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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(No. 2) Bill 2015
No. , 2015
(Social Services)
A Bill for an Act to amend the law relating to social
security and aged care, and for related purposes
No. , 2015
Social Services Legislation Amendment (No. 2) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Income management regime
3
Part 1--Abolition of certain incentive payments
3
Social Security Act 1991
3
Social Security (Administration) Act 1999
3
Part 2--Vulnerable welfare payment recipients
4
Social Security (Administration) Act 1999
4
Part 3--Miscellaneous
5
Social Security (Administration) Act 1999
5
Part 4--Consequential amendments
10
Income Tax Assessment Act 1997
10
Part 5--Transitional and savings provisions
11
Schedule 2--Ceasing residential care subsidy for pre-entry
leave
13
Aged Care Act 1997
13
Aged Care (Transitional Provisions) Act 1997
14
Schedule 3--Aged Care Planning Advisory Committees
16
Aged Care Act 1997
16
No. , 2015
Social Services Legislation Amendment (No. 2) Bill 2015
1
A Bill for an Act to amend the law relating to social
1
security and aged care, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Social Services Legislation
5
Amendment (No. 2) Act 2015.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Social Services Legislation Amendment (No. 2) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
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. Schedule 1,
Parts 1 to 3
1 July 2015.
1 July 2015
3. Schedule 1,
Part 4
1 January 2016.
1 January 2016
4. Schedule 1,
Part 5
1 July 2015.
1 July 2015
5. Schedule 2
1 July 2015.
1 July 2015
6. Schedule 3
The day 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 Schedules
7
Legislation 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
Income management regime Schedule 1
Abolition of certain incentive payments Part 1
No. , 2015
Social Services Legislation Amendment (No. 2) Bill 2015
3
Schedule 1
--Income management regime
1
Part 1
--Abolition of certain incentive payments
2
Social Security Act 1991
3
1 Subsection 23(1)
4
Repeal the following definitions:
5
(a) definition of matched savings scheme (income
6
management) payment;
7
(b) definition of voluntary income management agreement;
8
(c) definition of voluntary income management incentive
9
payment.
10
2 Parts 2.25D and 2.25E
11
Repeal the Parts.
12
Social Security (Administration) Act 1999
13
3 Section 12J
14
Repeal the section.
15
4 Subsection 47(1) (paragraphs (fa) and (fb) of the definition
16
of lump sum benefit)
17
Repeal the paragraphs.
18
5 Subdivision DD of Division 5 of Part 3B
19
Repeal the Subdivision.
20
Schedule 1 Income management regime
Part 2 Vulnerable welfare payment recipients
4
Social Services Legislation Amendment (No. 2) Bill 2015
No. , 2015
Part 2
--Vulnerable welfare payment recipients
1
Social Security (Administration) Act 1999
2
6 Section 123TA
3
Omit:
4
(b)
the Secretary has determined that the person is a
5
vulnerable welfare payment recipient; or
6
substitute:
7
(b)
the person is a vulnerable welfare payment recipient; or
8
7 Section 123TC (definition of vulnerable welfare payment
9
recipient)
10
Repeal the definition, substitute:
11
vulnerable welfare payment recipient means a person who falls
12
within a class of person prescribed by legislative instrument under
13
section 123UGA.
14
8 Section 123UGA
15
Repeal the section, substitute:
16
123UGA Classes of vulnerable welfare payment recipients
17
The Minister may, by legislative instrument, prescribe a class or
18
classes of persons who are vulnerable welfare payment recipients.
19
Income management regime Schedule 1
Miscellaneous Part 3
No. , 2015
Social Services Legislation Amendment (No. 2) Bill 2015
5
Part 3
--Miscellaneous
1
Social Security (Administration) Act 1999
2
9 Section 123TC (paragraph (a) of the definition of child)
3
Repeal the paragraph, substitute:
4
(a) a child for whom the person is the principal carer; or
5
10 Section 123UGC (heading)
6
Repeal the heading, substitute:
7
123UGC Exempt welfare payment recipient--person is not the
8
principal carer of a child
9
11 Paragraph 123UGC(1)(a)
10
Repeal the paragraph, substitute:
11
(a) at the test time, the person is not the principal carer of a child
12
who is a school age child or younger; and
13
12 Subparagraph 123UGC(1)(b)(ii)
14
Repeal the subparagraph, substitute:
15
(ii) within at least 4 of the last 6 fortnights before the test
16
time, the person has received less than 25% of the
17
maximum basic rate of youth allowance, newstart
18
allowance, pension PP (single) or benefit (PP) partnered
19
(other than because a compliance penalty period applied
20
to the person);
21
(iia) within at least 4 of the last 6 fortnights before the test
22
time, the person has received less than 25% of the
23
equivalent rate of special benefit (other than because a
24
compliance penalty period applied to the person);
25
13 Subsection 123UGC(1) (note)
26
Repeal the note.
