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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Energy Assistance Payment and
Pensioner Concession Card) Bill 2017
No. , 2017
(Social Services)
A Bill for an Act to amend the law relating to social
security and veterans' entitlements, and for related
purposes
No. , 2017
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Energy assistance payment
3
Part 1--Social security amendments
3
Social Security Act 1991
3
Social Security (Administration) Act 1999
5
Part 2--Veterans' entitlements amendments
7
Veterans' Entitlements Act 1986
7
Part 3--Taxation amendments
12
Income Tax Assessment Act 1997
12
Schedule 2--Pensioner concession card
14
Part 1--Social security amendments
14
Social Security Act 1991
14
Social Security (Administration) Act 1999
15
Part 2--Veterans' entitlements amendments
17
Veterans' Entitlements Act 1986
17
No. , 2017
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
1
A Bill for an Act to amend the law relating to social
1
security and veterans' entitlements, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Social Services Legislation Amendment (Energy
6
Assistance Payment and Pensioner Concession Card) Act 2017.
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
2
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
No. , 2017
1
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
The day this Act receives the Royal Assent.
3. Schedule 2
9 October 2017.
9 October 2017
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Energy assistance payment Schedule 1
Social security amendments Part 1
No. , 2017
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
3
Schedule 1--Energy assistance payment
1
Part 1--Social security amendments
2
Social Security Act 1991
3
1 Before paragraph 8(8)(z)
4
Insert:
5
(yk) a one-off energy assistance payment under Part IIIF of the
6
Veterans' Entitlements Act;
7
2 Before Part 2.7
8
Insert:
9
Part 2.6--One-off energy assistance payment
10
11
300 One-off energy assistance payment
12
(1) A person is qualified for a one-off energy assistance payment if:
13
(a) age pension, disability support pension or pension PP (single)
14
is payable to the person on 20 June 2017; and
15
(b) that pension is so payable because of a claim the person made
16
on or before 20 June 2017; and
17
(c) the person is residing in Australia on 20 June 2017.
18
More than one entitlement under this section
19
(2) A person may receive one payment only under this section,
20
regardless of how many times the person qualifies under this
21
section.
22
More than one entitlement under this section and the Veterans'
23
Entitlements Act
24
(3) If a payment under Part IIIF of the Veterans' Entitlements Act is
25
paid to a person, no payment under this section can be paid to the
26
person.
27
Schedule 1 Energy assistance payment
Part 1 Social security amendments
4
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
No. , 2017
301 Amount of one-off energy assistance payment
1
The amount of a person's one-off energy assistance payment under
2
section 300 is worked out using the following table, having regard
3
to the person's situation on 20 June 2017:
4
5
Energy assistance payment
Item
Person's situation on 20 June
2017
Amount of one-off energy
assistance payment
1
Not a member of a couple
$75
2
Partnered
$62.50
3
Member of an illness separated
couple
$75
4
Member of a respite care couple
$75
5
Partnered (partner in gaol)
$75
Note:
For member of a couple, partnered, illness separated couple, respite
6
care couple and partnered (partner in gaol) see section 4.
7
3 Subsection 1222(2) (after table item 4E)
8
Insert:
9
4F
1223ABG
(debts in respect of one-off
energy assistance payments)
deductions
legal proceedings
garnishee notice
repayment by instalments
1231, 1234A
1232
1233
1234
4 After section 1223ABF
10
Insert:
11
1223ABG Debts in respect of one-off energy assistance payments
12
(1) If:
13
(a) after a one-off energy assistance payment under Part 2.6 is
14
paid to a person, an underlying determination in relation to
15
the person, at least so far as it relates to 20 June 2017 or to a
16
period that includes that day, is or was (however described)
17
changed, revoked, set aside, or superseded by another
18
determination; and
19
Energy assistance payment Schedule 1
Social security amendments Part 1
No. , 2017
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
5
(b) the decision to change, revoke, set aside or supersede the
1
underlying determination is or was made for the reason, or
2
for reasons including the reason, that the person knowingly
3
made a false or misleading statement, or knowingly provided
4
false information; and
5
(c) had the change, revocation, setting aside or superseding
6
occurred on or before 20 June 2017, the one-off energy
7
assistance payment would not have been paid;
8
the amount of the one-off energy assistance payment is a debt due
9
to the Commonwealth by the person.
10
(2) For the purposes of this section, an underlying determination in
11
relation to a person is a determination made under Part 3 of the
12
Administration Act because of which age pension, disability
13
support pension or pension PP (single) was payable to the person.
