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This is a Bill, not an Act. For current law, see the Acts databases.
SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security and Other Legislation
Amendment Bill 2011
No. , 2011
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend the law relating to social
security, veterans' entitlements and disability
services, and for related purposes
i Social Security and Other Legislation Amendment Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Bereavement allowance
3
Social Security Act 1991
3
Schedule 2--Special benefit
4
Social Security Act 1991
4
Schedule 3--Impairment Tables for disability support pension
5
Social Security Act 1991
5
Schedule 4--Disability advocacy services
9
Disability Services Act 1986
9
Schedule 5--Asset-test exempt income streams
18
Part 1--Amendments
18
Social Security Act 1991
18
Veterans' Entitlements Act 1986
20
Part 2--Application and transitional provisions
23
Schedule 6--Termination payments
24
Social Security Act 1991
24
Social Security and Other Legislation Amendment Bill 2011 No. , 2011 1
A Bill for an Act to amend the law relating to social
1
security, veterans' entitlements and disability
2
services, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Social Security and Other Legislation
6
Amendment Act 2011.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Social Security and Other Legislation Amendment Bill 2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1, 2
and 3
1 January 2012.
1 January 2012
3. Schedules 4, 5
and 6
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 Schedule(s)
7
Each Act 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
12
Bereavement allowance Schedule 1
Social Security and Other Legislation Amendment Bill 2011 No. , 2011 3
Schedule 1--Bereavement allowance
1
2
Social Security Act 1991
3
1 Paragraph 315(1)(c)
4
Repeal the paragraph.
5
2 Application
6
The amendment made by this Schedule applies in relation to deaths
7
occurring on or after the commencement of this Schedule.
8
9
Schedule 2 Special benefit
4 Social Security and Other Legislation Amendment Bill 2011 No. , 2011
Schedule 2--Special benefit
1
2
Social Security Act 1991
3
1 At the end of section 739A
4
Add:
5
(8) Paragraphs 3(1)(e) and (g) of the Social Security Legislation
6
Amendment (Newly Arrived Resident's Waiting Periods and Other
7
Measures) Act 1997, so far as they relate to this section, do not
8
apply to a person if:
9
(a) on or after 1 January 2012, the person makes a claim for
10
special benefit; and
11
(b) subparagraph 729(2)(f)(v) of this Act applies in relation to
12
the person; and
13
(c) the visa the person holds is in a class of visas determined by
14
the Minister, by legislative instrument, for the purposes of
15
this paragraph.
16
17
Impairment Tables for disability support pension Schedule 3
Social Security and Other Legislation Amendment Bill 2011 No. , 2011 5
Schedule 3--Impairment Tables for disability
1
support pension
2
3
Social Security Act 1991
4
1 Subsection 23(1) (definition of Impairment Tables)
5
Repeal the definition, substitute:
6
Impairment Tables means the tables determined by an instrument
7
under subsection 26(1).
8
2 After section 25
9
Insert:
10
26 Impairment Tables and rules for applying them
11
Impairment Tables
12
(1) The Minister may, by legislative instrument, determine tables
13
relating to the assessment of work-related impairment for disability
14
support pension.
15
(2) An instrument under subsection (1) may contain such ancillary or
16
incidental provisions relating to those tables as the Minister
17
considers appropriate.
18
Rules for applying Impairment Tables
19
(3) The Minister may, in an instrument under subsection (1),
20
determine rules that are to be complied with in applying the tables
21
referred to in subsection (1) and the provisions referred to in
22
subsection (2).
23
(4) An instrument under subsection (1) may contain such ancillary or
24
incidental provisions relating to those rules as the Minister
25
considers appropriate.
26
Schedule 3 Impairment Tables for disability support pension
6 Social Security and Other Legislation Amendment Bill 2011 No. , 2011
27 Application of Impairment Tables
1
Claims for disability support pension
2
(1) If a person makes a claim, or is taken to have made a claim, for
3
disability support pension, the Secretary, in determining the claim,
4
must apply the instrument in force under section 26 on the day the
5
claim was made or taken to have been made.
6
Note:
Sections 12, 13 and 15 of the Administration Act and clause 4 of
7
Schedule 2 to that Act deal with claims for disability support pension
8
that are taken to have been made.