27
14 Subsection 123UGC(4)
28
Repeal the subsection.
29
Schedule 1 Income management regime
Part 3 Miscellaneous
6
Social Services Legislation Amendment (No. 2) Bill 2015
No. , 2015
15 Section 123UGD (heading)
1
Repeal the heading, substitute:
2
123UGD Exempt welfare payment recipient--person is the principal
3
carer of a child
4
16 Paragraph 123UGD(1)(a)
5
Repeal the paragraph, substitute:
6
(a) at the test time, the person is the principal carer of a child
7
who is a school age child or younger; and
8
17 Paragraphs 123UGD(1)(b) and (c)
9
Omit "dependent".
10
18 Subsection 123UGD(1) (note 1)
11
Repeal the note.
12
19 Subsection 123UGD(1) (note 2)
13
Omit "Note 2", substitute "Note".
14
20 Subsection 123UGD(3) (heading)
15
Repeal the heading, substitute:
16
Activities relating to children (other than school age children)
17
21 Subsection 123UGD(3)
18
Omit "dependent".
19
22 Subsection 123UGD(7) (definition of dependent child)
20
Repeal the definition.
21
23 Section 123UGE
22
Repeal the section.
23
24 Paragraph 123UH(a)
24
Repeal the paragraph, substitute:
25
(a) at the particular time, the first person is a child for whom the
26
other person is the principal carer; or
27
Income management regime Schedule 1
Miscellaneous Part 3
No. , 2015
Social Services Legislation Amendment (No. 2) Bill 2015
7
25 Subsection 123WL(4)
1
Repeal the subsection.
2
26 Section 123YR
3
Repeal the section, substitute:
4
123YR Credit of income management account in error
5
(1) If the Secretary is satisfied that an amount (the excess amount) has
6
been credited to a person's income management account in error,
7
the Secretary may determine, in writing, that:
8
(a) the person's income management account is to be debited by
9
one or more amounts equal to the excess amount; or
10
(b) the person must repay to the Commonwealth, as a debt due to
11
the Commonwealth, an amount equal to the excess amount.
12
Note:
Paragraph (b)--for debt recovery, see Chapter 5 of the 1991 Act.
13
(2) If the Secretary makes a determination under paragraph (1)(a):
14
(a) the Income Management Record is debited by one or more
15
amounts equal to the excess amount; and
16
(b) the person's income management account is debited by one
17
or more amounts equal to the excess amount.
18
(3) A determination made under subsection (1) is not a legislative
19
instrument.
20
27 At the end of Division 8 of Part 3B
21
Add:
22
123ZJA Action purportedly taken under Division 6 as a result of
23
administrative error
24
Scope
25
(1) This section applies if:
26
(a) the Secretary purports to take action under Division 6; and
27
(b) apart from this section, the action is invalid; and
28
(c) the action is due to an administrative error.
29
Schedule 1 Income management regime
Part 3 Miscellaneous
8
Social Services Legislation Amendment (No. 2) Bill 2015
No. , 2015
Relevant excess
1
(2) If the action purportedly taken results in an amount (an excess
2
amount) being credited to a person's income management account
3
in error, the Secretary may determine, in writing, that:
4
(a) the person's income management account is to be debited by
5
one or more amounts equal to the excess amount; or
6
(b) the person must repay to the Commonwealth, as a debt due to
7
the Commonwealth, an amount equal to the excess amount.
8
Note:
Paragraph (b)--for debt recovery, see Chapter 5 of the 1991 Act.
9
(3) If the Secretary makes a determination under paragraph (2)(a):
10
(a) the Income Management Record is debited by one or more
11
amounts equal to the excess amount; and
12
(b) the person's income management account is debited by one
13
or more amounts equal to the excess amount.
14
Debt due to the Commonwealth
15
(4) If the action purportedly taken results in an amount (an excess
16
amount) being paid to a person in error and the person does not
17
have an income management account, an amount equal to the
18
excess amount is a debt due by the person to the Commonwealth.
19
Note:
For debt recovery, see Chapter 5 of the 1991 Act.
20
(5) If the action purportedly taken results in a voucher being given to a
21
person in error, an amount equal to the face value of the voucher is
22
a debt due by the person to the Commonwealth.
23
Note:
For debt recovery, see Chapter 5 of the 1991 Act.
24
(6) If the action purportedly taken results in a stored value card being
25
given to a person in error, an amount equal to the monetary value
26
of the stored value card is a debt due by the person to the
27
Commonwealth.
28
Note:
For debt recovery, see Chapter 5 of the 1991 Act.
