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SOCIAL SECURITY LEGISLATION AMENDMENT BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security 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, and for related purposes
i Social Security Legislation Amendment Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Income management
3
Part 1--State/Territory referrals
3
Social Security Act 1991
3
Social Security (Administration) Act 1999
3
Part 2--Other amendments
10
Social Security (Administration) Act 1999
10
Schedule 2--School attendance plans
14
Social Security (Administration) Act 1999
14
Social Security Legislation Amendment Bill 2011 No. , 2011 1
A Bill for an Act to amend the law relating to social
1
security, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Social Security Legislation
5
Amendment Act 2011.
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 Security 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. Schedule 1
The later of:
(a) 1 July 2012; and
(b) the 28th day after this Act receives the
Royal Assent.
3. Schedule 2
The later of:
(a) 1 July 2012; and
(b) 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 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
Income management Schedule 1
State/Territory referrals Part 1
Social Security Legislation Amendment Bill 2011 No. , 2011 3
Schedule 1--Income management
1
Part 1--State/Territory referrals
2
Social Security Act 1991
3
1 Paragraph 1061WG(1)(c)
4
Omit "or 123UE", substitute ", 123UE or 123UFAA".
5
Social Security (Administration) Act 1999
6
2 Section 123TA
7
After:
8
(g)
the Queensland Commission requires the person to
9
be subject to the income management regime; or
10
insert:
11
(ga)
an officer or employee of a recognised
12
State/Territory authority requires the person to be
13
subject to the income management regime; or
14
3 Section 123TC
15
Insert:
16
recognised State or Territory has the meaning given by
17
section 123TGAB.
18
4 Section 123TC
19
Insert:
20
recognised State/Territory authority has the meaning given by
21
section 123TGAA.
22
5 Section 123TC (definition of subject to the income
23
management regime)
24
After "123UF", insert ", 123UFAA".
25
Schedule 1 Income management
Part 1 State/Territory referrals
4 Social Security Legislation Amendment Bill 2011 No. , 2011
6 After section 123TG
1
Insert:
2
123TGAA Recognised State/Territory authority
3
The Minister may, by legislative instrument, determine that:
4
(a) a specified department, or a specified part of a department, of
5
a State or Territory; or
6
(b) a specified body of a State or Territory; or
7
(c) a specified agency of a State or Territory;
8
is a recognised State/Territory authority for the purposes of this
9
Part.
10
123TGAB Recognised State or Territory
11
The Minister may, by legislative instrument, determine that a
12
specified State or Territory is a recognised State or Territory for
13
the purposes of this Part.
14
7 Paragraph 123UCA(e)
15
Omit "or 123UF", substitute ", 123UF or 123UFAA".
16
8 Paragraph 123UCB(1)(f)
17
Omit "or 123UF", substitute ", 123UF or 123UFAA".
18
9 Paragraph 123UCC(1)(f)
19
Omit "or 123UF", substitute ", 123UF or 123UFAA".
20
10 After section 123UF
21
Insert:
22
123UFAA Persons subject to the income management regime--
23
other State/Territory referrals
24
(1) For the purposes of this Part, a person is subject to the income
25
management regime at a particular time (the test time) if:
26
(a) at the test time, the person, or the person's partner, is an
27
eligible recipient of a category H welfare payment; and
28
(b) before the test time, an officer or employee of a recognised
29
State/Territory authority gave the Secretary a written notice
30
Income management Schedule 1
State/Territory referrals Part 1
Social Security Legislation Amendment Bill 2011 No. , 2011 5
requiring that the person be subject to the income
1
management regime under this section; and
2
(c) the notice was given:
3
(i) under a law (whether written or unwritten) in force in a
4
State or Territory (other than a law of the
5
Commonwealth); or
6
(ii) in the exercise of the executive power of a State or
7
Territory; and
8
(d) at the test time, the notice had not been withdrawn or
9
revoked; and
10
(e) at the test time, the State or Territory is a recognised State or
11
Territory; and
12
(f) if, at the test time, the person has a Part 3B payment
13
nominee--the Part 3B payment nominee is not an excluded
14
Part 3B payment nominee; and
15
(g) at the test time, the person is not subject to the income
16
management regime under section 123UC, 123UD, 123UE or
17
123UF.
18
(2) For the purposes of this Part, a person is subject to the income
19
management regime at a particular time (the test time) if:
20
(a) at the test time, the person is not subject to the income
21
management regime under any other provision of this
22
Subdivision; and
23
(b) at the test time, the person has a Part 3B payment nominee;
24
and
25
(c) at the test time, the Part 3B payment nominee is subject to the
26
income management regime under subsection (1).
27
11 Paragraph 123UM(5)(a)
28
Omit "or 123UF", substitute ", 123UF or 123UFAA".
29
12 Subparagraph 123UN(1)(a)(v)
30
Omit "or 123UF", substitute ", 123UF or 123UFAA".
31
13 Subparagraph 123UO(3)(b)(v)
32
Omit "or 123UF", substitute ", 123UF or 123UFAA".
33
14 Paragraphs 123WJ(1)(c) and (d)
34
Schedule 1 Income management
Part 1 State/Territory referrals
6 Social Security Legislation Amendment Bill 2011 No. , 2011
Omit "or 123UF", substitute ", 123UF or 123UFAA".
1
15 After Subdivision D of Division 5 of Part 3B
2
Insert:
3
Subdivision DAA--Other State/Territory referrals
4
123XPAA Deductions from category I welfare payments--
5
instalments
6
Scope
7
(1) This section applies if:
8
(a) a person is subject to the income management regime under
9
section 123UFAA; and
10
(b) an instalment of a category I welfare payment is payable to
11
the person.