14
(3) Apart from section 1224AA, the other provisions of this Part under
15
which debts arise do not apply in relation to one-off energy
16
assistance payments under Part 2.6.
17
Social Security (Administration) Act 1999
18
5 Before section 12B
19
Insert:
20
12AC One-off energy assistance payment
21
A claim is not required for a one-off energy assistance payment
22
under Part 2.6 of the 1991 Act.
23
6 Subsection 47(1) (after paragraph (gd) of the definition of
24
lump sum benefit)
25
Insert:
26
(ge) one-off energy assistance payment under Part 2.6 of the 1991
27
Act; or
28
7 After section 47AB
29
Insert:
30
Schedule 1 Energy assistance payment
Part 1 Social security amendments
6
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
No. , 2017
47AC Payment of one-off energy assistance payment
1
If a person is qualified for a one-off energy assistance payment
2
under Part 2.6 of the 1991 Act, the Secretary must pay the payment
3
to the person in a single lump sum:
4
(a) on the date that the Secretary considers to be the earliest date
5
on which it is reasonably practicable for the payment to be
6
made; and
7
(b) in such manner as the Secretary considers appropriate.
8
Energy assistance payment Schedule 1
Veterans' entitlements amendments Part 2
No. , 2017
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
7
Part 2--Veterans' entitlements amendments
1
Veterans' Entitlements Act 1986
2
8 Before paragraph 5H(8)(zzb)
3
Insert:
4
(zzaj) a one-off energy assistance payment under Part IIIF;
5
9 After Part IIIE
6
Insert:
7
Part IIIF--One-off energy assistance payment
8
9
66 One-off energy assistance payment--this Act
10
Service pension or income support supplement
11
(1) A person is eligible for a one-off energy assistance payment if:
12
(a) service pension or income support supplement is payable to
13
the person on 20 June 2017; and
14
(b) service pension or income support supplement is so payable
15
because of a claim the person made on or before 20 June
16
2017; and
17
(c) the person is residing in Australia on 20 June 2017.
18
(2) The amount of a person's one-off energy assistance payment under
19
subsection (1) is worked out using the following table, having
20
regard to the person's situation on 20 June 2017:
21
22
Energy assistance payment
Item
Person's situation on 20 June
2017
Amount of one-off energy
assistance payment
1
Not a member of a couple
$75
2
Partnered
$62.50
3
Member of an illness separated
$75
Schedule 1 Energy assistance payment
Part 2 Veterans' entitlements amendments
8
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
No. , 2017
Energy assistance payment
Item
Person's situation on 20 June
2017
Amount of one-off energy
assistance payment
couple
4
Member of a respite care couple
$75
Note:
For member of a couple, partnered, illness separated couple and
1
respite care couple see subsections 5E(1) and (5) and 5R(5) and (6).
2
Pension under Part II or IV
3
(3) A person is eligible for a one-off energy assistance payment if:
4
(a) the person receives for 20 June 2017 a pension under Part II
5
or IV at a rate determined under or by reference to section 22,
6
23, 24 or 27; and
7
(b) the person's rate of the pension is greater than nil for 20 June
8
2017; and
9
(c) the person is residing in Australia on 20 June 2017.
10
(4) A person is eligible for a one-off energy assistance payment if:
11
(a) the person receives for 20 June 2017 a pension under Part II
12
or IV at a rate determined under or by reference to
13
subsection 30(1); and
14
(b) the person's rate of the pension is greater than nil for 20 June
15
2017; and
16
(c) the person is residing in Australia on 20 June 2017.
17
(5) For the purposes of subsections (3) and (4), a person is taken to
18
receive a pension under Part II or IV at a rate greater than nil even
19
if the person's rate would be nil, or pension would not be payable,
20
merely because the rate is reduced, or pension is not payable, under
21
Division 4, 5 or 5A of Part II or section 74.
22
(6) The amount of a person's one-off energy assistance payment under
23
subsection (3) or (4) is $75.
24
67 One-off energy assistance payment--MRCA
25
Compensation for permanent impairment
26
(1) A person is eligible for a one-off energy assistance payment if:
27
Energy assistance payment Schedule 1
Veterans' entitlements amendments Part 2
No. , 2017
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
9
(a) the condition in subsection (2) is met; and
1
(b) the person is residing in Australia on 20 June 2017.