29
(7) Subject to subsection (8), if the action purportedly taken results in
30
a payment being made to the credit of an account held by a person
31
with:
32
(a) a bank; or
33
Income management regime Schedule 1
Miscellaneous Part 3
No. , 2015
Social Services Legislation Amendment (No. 2) Bill 2015
9
(b) a person specified in a legislative instrument made by the
1
Secretary for the purposes of subparagraph 123YK(2)(a)(ii)
2
or (b)(ii) or 123YL(2)(a)(ii) or (b)(ii);
3
in error, an amount equal to the amount of the payment is a debt
4
due by the person to the Commonwealth.
5
Note:
For debt recovery, see Chapter 5 of the 1991 Act.
6
(8) If an account mentioned in subsection (7) is held by a person
7
jointly or in common with another person, each account holder is
8
jointly and severally liable for the payment of a debt due to the
9
Commonwealth under that subsection.
10
(9) If the action purportedly taken results in a payment being made to a
11
person by way of a cheque or cash, and the payment is made in
12
error, an amount equal to the amount of the payment is a debt due
13
by the person to the Commonwealth.
14
Note:
For debt recovery, see Chapter 5 of the 1991 Act.
15
Crediting of amounts
16
(10) If the action purportedly taken results in an amount (a shortfall
17
amount) being debited from a person's income management
18
account in error, an amount equal to the shortfall amount must be:
19
(a) credited to the Income Management Record; and
20
(b) credited to the person's income management account.
21
(11) A determination made under subsection (2) is not a legislative
22
instrument.
23
28 At the end of subsection 123ZN(1)
24
Add:
25
; and (i) making a payment to cover an invalid action, as mentioned in
26
subsection 123ZJA(1).
27
Schedule 1 Income management regime
Part 4 Consequential amendments
10
Social Services Legislation Amendment (No. 2) Bill 2015
No. , 2015
Part 4
--Consequential amendments
1
Income Tax Assessment Act 1997
2
29 Section 11-
15 (table item headed "social security or like
3
payments")
4
Omit:
5
matched savings scheme (income management)
payment under the Social Security Act 1991 .................
52-10
30 Section 11-
15 (table item headed "social security or like
6
payments")
7
Omit:
8
voluntary income management incentive payment under
the Social Security Act 1991 ..........................................
52-10
31 Subsection 52-10(1EA)
9
Repeal the subsection.
10
Income management regime Schedule 1
Transitional and savings provisions Part 5
No. , 2015
Social Services Legislation Amendment (No. 2) Bill 2015
11
Part 5
--Transitional and savings provisions
1
32 Voluntary income management incentive payment
2
Despite the repeal of Part 2.25D of the Social Security Act 1991 by this
3
Schedule, a person may accrue a qualifying incentive payment period
4
and be qualified for a voluntary income management incentive payment
5
under that Part if:
6
(a) the person's qualifying incentive payment period:
7
(i) began before 1 July 2015; and
8
(ii) ends on or after 30 June 2015; and
9
(b) the requirements of that Part are otherwise satisfied in
10
relation to the person.
11
33 Matched savings scheme (income management) payment
12
Despite the repeal of Part 2.25E of the Social Security Act 1991 by this
13
Schedule, a person is qualified for a matched savings scheme (income
14
management) payment under that Part if:
15
(a) the person's qualifying savings period:
16
(i) began before 1 July 2015; and
17
(ii) ends on or after 30 June 2015; and
18
(b) the requirements of that Part are otherwise satisfied in
19
relation to the person; and
20
(c) the person makes a claim, in writing, for the payment on or
21
before 31 December 2015.
22
34 Vulnerable welfare payment recipients
23
(1)
Despite the repeal and substitution of section 123UGA of the Social
24
Security (Administration) Act 1999 by this Schedule:
25
(a) a determination made by the Secretary under that section in
26
relation to a person on or before 30 June 2015 remains in
27
force for the balance of the period that remained immediately
28
before 1 July 2015; and
29
(b) the provisions of that section continue to apply in respect of
30
the determination.
31
(2)
Despite subitem (1), a person may request the Secretary to revoke a
32
determination made before 1 July 2015 under section 123UGA of the
33
Schedule 1 Income management regime
Part 5 Transitional and savings provisions
12
Social Services Legislation Amendment (No. 2) Bill 2015
No. , 2015
Social Security (Administration) Act 1999 in relation to the person. If
1
such a request is made, the Secretary must revoke the determination
2
accordingly.
3
Ceasing residential care subsidy for pre-entry leave Schedule 2
No. , 2015
Social Services Legislation Amendment (No. 2) Bill 2015
13
Schedule 2
--Ceasing residential care subsidy
1
for pre-entry leave
2
3
Aged Care Act 1997
4
1 At the end of section 42-1
5
Add:
6
(4) Despite any other provision of this Act, an approved provider
7
operating a residential care service is not eligible for
*
residential
8
care subsidy for a care recipient in respect of a day if the care
9
recipient is on
*
pre-entry leave from that service on that day.
