragraph 1061P(1)(b):
Omit, substitute:

"(b) the rate per fortnight of the family payment that would be payable to the
person if the family payment income test and the assets test did not apply to
the person less the minimum family payment rate; and".
45. Paragraph 1061P(2)(b):
Omit, substitute:

"(b) the rate per fortnight of the family payment that would be payable to the
person if the family payment income test and the assets test did not apply to
the person less the minimum family payment rate; and".
46. Section 1064 (Pension Rate Calculator A, Module D, point 1064-D1):
Omit paragraph (f), substitute:

"(f) either of the following subparagraphs applies:

        (i)    neither the person nor the person's partner has a dependent
               child who is an FP child;

        (ii)   the person is a member of an illness separated couple, a
               respite care couple or a temporarily separated couple and is
               the partner of a person who is receiving family payment in
               respect of a dependent child who is an FP child.".
47. Section 1064 (Pension Rate Calculator A, Module H, point 1064-H2):
Omit "AFP child", substitute "FP child".
48. Section 1064 (Pension Rate Calculator A, Module H, point 1064-H2):
Omit from Note 2 " 'AFP child' ", substitute "FP child".
49. Section 1064 (Pension Rate Calculator A, Module H, point 1064-H4):
Omit "AFP child", substitute "FP child".
50. Section 1064 (Pension Rate Calculator A, Module H, point 1064-H5):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1064-H5 is altered by omitting "AFP child" and substituting
"FP child".
51. Section 1064 (Pension Rate Calculator A, Module H, point 1064-H6):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1064-H6 is altered by omitting "AFP child" (wherever
occurring) and substituting "FP child".
52. Section 1065 (Pension Rate Calculator B, Module E, point 1065-E2):
Omit "AFP child", substitute "FP child".
53. Section 1065 (Pension Rate Calculator B, Module E, point 1065-E2):
Omit from Note 3 " 'AFP child' ", substitute "FP child".
54. Section 1065 (Pension Rate Calculator B, Module E, point 1065-E3):
Omit "AFP child", substitute "FP child".
55. Section 1065 (Pension Rate Calculator B, Module E, point 1065-E4):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1065-E4 is altered by omitting "AFP child" and substituting
"FP child".
56. Section 1065 (Pension Rate Calculator B, Module E, point 1065-E5):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1065-E5 is altered by omitting "AFP child" (wherever
occurring) and substituting "FP child".
57. Section 1066 (Pension Rate Calculator C, Module D, point 1066-D1):
Omit paragraph (e), substitute:

"(e) neither the person nor the person's partner has a dependent child who is
an FP child.".
58. Section 1066 (Pension Rate Calculator C, Module H, point 1066-H2):
Omit "AFP child", substitute "FP child".
59. Section 1066 (Pension Rate Calculator C, Module H, oint 1066-H2):
Omit from Note 2 " 'AFP child' ", substitute "FP child".
60. Section 1066 (Pension Rate Calculator C, Module H, point 1066-H3):
Omit "AFP child", substitute "FP child".
61. Section 1066 (Pension Rate Calculator C, Module H, point 1066-H4):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1066-H4 is altered by omitting "AFP child" and substituting
"FP child".
62. Section 1066 (Pension Rate Calculator C, Module H, point 1066-H5):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1066-H5 is altered by omitting "AFP child" (wherever
occurring) and substituting "FP child".
63. Section 1066A (Pension Rate Calculator D, Module EA, point 1066A-EA2):
Omit paragraph (h), substitute:

"(h) neither the person nor the person's partner has a dependent child who is
an FP child.".
64. Section 1066A (Pension Rate Calculator D, Module EB, point 1066A-EB2):
Omit paragraph (i), substitute:

"(i) neither the person nor the person's partner has a dependent child who is
an FP child.".
65. Section 1066A (Pension Rate Calculator D, Module I, point 1066A-I2):
Omit "AFP child", substitute "FP child".
66. Section 1066A (Pension Rate Calculator D, Module I, point 1066A-I2):
Omit from Note 2 " 'AFP child' ", substitute "FP child".
67. Section 1066A (Pension Rate Calculator D, Module I, point 1066A-I4):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1066A-I4 is altered by omitting "AFP child" and substituting
"FP child".
68. Section 1066A (Pension Rate Calculator D, Module I, point 1066A-I5):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1066A-I5 is altered by omitting "AFP child" (wherever
occurring) and substituting "FP child".
69. Section 1066B (Pension Rate Calculator E, Module F, point 1066B-F2):
Omit "AFP child", substitute "FP child".
70. Section 1066B (Pension Rate Calculator E, Module F, point 1066B-F2):
Omit from Note 3 " 'AFP child' ", substitute "FP child".
71. Section 1066B (Pension Rate Calculator E, Module F, point 1066B-F3):
Omit "AFP child", substitute "FP child".
72. Section 1066B (Pension Rate Calculator E, Module F, point 1066B-F4):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1066B-F4 is altered by omitting "AFP child" and substituting
"FP child".
73. Section 1066B (Pension Rate Calculator E, Module F, point 1066B-F5):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1066B-F5 is altered by omitting "AFP child" (wherever
occurring) and substituting "FP child".
74. Section 1067 (Benefit Rate Calculator A, Module F, point 1067-F1):
Omit paragraph (h), substitute:

"(h) neither the person nor the person's partner has a dependent child who is
an FP child.".
75. Section 1067 (Benefit Rate Calculator A, Module K, point 1067-K3):
Omit "AFP child", substitute "FP child".
76. Section 1067 (Benefit Rate Calculator A, Module K, point 1067-K3):
Omit from Note 3 " 'AFP child' ", substitute "FP child".
77. Section 1067 (Benefit Rate Calculator A, Module K, point 1067-K7):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1067-K7 is altered by omitting "AFP child" and substituting
"FP child".
78. Section 1067 (Benefit Rate Calculator A, Module K, point 1067-K8):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1067-K8 is altered by omitting "AFP child" (wherever
occurring) and substituting "FP child".
79. Section 1067E (Sickness Allowance Rate Calculator, Module D, point
1067E-D1):
Omit paragraph (f), substitute:

"(f) neither the person nor the person's partner has a dependent child who is
an FP child.".
80. Section 1067E (Sickness Allowance Rate Calculator, Module H, point
1067E-H2):
Omit "AFP child", substitute "FP child".
81. Section 1067E (Sickness Allowance Rate Calculator, Module H, point
1067E-H2):
Omit from Note 2 " 'AFP child' ", substitute "FP child".
82. Section 1067E (Sickness Allowance Rate Calculator, Module H, point
1067E-H6):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1067E-H6 is altered by omitting "AFP child" and substituting
"FP child".
83. Section 1067E (Sickness Allowance Rate Calculator, Module H, point
1067E-H7):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1067E-H7 is altered by omitting "AFP child" (wherever
occurring) and substituting "FP child".
84. Section 1068 (Benefit Rate Calculator B, Module F, point 1068-F1):
Omit paragraph (f), substitute:

"(f) neither the person nor the person's partner has a dependent child who is
an FP child.".
85. Section 1068 (Benefit Rate Calculator B, Module J, point 1068-J3):
Omit "AFP child", substitute "FP child".
86. Section 1068 (Benefit Rate Calculator B, Module J, point 1068-J7):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1068-J7 is altered by omitting "AFP child" and substituting
"FP child".
87. Section 1068 (Benefit Rate Calculator B, Module J, point 1068-J8):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1068-J8 is altered by omitting "AFP child" (wherever
occurring) and substituting "FP child".
88. Section 1068A (Parenting Allowance Rate Calculator, Module F, point
1068A-F1):
Omit paragraph (g), substitute:

"(g) neither the person nor the person's partner has a dependent child who is
an FP child.".
89. Section 1068A (Parenting Allowance Rate Calculator, Module G, point
1068A-G3):
Omit "AFP child", substitute "FP child".
90. Section 1068A (Parenting Allowance Rate Calculator, Module G, point
1068A-G7):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1068A-G7 is altered by omitting "AFP child" and substituting
"FP child".
91. Section 1068A (Parenting Allowance Rate Calculator, Module G, point
1068A-G8):
Omit "AFP child" (wherever occurring), substitute "FP child". Note: The
heading to point 1068A-G8 is altered by omitting "AFP child" (wherever
occurring) and substituting "FP child".
92. Paragraph 1111(a):
Omit "family allowance supplement or additional".
93. Subsection 1112(2):
Omit. Note: The heading to section 1112 is amended by omitting "and family
allowance supplement".
94. Paragraph 1127(a):
Omit ", family allowance supplement or additional family payment", substitute
"or family payment".
95. Subsections 1128(2) and (3):
Omit.
96. Subsection 1132A(1):
Omit, substitute:

"(1) If:

   (a)  the application of paragraph 838(1)(d) would disqualify a person for
        family payment; and

   (b)  the person lodges with the Department, in a form approved by the
        Secretary, a request that paragraph 838(1)(d) not apply to the person;
        and

   (c)  the request includes a statement signed by the person estimating the
        person's income for the current financial year; and

   (d)  the Secretary is satisfied that the estimate is reasonable; the
        following provisions of this section have effect.

"(1A) The Secretary may determine that paragraph 838(1)(d) does not apply to
the person if:

   (a)  the value of the person's assets is more than $376,750 and not more
        than $559,250; and

   (b)  the value of the person's liquid assets is less than the liquid assets
        limit; and

   (c)  the amount of the estimated income is less than the threshold amount
        worked out under subsection (2).

"(1B) The Secretary may determine that paragraph 838(1)(d) does not apply to
the person if the value of the person's assets is more than $376,750 and not
more than $559,250 and:

   (a)  the value of the person's liquid assets is equal to or greater than
        the liquid assets limit; or

   (b)  the amount of the estimated income is equal to or more than the
        threshold amount worked out under subsection (2).

"(1C) The Secretary may determine that paragraph 838(1)(d) does not apply to
the person if:

   (a)  the value of the person's assets is more than $559,250; and

   (b)  the value of the person's liquid assets is less than the liquid assets
        limit; and

   (c)  the amount of the estimated income is less than the threshold amount
        worked out under subsection (2). Note: The amounts in subsections
        (1A), (1B) and (1C) are indexed annually (see sections 1191 to 1194).

"(1D) For the purposes of this section, a person's income for a particular
financial year is the sum of:

   (a)  the person's taxable income for that year; and

   (b)  the person's adjusted fringe benefits value for that year; and

   (c)  the person's target foreign income for that year; and

   (d)  the person's net rental property loss for that year.".
97. Subsection 1132A(2):
Omit "(1)", substitute "(1A), (1B) and (1C)".
98. Subsection 1132A(3):
Omit.
99. Subsection 1132A(4):
Omit "taxable" (wherever occurring).

100. Section 1132A:
Add at the end:

"(5) In this section: adjusted fringe benefits value has the same meaning as
in points 1069-H25 and 1069-H26 in Module H in the Family Payment Rate
Calculator in section 1069. liquid assets value limit, in relation to a
person, means:

   (a)  if the person is a member of a couple-$10,000; or

   (b)  if the person is not a member of a couple-$6,000. Note 1: For liquid
        assets see section 19B. Note 2: For taxable income see subsection
        23(1). Note 3: For target foreign income see subsection 10A(2). Note
        4: For net rental property loss see subsection 10A(15).".
101. Section 1132D:
Omit "or 1069-D2(c)".
102. Section 1167:
Omit "Module D of the Family Payment Rate Calculator and".
103. Section 1171:
Omit "Module D of the Family Payment Rate Calculator and".
104. Section 1171 (Note 2):
Omit.
105. Section 1190 (Indexed and Adjusted Amounts Table-item 4):
Omit, substitute:

"4.
Standard family payment rate
FPBR
(Family Payment Rate Calculator-Module B-Table B-all amounts)".
106. Section 1190 (Indexed and Adjusted Amounts Table):
After item 4 insert:

"4AA.
Minimum FP child rate
FP MBR
(Family Payment Rate Calculator-Module B-the amount stated in the formula in
point 1069-B6)".
107. Section 1190 (Indexed and Adjusted Amounts Table-items 5, 6 and 7):
Omit, substitute:

"5.
FP child rate for child under 13 years of age
FP under 13 child rate
(Family Payment Rate Calculator-Module B-Table B-item 1)
6.
FP child rate for child who has reached 13, but is under 16, years of age
FP 13-15 child rate
(Family Payment Rate Calculator-Module B-Table B-item 2)
7.
Guardian allowance
GA
(Family Payment Rate Calculator-Module F-point 1069-F7)
7A.
Large family supplement calculation amount
LFS
(Family Payment Rate Calculator-Module C-the amount stated in the formula in
point 1069-C4)".
108. Section 1190 (Indexed and Adjusted Amounts Table-item 13):
Omit from column 4 "1069-C2", substitute "1069-D3".
109. Section 1190 (Indexed and Adjusted Amounts Table-item 14):
Omit from column 4 "1069-B3", substitute "1069-A2".
110. Section 1190 (Indexed and Adjusted Amounts Table-item 19):
Omit, substitute:

"19.
Rent assistance
FP RA
(Family Payment Rate Calculator-Module E-Table E-columns 3 and 4-all
amounts)".
111. Section 1190 (Indexed and Adjusted Amounts Table-item 19A):
Omit from column 4 "subparagraphs 1069-F1(c)(i), (ii) and (iii)", substitute
"subparagraphs 1069-E2(1)(c)(i), (ii) and (iii)".
112. Section 1190 (Indexed and Adjusted Amounts Table-items 21 and 22):
Omit, substitute:

"21.
Income ceiling for family payment
FP income ceiling
(Family Payment Rate Calculator-Module H-Table H1-columns 1 and 2)
22.
Income free area for family payment
FP basic free area
(Family Payment Rate Calculator-Module H-Table H2-column 1)".
113. Section 1190 (Indexed and Adjusted Amounts Table-item 23A):
Omit from column 4 "point 1069-I7-Table I2", substitute "point 1069-J8- Table
J".
114. Section 1190 (Indexed and Adjusted Amounts Table-item 23B):
Omit from column 4 "point 1069-I7-Table I2", substitute "point 1069-J8- Table
J".
115. Section 1190 (Indexed and Adjusted Amounts Table-item 34A):
Omit from column 4 "(subsection 1132A(3))".
116. Section 1190 (Indexed and Adjusted Amounts Table):
After item 34A insert:

"34B.
Assets value hardship limits for family payment
FP HAVL
(Subsections 1132A(1A), (1B) and (1C)-all amounts)".
117. Section 1190 (Indexed and Adjusted Amounts Table-item 35):
Omit.
118. Section 1191 (CPI Indexation Table-item 4):
Omit from column 2 "family payment MBR", substitute "FPBR".
119. Section 1191 (CPI Indexation Table):
After item 4 insert:

"4A.
FP MBR
1 January
June
highest June quarter before reference quarter (but
                          not earlier than June quarter 1989)     $0.10 ".

120. Section 1191 (CPI Indexation Table): After item 5 insert:

"6.
FP under 13 child rate
1 January
June
highest June quarter before reference quarter
                           (but not earlier than June quarter 1989)   $0.10

6A.
FP 13-15 child rate
1 January
June
highest June quarter before reference quarter
                           (but not earlier than June quarter 1989)   $0.10

6B.
LFS
1 January
June
highest June quarter before reference quarter
(but not earlier than June quarter 1989) $0.10 ".