9
(2)
If:
10
(a) the Secretary makes a decision (the original decision)
11
relating to a claim referred to in subsection (1); and
12
(b) the Secretary, the SSAT or the AAT is reviewing the original
13
decision or a later decision arising out of the original
14
decision;
15
the Secretary, the SSAT or the AAT, in making a decision on the
16
review, must apply the instrument in force under section 26 on the
17
day the claim was made or taken to have been made.
18
Note:
The effect of this subsection is that any change to the instrument under
19
section 26 from the making of the claim to the making of a decision
20
on the review must be disregarded.
21
Review of qualification for disability support pension
22
(3)
If:
23
(a) a person is receiving disability support pension; and
24
(b) the Secretary gives the person a notice (the assessment
25
notice) under subsection 63(2) or (4) of the Administration
26
Act in relation to assessing the person's qualification for that
27
pension;
28
the Secretary, in assessing the person's qualification for that
29
pension, must apply the instrument in force under section 26 of this
30
Act on the day the assessment notice was given.
31
(4)
If:
32
(a) after assessing the person's qualification for that pension, the
33
Secretary makes a determination under section 80 of the
34
Administration Act in relation to that pension; and
35
Impairment Tables for disability support pension Schedule 3
Social Security and Other Legislation Amendment Bill 2011 No. , 2011 7
(b) the Secretary, the SSAT or the AAT is reviewing that
1
determination or a later decision arising out of that
2
determination;
3
the Secretary, the SSAT or the AAT, in making a decision on the
4
review, must apply the instrument in force under section 26 of this
5
Act on the day the assessment notice was given.
6
Note:
The effect of this subsection is that any change to the instrument under
7
section 26 from the giving of the assessment notice to the making of a
8
decision on the review must be disregarded.
9
3 Subsection 94(1) (note 2)
10
Repeal the note, substitute:
11
Note 2:
For Impairment Tables see subsection 23(1) and sections 26 and 27.
12
4 Schedule 1B
13
Repeal the Schedule.
14
5 Application
15
(1)
The amendments made by items 1, 2 (so far as it inserts section 26 of
16
the Social Security Act 1991) and 4 apply for the purposes of working
17
out a person's qualification for disability support pension in respect of
18
days occurring on or after 1 January 2012.
19
(2) However,
if:
20
(a) a claim for disability support pension is made, or is taken to
21
have been made, by a person before 1 January 2012; and
22
(b) the Secretary has not determined the claim before 1 January
23
2012;
24
those amendments do not apply in relation to working out the person's
25
qualification for disability support pension in respect of days occurring
26
on or before the day on which the Secretary determines the claim.
27
(3)
Subsections 27(1) and (2) of the Social Security Act 1991, as inserted by
28
this Schedule, apply in relation to claims for disability support pension
29
made, or taken to have been made, on or after the commencement of
30
this item.
31
(4)
Subsections 27(3) and (4) of the Social Security Act 1991, as inserted by
32
this Schedule, apply in relation to a person receiving disability support
33
pension on or after the commencement of this item (whether the person
34
started to receive that pension before, on or after that commencement).
35
Schedule 3 Impairment Tables for disability support pension
8 Social Security and Other Legislation Amendment Bill 2011 No. , 2011
Note:
Sections 12, 13 and 15 of the Administration Act and clause 4 of Schedule 2 to that Act
1
deal with claims for disability support pension that are taken to have been made.
2
3
Disability advocacy services Schedule 4
Social Security and Other Legislation Amendment Bill 2011 No. , 2011 9
Schedule 4--Disability advocacy services
1
2
Disability Services Act 1986
3
1 After paragraph 5A(1)(b)
4
Insert:
5
(ba) disability advocacy standards to be observed in the provision
6
of an advocacy service referred to in that Part; and
7
2 Subsection 5A(2)
8
After "paragraph (1)(b)", insert ", disability advocacy standards under
9
paragraph (1)(ba)".
10
3 Section 6A (definition of certificate of compliance)
11
After "section 6D", insert ", 6DA".
12
4 Section 6A (after subparagraph (a)(i) of the definition of
13
certifying functions)
14
Insert:
15
(ia) whether an advocacy service meets the disability
16
advocacy standards; and
17
5 Section 6A (paragraph (b) of the definition of certifying
18
functions)
19
After "employment services", insert "or advocacy services".
20
Note:
The heading to section 6D is altered by omitting "States or eligible organisations" and
21
substituting "providers of employment services".