2
(2) The condition is that either or both of the following apply:
3
(a) weekly compensation under Part 2 of Chapter 4 of the
4
MRCA:
5
(i) is payable to the person for 20 June 2017; or
6
(ii) would be payable to the person for 20 June 2017 apart
7
from paragraph 398(3)(b) of the MRCA and offsetting
8
described in subsection 13(4) of the Military
9
Rehabilitation and Compensation (Consequential and
10
Transitional Provisions) Act 2004;
11
(b) before 20 June 2017 the person received lump sum
12
compensation under Part 2 of Chapter 4 of the MRCA.
13
Special Rate Disability Pension
14
(3) A person is eligible for a one-off energy assistance payment if:
15
(a) Special Rate Disability Pension under the MRCA:
16
(i) is payable to the person for 20 June 2017; or
17
(ii) would be payable to the person for 20 June 2017 apart
18
from section 204, and paragraph 398(3)(b), of the
19
MRCA; and
20
(b) the person is residing in Australia on 20 June 2017.
21
Compensation for wholly dependent partners
22
(4) A person is eligible for a one-off energy assistance payment if:
23
(a) the condition in subsection (5) is met; and
24
(b) the person is residing in Australia on 20 June 2017.
25
(5) The condition is that either or both of the following apply:
26
(a) weekly compensation under Division 2 of Part 2 of Chapter 5
27
of the MRCA either:
28
(i) is payable to the person for 20 June 2017; or
29
(ii) would be payable to the person for 20 June 2017 apart
30
from paragraph 398(3)(b) of the MRCA;
31
(b) before 20 June 2017 the person received lump sum
32
compensation under Division 2 of Part 2 of Chapter 5 of the
33
Schedule 1 Energy assistance payment
Part 2 Veterans' entitlements amendments
10
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
No. , 2017
MRCA and subsection 388(6) of the MRCA has not applied
1
to the person before 20 June 2017.
2
Amount of one-off energy assistance payment
3
(6) The amount of a person's one-off energy assistance payment under
4
this section is $75.
5
67A One-off energy assistance payment--Safety, Rehabilitation and
6
Compensation Act 1988
7
(1) A person is eligible for a one-off energy assistance payment if:
8
(a) at any time, the person has received a payment of
9
compensation under section 24 of the Safety, Rehabilitation
10
and Compensation Act 1988; and
11
(b) the payment was made because of a defence-related claim
12
(within the meaning of Part XI of that Act) the person made
13
on or before 20 June 2017; and
14
(c) the person is residing in Australia on 20 June 2017.
15
Amount of one-off energy assistance payment
16
(2) The amount of a person's one-off energy assistance payment under
17
this section is $75.
18
67B More than one entitlement
19
More than one entitlement under this Part
20
(1) A person may receive one payment only under this Part, regardless
21
of how many times the person becomes eligible under this Part.
22
More than one entitlement under this Part and the Social Security
23
Act
24
(2) If a payment under Part 2.6 of the Social Security Act is paid to a
25
person, no payment under this Part can be paid to the person.
26
Energy assistance payment Schedule 1
Veterans' entitlements amendments Part 2
No. , 2017
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
11
67C Claim not required for one-off energy assistance payment
1
A claim is not required for a one-off energy assistance payment
2
under this Part.
3
67D Payment of one-off energy assistance payment
4
If a person is eligible for a one-off energy assistance payment
5
under this Part, the Commission must pay the payment to the
6
person in a single lump sum:
7
(a) on the date that the Commission considers to be the earliest
8
date on which it is reasonably practicable for the payment to
9
be made; and
10
(b) in such manner as the Commission considers appropriate.
11
Schedule 1 Energy assistance payment
Part 3 Taxation amendments
12
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
No. , 2017
Part 3--Taxation amendments
1
Income Tax Assessment Act 1997
2
10 Section 11-
15 (table item headed "social security or like
3
payments")
4
Insert:
5
energy assistance payment, one-off payment under the
Social Security Act 1991 ...............................................
52-10
energy assistance payment, one-off payment under the
Veterans' Entitlements Act 1986 ...................................
52-65
11 After paragraph 52-10(1)(ab)
6
Insert:
7
(ac) one-off energy assistance payment under the Social Security
8
Act 1991; or
9
12 After subsection 52-10(1AB)
10
Insert:
11
(1AC) One-off energy assistance payments under Part 2.6 of the Social
12
Security Act 1991 are exempt from income tax.