10
2 After subsection 42-2(3)
11
Insert:
12
(3AA) For the purposes of paragraph (3)(c), disregard days on which the
13
care recipient is on
*
pre-entry leave from the residential care
14
service.
15
3 Subsection 42-3(3)
16
Omit "on the day of entry", substitute "at the end of the day before the
17
day the person enters the residential care service".
18
4 At the end of section 52C-3
19
Add:
20
(4) Steps 2 to 6 of the resident fee calculator in subsection (1) do not
21
apply in relation to a day on which the care recipient is, because of
22
subsection 42-3(3), taken to be on
*
leave under section 42-2.
23
5 Application provisions
24
(1)
The amendment of section 42-1 of the Aged Care Act 1997 made by
25
this Schedule applies in relation to working out whether an approved
26
provider is eligible for residential care subsidy in respect of days
27
occurring on or after the commencement of this item (regardless of
28
whether the pre-entry leave began before, on or after that
29
commencement).
30
Schedule 2 Ceasing residential care subsidy for pre-entry leave
14
Social Services Legislation Amendment (No. 2) Bill 2015
No. , 2015
(2)
The amendment of section 42-2 of the Aged Care Act 1997 made by
1
this Schedule applies in relation to days occurring on or after the
2
commencement of this item (regardless of whether the pre-entry leave
3
began before, on or after that commencement).
4
(3)
The amendment of section 52C-3 of the Aged Care Act 1997 made by
5
this Schedule applies in relation to working out the amount of the
6
resident fee in respect of days occurring on or after the commencement
7
of this item (regardless of whether the pre-entry leave began before, on
8
or after that commencement).
9
Aged Care (Transitional Provisions) Act 1997
10
6 At the end of section 42-1
11
Add:
12
(5) Despite any other provision of this Act, an approved provider
13
operating a residential care service is not eligible for
*
residential
14
care subsidy for a care recipient in respect of a day if the care
15
recipient is on
*
leave from that service on that day because of
16
subsection 42-3(3).
17
7 After subsection 42-2(3)
18
Insert:
19
(3AA) For the purposes of paragraph (3)(c), disregard days on which the
20
care recipient is on
*
leave from the residential care service because
21
of subsection 42-3(3).
22
8 Subsection 42-3(3)
23
Omit "on the day of entry", substitute "at the end of the day before the
24
day the person enters the residential care service".
25
9 Section 58-2
26
Before "The maximum daily amount of", insert "(1)".
27
10 At the end of section 58-2
28
Add:
29
Ceasing residential care subsidy for pre-entry leave Schedule 2
No. , 2015
Social Services Legislation Amendment (No. 2) Bill 2015
15
(2) Steps 2 to 6 of the resident fee calculator in subsection (1) do not
1
apply in relation to a day on which the care recipient is, because of
2
subsection 42-3(3), taken to be on
*
leave under section 42-2.
3
11 Section 58-5
4
Omit "section 58-2", substitute "subsection 58-2(1)".
5
12 Application provisions
6
(1)
The amendment of section 42-1 of the Aged Care (Transitional
7
Provisions) Act 1997 made by this Schedule applies in relation to
8
working out whether an approved provider is eligible for residential
9
care subsidy in respect of days occurring on or after the commencement
10
of this item (regardless of whether the period referred to in
11
subsection 42-3(3) of that Act began before, on or after that
12
commencement).
13
(2)
The amendment of section 42-2 of the Aged Care (Transitional
14
Provisions) Act 1997 made by this Schedule applies in relation to days
15
occurring on or after the commencement of this item (regardless of
16
whether the period referred to in subsection 42-3(3) of that Act began
17
before, on or after that commencement).
18
(3)
The amendments of section 58-2 of the Aged Care (Transitional
19
Provisions) Act 1997 made by this Schedule apply in relation to
20
working out the amount of the resident fee in respect of days occurring
21
on or after the commencement of this item (regardless of whether the
22
period referred to in subsection 42-3(3) of that Act began before, on or
23
after that commencement).
24
Schedule 3 Aged Care Planning Advisory Committees
16
Social Services Legislation Amendment (No. 2) Bill 2015
No. , 2015
Schedule 3
--Aged Care Planning Advisory
1
Committees
2
3
Aged Care Act 1997
4
1 Section 11-4
5
Omit "Advice may be sought from an Aged Care Planning Advisory
6
Committee (see section 12-7)".
7
2 Paragraph 12-1(2)(c)
8
Omit "12-7", substitute "12-6".
9
3 Section 12-7
10
Repeal the section.
11