22
6 After section 6D
23
Insert:
24
6DA Accredited certification body may give certificates of
25
compliance to providers of advocacy services
26
(1)
If:
27
(a) an accredited certification body is requested by a State or
28
eligible organisation to give the State or organisation a
29
Schedule 4 Disability advocacy services
10 Social Security and Other Legislation Amendment Bill 2011 No. , 2011
certificate under this section in respect of an advocacy
1
service provided by the State or organisation; and
2
(b) the accredited certification body is satisfied that the service
3
meets the disability advocacy standards;
4
the accredited certification body must give to the State or
5
organisation a certificate (a certificate of compliance) stating that
6
the service meets those standards.
7
Revocation of certificate
8
(2)
If:
9
(a) an accredited certification body has given a certificate of
10
compliance to a State or eligible organisation in respect of an
11
advocacy service; and
12
(b) the accredited certification body ceases to be satisfied that the
13
service meets the disability advocacy standards;
14
the accredited certification body must, by written notice given to
15
the State or organisation, revoke the certificate.
16
Notification to Secretary
17
(3)
If:
18
(a) an accredited certification body gives a certificate of
19
compliance to a State or eligible organisation; or
20
(b) an accredited certification body revokes a certificate of
21
compliance;
22
the accredited certification body must, as soon as practicable,
23
notify the Secretary in writing of the giving or revocation of the
24
certificate and of its reasons for giving or revoking the certificate.
25
Period certificate of compliance is in force
26
(4) A certificate of compliance continues in force until:
27
(a) it is revoked; or
28
(b) if the accredited certification body that gave the certificate
29
ceases to be accredited--the end of the period of 3 months
30
after the cessation;
31
whichever occurs first.
32
Disability advocacy services Schedule 4
Social Security and Other Legislation Amendment Bill 2011 No. , 2011 11
Certificates are not legislative instruments
1
(5) A certificate under subsection (1) is not a legislative instrument.
2
7 Section 7
3
Insert:
4
advocacy service means:
5
(a) a service that seeks to support persons with disabilities to
6
exercise their rights and freedoms, being rights and freedoms
7
recognised or declared by the Disabilities Convention,
8
through:
9
(i) one-to-one support; or
10
(ii) supporting them to advocate for themselves, whether
11
individually, through a third party or on a group basis;
12
or
13
(b) a service that seeks to introduce and influence long-term
14
changes to ensure that the rights and freedoms of persons
15
with disabilities, being rights and freedoms recognised or
16
declared by the Disabilities Convention, are attained and
17
upheld so as to positively affect the quality of their lives; or
18
(c) a service included in a class of services approved by the
19
Minister under section 9B.
20
8 Section 7 (definition of advocacy services)
21
Repeal the definition.
22
9 Section 7
23
Insert:
24
Disabilities Convention means the Convention on the Rights of
25
Persons with Disabilities done at New York on 13 December 2006.
26
Note:
The text of the Convention is set out in Australian Treaty Series 2008
27
No. 12 ([2008] ATS 12). In 2011, the text of a Convention in the
28
Australian Treaty Series was accessible through the Australian
29
Treaties Library on the AustLII website (www.austlii.edu.au).
30
10 Section 7
31
Insert:
32
Schedule 4 Disability advocacy services
12 Social Security and Other Legislation Amendment Bill 2011 No. , 2011
disability advocacy standards means the standards determined by
1
the Minister under paragraph 5A(1)(ba) in relation to the provision
2
of an advocacy service.
3
11 Section 7 (paragraph (b) of the definition of eligible
4
service)
5
Repeal the paragraph.
6
12 At the end of Division 1 of Part II
7
Add:
8
9B Approval of additional advocacy services
9
The Minister may, by legislative instrument, approve a class of
10
services for the purposes of paragraph (c) of the definition of
11
advocacy service in section 7 if the Minister is satisfied that the
12
provision of a service included in that class of services would:
13
(a) further the objects of this Act set out in section 3 and the
14
principles and objectives formulated under section 5; and
15
(b) further the implementation of the Disabilities Convention.
16
13 Subsection 12AE(4)
17
Omit "Part", substitute "Division".
18
14 After Division 2A of Part II
19
Insert:
20
Division 3--Grants for advocacy services
21
13 Financial assistance for advocacy services
22
(1) The Minister may approve:
23
(a) the making of a grant of financial assistance to a State in
24
relation to the provision by the State of an advocacy service
25
for persons included in the target group; or
26
(b) the making of a grant of financial assistance to an eligible
27
organisation in relation to the provision by the organisation
28
of an advocacy service for persons included in the target
29
group.