13
13 Section 52-40 (after table item 19)
14
Insert:
15
20
One-off energy
assistance
payment
Part 2.6
Not applicable
Not applicable
14 After paragraph 52-65(1)(ba)
16
Insert:
17
(c) one-off energy assistance payments under the Veterans'
18
Entitlements Act 1986; or
19
15 After subsection 52-65(1G)
20
Insert:
21
Energy assistance payment Schedule 1
Taxation amendments Part 3
No. , 2017
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
13
(1GA) One-off energy assistance payments under Part IIIF of the
1
Veterans' Entitlements Act 1986 are exempt from income tax.
2
16 Section 52-75 (after table item 8)
3
Insert:
4
8A
One-off energy assistance
payment
Part IIIF
Not applicable
Schedule 2 Pensioner concession card
Part 1 Social security amendments
14
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
No. , 2017
Schedule 2--Pensioner concession card
1
Part 1--Social security amendments
2
Social Security Act 1991
3
1 After subsection 1061ZA(1A)
4
Insert:
5
(1B) Subject to subsection (3), a person is qualified for a pensioner
6
concession card on a day if:
7
(a) immediately before 1 January 2017, the person was receiving
8
a social security pension; and
9
(b) the Secretary is satisfied that the rate of that pension was nil
10
on 1 January 2017 because of the operation of the
11
amendments made by Part 1 of Schedule 3 to the Social
12
Services Legislation Amendment (Fair and Sustainable
13
Pensions) Act 2015; and
14
(c) the person is not otherwise qualified for a pensioner
15
concession card on that day.
16
2 Subsection 1061ZA(3)
17
Omit "subsection (4)", substitute "subsections (4) and (5)".
18
3 Subsection 1061ZA(3)
19
After "subsections (1),", insert "(1B),".
20
4 Paragraph 1061ZA(4)(b)
21
Omit "scheduled international agreement", substitute "scheduled
22
international social security agreement".
23
5 At the end of section 1061ZA
24
Add:
25
(5) In spite of subsection (3), if:
26
(a) paragraphs (1B)(a), (b) and (c) are satisfied in relation to a
27
person; and
28
Pensioner concession card Schedule 2
Social security amendments Part 1
No. , 2017
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
15
(b) the person was receiving the social security pension
1
immediately before 1 January 2017 solely because of the
2
operation of the scheduled international social security
3
agreement between Australia and New Zealand;
4
subsection (1B) applies to a person in relation to a day on which
5
the person is in Australia.
6
Note:
If the person is temporarily absent from Australia, the person
7
continues to be qualified for a pensioner concession card for a
8
maximum period of up to 6 weeks (see Division 4).
9
6 Subdivision A of Division 3 of Part 2A.1 (heading)
10
Repeal the heading, substitute:
11
Subdivision A--Qualification for automatic issue health care
12
card
13
7 Subsections 1061ZO(2), (3) and (4)
14
Omit "Subject to sections 1061ZRA and 1061ZRB, this section",
15
substitute "This section".
16
8 Sections 1061ZRA and 1061ZRB
17
Repeal the sections.
18
Social Security (Administration) Act 1999
19
9 Subsection 11(1)
20
Omit "subsections (2) to (4)", substitute "subsections (2) and (3)".
21
10 Subsection 11(4)
22
Repeal the subsection.
23
11 Subsection 37A(2A)
24
Repeal the subsection.
25
12 Subsection 106B(4) (at the end of the definition of
26
section 1061ZA pensioner concession card)
27
Add "(except under subsection (1B) of that section)".
28
Schedule 2 Pensioner concession card
Part 1 Social security amendments
16
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
No. , 2017
13 Subsection 240A(3)
1
Omit "or 1061ZRA(3) or (4)".
2
14 Paragraphs 240C(1)(a) and (2)(a)
3
Omit "or 1061ZRA(3) or (4)".
4
15 Subclauses 3(6) and (7) of Schedule 2
5
Repeal the subclauses.
6
Pensioner concession card Schedule 2
Veterans' entitlements amendments Part 2
No. , 2017
Social Services Legislation Amendment (Energy Assistance Payment
and Pensioner Concession Card) Bill 2017
17
Part 2--Veterans' entitlements amendments
1
Veterans' Entitlements Act 1986
2
16 After subsection 53A(1)
3
Insert:
4
(1A) A person is eligible for fringe benefits if:
5
(a) immediately before 1 January 2017, the person was receiving
6
a service pension or income support supplement; and
7
(b) the Commission is satisfied that the rate of that pension or
8
supplement was nil on 1 January 2017 because of the
9
operation of the amendments made by Part 1 of Schedule 3 to
10
the Social Services Legislation Amendment (Fair and
11
Sustainable Pensions) Act 2015; and
12
(c) the person is not otherwise eligible under this section for
13
fringe benefits.
14