121. Section 1191 (CPI Indexation Table-item 13):
Omit "AFP MRA", substitute "FP RA".
122. Section 1191 (CPI Indexation Table-item 15):
Omit from column 2 "FP base rate income ceiling", substitute "FP income
ceiling".
123. Section 1191 (CPI Indexation Table-item 16):
Omit from column 2 "AFP basic free area", substitute "FP basic free area".
124. Section 1191 (CPI Indexation Table-item 25):
Omit from column 2 "AFP AVL", substitute "FP HAVL".
125. Subsection 1199(1):
Omit "AFP under 13 child MBR", substitute "FP under 13 child rate".
126. Subsection 1199(1):
Omit from the formula "-FP amount".
127. Subsection 1199(1) (Note 2):
Omit.
128. Subsection 1199(1) (Note 3):
Omit "-FP amount" (wherever occurring).
129. Subsection 1199(2):
Omit "AFP under 13 child MBR", substitute "FP under 13 child rate".
130. Subsection 1199(3):
Omit "AFP 13-15 child MBR", substitute "FP 13-15 child rate".
131. Subsection 1199(3):
Omit from the formula "-FP amount".
132. Subsection 1199(3) (Note 2):
Omit.
133. Subsection 1199(3) (Note 3):
Omit "-FP amount" (wherever occurring).
134. Subsection 1199(4):
Omit "AFP 13-15 child MBR", substitute "FP 13-15 child rate".
135. Subsection 1199(6):
Omit. Note: The heading to section 1199 is altered by omitting "AFP child
MBRs" and substituting "FP child rates".
136. Section 1202:

   (a)  Omit "AFP MRA" (wherever occurring), substitute "FP RA".

   (b)  Omit "AFP children" (wherever occurring), substitute "FP children".
        Note: The heading to section 1202 is altered by omitting "AFP MRA" and
        substituting "FP RA".
137. Section 1210 (International Agreement Portability Rate Calculator- Module
A-point 1210-A1):
Omit Step 5 of the Method statement, substitute:

"Step 5.
If the person's notional agreement pension rate is not nil, work
out the person's notional family payment rate that would be payable
if the person were in Australia. The notional family payment rate
is the amount worked out by adding the standard family payment rate
and the guardian allowance and subtracting the minimum family
payment rate.".
138. Section 1211:

   (a)  Omit ", parenting allowance and additional family payment", substitute
        "and parenting allowance".

   (b)  Omit ", 906(d) and 1069-D2(a)", substitute "and 906(d)".
139. Subparagraph 1223(3)(b)(ii):
Omit "taxable".
140. Subparagraphs 1223(4)(c)(i) and (ii):
Omit "taxable".
141. Subsection 1223(12) (definition of maximum payment rate):
Omit, substitute:

"maximum payment rate means:

   (a)  in relation to family payments made before 1 January 1996-the meaning
        given by subsection 1223(12) as in force immediately before that date;
        and

   (b)  in relation to family payments made on or after that date-the gross
        family payment rate worked out under Step 1 of the Method statement in
        point 1069-A1 in Module A of the Family Payment Rate Calculator in
        section 1069.".
142. Subsection 1237A(6):
Omit, substitute:

"(6) For the purposes of subsection (5):

   (a)  an amount of family payment is the minimum standard family payment
        rate; and

   (b)  an amount of family allowance does not include multiple birth
        allowance.".
143. After paragraph 1250(1)(k):
Insert:

"(l) under the Family Payment Rate Calculator in section 1069 that is made by
a disallowable instrument.".
144. Schedule 1A:
Add at the end:



"PART 3-SAVING AND TRANSITIONAL PROVISIONS APPLICABLE ON
THE CHANGES IN THE PROVISIONS RELATING TO FAMILY PAYMENT Income determinations
(changes made on 1 January 1996)

"80.(1) Sections 884, 885 and 886 as in force immediately before 1 January
1996 continue to apply in relation to payments made in respect of family
payment paydays that occurred before that date.

"(2) Sections 884, 885 and 886 as in force on 1 January 1996 apply in relation
to all payments of family payment made on or after that date. Saving of rights
of service pensioners (changes made on 1 January 1996)

"81. If:

   (a)  a person, or a person's partner, was receiving a service pension at a
        time before 1 January 1996; and

   (b)  the rate of the pension included a dependent child add-on or a
        guardian allowance; and

   (c)  the child to which the dependent child add-on or guardian allowance
        related died before that date; and

   (d)  a payment under Division 10 of Part 2.17 would have been made to the
        person on or after that date if the amendments made by Schedules 2 and
        3 to the
        Social Security Legislation Amendment (Family Measures) Act 1995 had
        not been made; the person is entitled to receive the same payments
        under that Division on and after that date in respect of the death of
        the child as he or she would have been entitled to receive if those
        amendments had not been made.".
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