30
Disability advocacy services Schedule 4
Social Security and Other Legislation Amendment Bill 2011 No. , 2011 13
(2) However, the Minister must not approve the making of a grant
1
under subsection (1) unless:
2
(a) the Minister is satisfied that the making of the grant would:
3
(i) further the objects of this Act set out in section 3 and the
4
principles and objectives formulated under section 5;
5
and
6
(ii) comply with the guidelines formulated under section 5
7
that are applicable to the making of grants under
8
subsection (1); and
9
(b) either of the following applies:
10
(i) the State or organisation holds a current certificate of
11
compliance in respect of the advocacy service;
12
(ii) the Minister has, under this section, specified a day by
13
which the State or organisation must obtain a certificate
14
of compliance in respect of the advocacy service and the
15
State or organisation has given a written notice to the
16
Minister stating its intention to seek to obtain such a
17
certificate on or before that day.
18
Ministerial determinations
19
(3) The Minister may make a determination specifying a day for the
20
purposes of subparagraph (2)(b)(ii). The day cannot be later than
21
18 months after the day on which the determination is made.
22
(4) If subparagraph (2)(b)(ii) applies in respect of a grant, the Minister
23
may vary the determination under subsection (3) to specify a later
24
day. The later day cannot be later than 18 months after the day on
25
which the grant is approved.
26
Statutory conditions
27
(5) A grant of financial assistance under this section to a State or
28
eligible organisation in relation to the provision of an advocacy
29
service is subject to the condition that the State or organisation
30
holds a current certificate of compliance in respect of the service:
31
(a) if subparagraph (2)(b)(i) applies in respect of the grant--at
32
all times during the period to which the grant relates; or
33
(b) if subparagraph (2)(b)(ii) applies in respect of the grant--at
34
all times on and after:
35
Schedule 4 Disability advocacy services
14 Social Security and Other Legislation Amendment Bill 2011 No. , 2011
(i) the day specified in relation to the service under
1
whichever of subsections (3) and (4) applies; or
2
(ii) the day on which the State or organisation receives a
3
certificate of compliance in respect of the service;
4
whichever is the earlier, and before the end of the period to
5
which the grant relates.
6
Note:
See section 14 for other conditions.
7
Approvals and determinations are not legislative instruments
8
(6) The following are not legislative instruments:
9
(a) an approval under subsection (1);
10
(b) a determination under subsection (3).
11
14 Ancillary provisions relating to grants in respect of advocacy
12
services
13
(1) Without limiting subsection 13(1), the Minister may, under that
14
subsection, approve the making of a grant of financial assistance,
15
in relation to the provision of an advocacy service, about any of the
16
following:
17
(a) recurrent expenditure incurred or to be incurred;
18
(b) the cost of acquiring land (with or without buildings);
19
(c) the cost of acquiring, erecting, altering or extending
20
buildings;
21
(d) the cost of acquiring, altering or installing equipment.
22
(2) If the Minister approves the making of a grant of financial
23
assistance under subsection 13(1), the Minister must, subject to
24
subsection (4) of this section and to the regulations:
25
(a) determine the amount of the financial assistance or the
26
manner in which the amount of the financial assistance is to
27
be worked out; and
28
(b) determine the time or times at which, and the instalments (if
29
any) in which, the financial assistance is to be paid; and
30
(c) determine any other terms and conditions on which the
31
financial assistance is granted.
32
Disability advocacy services Schedule 4
Social Security and Other Legislation Amendment Bill 2011 No. , 2011 15
Examples of conditions
1
(3) Without limiting paragraph (2)(c), the terms and conditions that
2
may be determined include terms and conditions about any of the
3
following:
4
(a) the purposes for which the financial assistance may be
5
applied;
6
(b) the amounts to be applied by the State or organisation for
7
those purposes or any other purpose, and the source of
8
amounts to be so applied;
9
(c) the outcomes to be achieved by persons included in the target
10
group by the provision of the advocacy service, and the rights
11
of those persons in relation to the provision of the advocacy
12
service or otherwise;
13
(d) the provision of information;
14
(e) the provision of certificates with respect to the fulfilment of
15
terms and conditions;
16
(f) the repayment of financial assistance;
17
(g) the giving of security for the fulfilment of terms and
18
conditions;
19
(h) the use and disposal of, and the recovery of amounts that
20
under the terms and conditions are to be taken as representing
21
the Commonwealth's interest in:
22
(i) land acquired (with or without buildings); and
23
(ii) buildings acquired, erected, altered or extended; and
24
(iii) equipment acquired, altered or installed;
25
as a result of the application of the financial assistance or of
26
the financial assistance and other money.
27
Instalment payments
28
(4) If a grant of financial assistance under this Division is to be paid in
29
instalments, the instalments must be paid within 5 years after the
30
approval of the making of the grant.
31
Determinations are not legislative instruments
32
(5) A determination under subsection (2) is not a legislative
33
instrument.
34
15 Subsections 14GA(1) and (2)
35
Schedule 4 Disability advocacy services
16 Social Security and Other Legislation Amendment Bill 2011 No. , 2011
Repeal the subsections, substitute:
1
(1) This section applies if:
2
(a) an eligible organisation is receiving a grant of financial
3
assistance in relation to the provision of an employment
4
service or an advocacy service; and
5
(b) the organisation is in breach of the condition of the grant
6
referred to in subsection 12AD(5) or 13(5), as the case
7
requires.
8
(2) The Minister may make a declaration:
9
(a) stating that the organisation is in breach of that condition of
10
the grant; and
11
(b) specifying the actions that will be taken as a result of that
12
breach.
13
Note:
The heading to section 14GA is altered by omitting "Declaration" and substituting
14
"Consequences".
15
16 Paragraph 14GA(3)(a)
16
Omit "the failure to comply with the condition specified under
17
paragraph (2)(a)", substitute "a breach of the condition referred to in
18
subsection 12AD(5) or 13(5), as the case requires".
19
17 At the end of section 14GA
20
Add:
21
(6) A declaration made under subsection (2) is not a legislative
22
instrument.
23
18 Paragraph 14J(1)(a)
24
Omit "or an employment service", substitute ", an employment service
25
or an advocacy service".
26
19 Subsection 14K(1)
27
Omit "(1)".
28
Note:
The heading to section 14K is altered by omitting "Division 2, or Subdivision A of
29
Division 2A, of".
30
20 Subsection 14K(1)
31
Omit "or an employment service", substitute ", an employment service
32
or an advocacy service".
33
Disability advocacy services Schedule 4
Social Security and Other Legislation Amendment Bill 2011 No. , 2011 17
21 Subsection 14K(2)
1
Repeal the subsection.
2
22 Paragraph 15(4)(a)
3
Omit "or an employment service", substitute ", an employment service
4
or an advocacy service".
5
23 After paragraph 33(1)(ca)
6
Insert:
7
(caa) the power to give approvals under section 9B; and
8
24 Saving--accreditations
9
The amendments made by items 4 and 5 do not affect the validity of an
10
approval in force under section 6B, or an accreditation in force under
11
section 6C, of the Disability Services Act 1986 immediately before the
12
commencement of those items.
13
25 Saving--existing grants in respect of advocacy services
14
Despite the amendments and repeals made by this Schedule, the
15
Disability Services Act 1986, as in force immediately before the
16
commencement of this Schedule, continues to apply on and after that
17
commencement in relation to grants of financial assistance approved
18
before that commencement in respect of advocacy services.
19
26 Saving--existing declarations of failure to hold certificate
20
A declaration made under subsection 14GA(2) of the Disability
21
Services Act 1986 before the commencement of this item has effect, on
22
and after that commencement, as if it had been made under subsection
23
14GA(2) of that Act as amended by this Act.
24
25
Schedule 5 Asset-test exempt income streams
Part 1 Amendments
18 Social Security and Other Legislation Amendment Bill 2011 No. , 2011
Schedule 5--Asset-test exempt income
1
streams
2
Part 1--Amendments
3
Social Security Act 1991
4
1 Paragraph 9A(1)(b)
5
Omit "and (1C)", substitute ", (1C) and (1D)".
6
2 Paragraph 9A(1)(b)
7
Omit "in the actuary's opinion", substitute "the actuary is of the opinion
8
that, for the financial year in which the certificate is given,".
9
3 At the end of subsection 9A(1)
10
Add:
11
Note: For
paragraph
(b),
financial year means a period of 12 months
12
commencing on 1 July: see the Acts Interpretation Act 1901.
13
4 Subsection 9A(1C)
14
Repeal the subsection, substitute:
15
Exception to paragraph (1)(b)
16
(1C) If, on 30 June in a financial year, an actuarial certificate referred to
17
in paragraph (1)(b) is in force in relation to an income stream, then
18
paragraph (1)(b) does not apply in relation to the next financial
19
year (the later year) for the period:
20
(a) beginning on 1 July of the later year; and
21
(b) ending at the earlier of the following:
22
(i) the start of the first day in the later year on which any
23
actuarial certificate is given to the Secretary in relation
24
to that income stream;
25
(ii) the end of the period of 26 weeks beginning on 1 July of
26
the later year.
27
5 After subsection 9A(1C)
28
Insert:
29
Asset-test exempt income streams Schedule 5
Amendments Part 1
Social Security and Other Legislation Amendment Bill 2011 No. , 2011 19
One certificate a financial year
1
(1D) For the purposes of paragraph (1)(b), if an actuarial certificate is
2
given to the Secretary in a financial year in relation to an income
3
stream, then any actuarial certificate given to the Secretary later in
4
that financial year in relation to that income stream has no effect.
5
6 Paragraph 9B(1A)(b)
6
Omit "subsection (1C)", substitute "subsections (1C), (1D) and (1E)".
7
7 Paragraph 9B(1A)(b)
8
Omit "in the actuary's opinion", substitute "the actuary is of the opinion
9
that, for the financial year in which the certificate is given,".
10
8 At the end of subsection 9B(1A)
11
Add:
12
Note: For
paragraph
(b),
financial year means a period of 12 months
13
commencing on 1 July: see the Acts Interpretation Act 1901.
14
9 Subsection 9B(1C)
15
Repeal the subsection, substitute:
16
Exception to paragraph (1A)(b)
17
(1C) If, on 30 June in a financial year, an actuarial certificate referred to
18
in paragraph (1A)(b) is in force in relation to an income stream,
19
then paragraph (1A)(b) does not apply in relation to the next
20
financial year (the later year) for the period:
21
(a) beginning on 1 July of the later year; and
22
(b) ending at the earlier of the following:
23
(i) the start of the first day in the later year on which any
24
actuarial certificate is given to the Secretary in relation
25
to that income stream;
26
(ii) the end of the period of 26 weeks beginning on 1 July of
27
the later year.
28
Note:
The following heading to subsection 9B(1D) is inserted "Guidelines relating to
29
actuarial certificates".
30
10 After subsection 9B(1D)
31
Insert:
32
Schedule 5 Asset-test exempt income streams
Part 1 Amendments
20 Social Security and Other Legislation Amendment Bill 2011 No. , 2011
One certificate a financial year
1
(1E) For the purposes of paragraph (1A)(b), if an actuarial certificate is
2
given to the Secretary in a financial year in relation to an income
3
stream, then any actuarial certificate given to the Secretary later in
4
that financial year in relation to that income stream has no effect.
5
Veterans' Entitlements Act 1986
6
11 Paragraph 5JA(1)(b)
7
Omit "and (1C)", substitute ", (1C) and (1D)".
8
12 Paragraph 5JA(1)(b)
9
Omit "in the actuary's opinion", substitute "the actuary is of the opinion
10
that, for the financial year in which the certificate is given,".
11
13 At the end of subsection 5JA(1)
12
Add:
13
Note: For
paragraph
(b),
financial year means a period of 12 months
14
commencing on 1 July: see the Acts Interpretation Act 1901.
15
14 Subsection 5JA(1C)
16
Repeal the subsection, substitute:
17
Exception to paragraph (1)(b)
18
(1C) If, on 30 June in a financial year, an actuarial certificate referred to
19
in paragraph (1)(b) is in force in relation to an income stream, then
20
paragraph (1)(b) does not apply in relation to the next financial
21
year (the later year) for the period:
22
(a) beginning on 1 July of the later year; and
23
(b) ending at the earlier of the following:
24
(i) the start of the first day in the later year on which any
25
actuarial certificate is given to the Commission in
26
relation to that income stream;
27
(ii) the end of the period of 26 weeks beginning on 1 July of
28
the later year.
29
15 After subsection 5JA(1C)
30
Insert:
31
Asset-test exempt income streams Schedule 5
Amendments Part 1
Social Security and Other Legislation Amendment Bill 2011 No. , 2011 21
One certificate a financial year
1
(1D) For the purposes of paragraph (1)(b), if an actuarial certificate is
2
given to the Commission in a financial year in relation to an
3
income stream, then any actuarial certificate given to the
4
Commission later in that financial year in relation to that income
5
stream has no effect.
6
16 Paragraph 5JB(1A)(b)
7
Omit "and (1D)", substitute ", (1D) and (1E)".
8
17 Paragraph 5JB(1A)(b)
9
Omit "in the actuary's opinion", substitute "the actuary is of the opinion
10
that, for the financial year in which the certificate is given,".
11
18 At the end of subsection 5JB(1A)
12
Add:
13
Note: For
paragraph
(b),
financial year means a period of 12 months
14
commencing on 1 July: see the Acts Interpretation Act 1901.
15
19 Subsection 5JB(1D)
16
Repeal the subsection, substitute:
17
Exception to paragraph (1A)(b)
18
(1D) If, on 30 June in a financial year, an actuarial certificate referred to
19
in paragraph (1A)(b) is in force in relation to an income stream,
20
then paragraph (1A)(b) does not apply in relation to the next
21
financial year (the later year) for the period:
22
(a) beginning on 1 July of the later year; and
23
(b) ending at the earlier of the following:
24
(i) the start of the first day in the later year on which any
25
actuarial certificate is given to the Commission in
26
relation to that income stream;
27
(ii) the end of the period of 26 weeks beginning on 1 July of
28
the later year.
29
20 After subsection 5JB(1D)
30
Insert:
31
Schedule 5 Asset-test exempt income streams
Part 1 Amendments
22 Social Security and Other Legislation Amendment Bill 2011 No. , 2011
One certificate a financial year
1
(1E) For the purposes of paragraph (1A)(b), if an actuarial certificate is
2
given to the Commission in a financial year in relation to an
3
income stream, then any actuarial certificate given to the
4
Commission later in that financial year in relation to that income
5
stream has no effect.
6
7
Asset-test exempt income streams Schedule 5
Application and transitional provisions Part 2
Social Security and Other Legislation Amendment Bill 2011 No. , 2011 23
Part 2--Application and transitional provisions
1
21 Application and transitional provisions
2
(1)
The amendments made by items 2, 5, 7, 10, 12, 15, 17 and 20 apply in
3
relation to the financial year beginning on 1 July 2012 and all later
4
financial years.
5
(2)
The amendments made by items 4, 9, 14 and 19 apply in relation to the
6
financial year ending on 30 June 2012 and all later financial years.
7
(3)
For the purposes of subitem (2), in relation to the financial year ending
8
on 30 June 2012:
9
(a) a reference in subsection 9A(1C) of the Social Security Act
10
1991 to an actuarial certificate referred to in paragraph (1)(b);
11
and
12
(b) a reference in subsection 9B(1C) of the Social Security Act
13
1991 to an actuarial certificate referred to in
14
paragraph (1A)(b); and
15
(c) a reference in subsection 5JA(1C) of the Veterans'
16
Entitlements Act 1986 to an actuarial certificate referred to in
17
paragraph (1)(b); and
18
(d) a reference in subsection 5JB(1D) of the Veterans'
19
Entitlements Act 1986 to an actuarial certificate referred to in
20
paragraph (1A)(b);
21
is a reference to an actuarial certificate referred to in that paragraph, as
22
that paragraph was in force immediately before the commencement of
23
this item.
24
25
Schedule 6 Termination payments
24 Social Security and Other Legislation Amendment Bill 2011 No. , 2011
Schedule 6--Termination payments
1
2
Social Security Act 1991
3
1 Point 1064-F14 (definition of redundancy payment)
4
Before "does", insert "includes a payment in lieu of notice, but".
5
2 Point 1066A-G14 (definition of redundancy payment)
6
Before "does", insert "includes a payment in lieu of notice, but".
7
3 Point 1067G-H19 (definition of redundancy payment)
8
Before "does", insert "includes a payment in lieu of notice, but".
9
4 Point 1067L-D15 (definition of redundancy payment)
10
Before "does", insert "includes a payment in lieu of notice, but".
11
5 Point 1068-G7AQ (definition of redundancy payment)
12
Before "does", insert "includes a payment in lieu of notice, but".
13
6 Point 1068A-E12 (definition of redundancy payment)
14
Before "does", insert "includes a payment in lieu of notice, but".
15
7 Point 1068B-D18 (definition of redundancy payment)
16
Before "does", insert "includes a payment in lieu of notice, but".
17
8 Application
18
The amendments made by this Schedule apply in relation to payments
19
made on or after the commencement of this Schedule.
20