12
Deductions from category I welfare payments--instalments
13
(2) The following provisions have effect:
14
(a) the Secretary must deduct from the instalment of the category
15
I welfare payment the deductible portion of the instalment;
16
(b) an amount equal to the deductible portion of the instalment is
17
credited to the Income Management Record;
18
(c) an amount equal to the deductible portion of the instalment is
19
credited to the person's income management account.
20
Deductible portion
21
(3) For the purposes of subsection (2), the deductible portion of an
22
instalment of a category I welfare payment is:
23
(a)
70%;
or
24
(b) if another percentage (not exceeding 100%) is specified in a
25
legislative instrument made by the Minister for the purposes
26
of this paragraph--the other percentage;
27
of the net amount of the instalment (rounded down to the nearest
28
cent).
29
(4) An instrument under paragraph (3)(b) may specify different
30
percentages depending on one or more of the following:
31
Income management Schedule 1
State/Territory referrals Part 1
Social Security Legislation Amendment Bill 2011 No. , 2011 7
(a) the category I welfare payments payable to persons subject to
1
the income management regime under section 123UFAA;
2
(b) the usual place of residence of those persons;
3
(c) the recognised State/Territory authorities whose officers or
4
employees may give a notice of the kind referred to in
5
paragraph 123UFAA(1)(b).
6
123XPAB Deductions from category I welfare payments--lump
7
sums
8
Scope
9
(1) This section applies if:
10
(a) a person is subject to the income management regime under
11
section 123UFAA; and
12
(b) a category I welfare payment is payable to the person
13
otherwise than by instalments.
14
Deductions from category I welfare payments--lump sums
15
(2) The following provisions have effect:
16
(a) the Secretary must deduct from the category I welfare
17
payment the deductible portion of the payment;
18
(b) an amount equal to the deductible portion of the payment is
19
credited to the Income Management Record;
20
(c) an amount equal to the deductible portion of the payment is
21
credited to the person's income management account.
22
Deductible portion
23
(3) For the purposes of subsection (2), the deductible portion of a
24
category I welfare payment is:
25
(a)
100%;
or
26
(b) if a lower percentage is specified in a legislative instrument
27
made by the Minister for the purposes of this paragraph--the
28
lower percentage;
29
of the net amount of the payment (rounded down to the nearest
30
cent).
31
(4) An instrument under paragraph (3)(b) may specify different
32
percentages depending on one or more of the following:
33
Schedule 1 Income management
Part 1 State/Territory referrals
8 Social Security Legislation Amendment Bill 2011 No. , 2011
(a) the category I welfare payments payable to persons subject to
1
the income management regime under section 123UFAA;
2
(b) the usual place of residence of those persons;
3
(c) the recognised State/Territory authorities whose officers or
4
employees may give a notice of the kind referred to in
5
paragraph 123UFAA(1)(b).
6
16 After section 123ZD
7
Insert:
8
123ZDA Other State/Territory referrals--notice of cancellation of
9
category H welfare payments
10
Scope
11
(1) This section applies if:
12
(a) a person ceases to be subject to the income management
13
regime under section 123UFAA because of the cancellation
14
of a category H welfare payment of the person or the
15
person's partner; and
16
(b) immediately before the cancellation, the relevant notice
17
referred to in paragraph 123UFAA(1)(b) had not been
18
withdrawn or revoked.
19
Notice
20
(2) As soon as practicable after the cancellation, the Secretary must
21
give an officer or employee of the recognised State/Territory
22
authority written notice of the cancellation.
23
17 After section 123ZEA
24
Insert:
25
123ZEAA Disclosure of information to the Secretary--other
26
State/Territory referrals
27
(1) Despite any law (whether written or unwritten) in force in a State
28
or Territory, an officer or employee of a recognised State/Territory
29
authority may give the Secretary information about a person if:
30
(a)
either:
31
Income management Schedule 1
State/Territory referrals Part 1
Social Security Legislation Amendment Bill 2011 No. , 2011 9
(i) the person is subject to the income management regime
1
under section 123UFAA; or
2
(ii) the officer or employee is considering whether to give a
3
notice of the kind referred to in paragraph
4
123UFAA(1)(b) in relation to the person; and
5
(b) the disclosed information is relevant to the operation of this
6
Part.
7
(2) If information about a person is disclosed as mentioned in
8
subsection (1), the Secretary may disclose information about the
9
person to an officer or employee of the recognised State/Territory
10
authority for the purposes of the performance of the functions and
11
duties, or the exercise of the powers, of the officer or employee.
12
18 Application
13
Paragraph 123UFAA(1)(b) of the Social Security (Administration) Act
14
1999, as inserted by this Schedule, applies in relation to notices given
15
on or after the commencement of this item.
16
17
Schedule 1 Income management
Part 2 Other amendments
10 Social Security Legislation Amendment Bill 2011 No. , 2011
Part 2--Other amendments
1
Social Security (Administration) Act 1999
2
19 Section 123TC (definition of declared income management
3
area)
4
Repeal the definition.
5
20 Section 123TFA
6
Repeal the section.
7
21 Section 123UCA
8
Before "For", insert "(1)".
9
22 Paragraph 123UCA(b)
10
Repeal the paragraph, substitute:
11
(b) at the test time, the person's usual place of residence is
12
within a State, a Territory or an area specified in an
13
instrument under subsection (3); and
14
23 At the end of section 123UCA
15
Add:
16
(2)
If:
17
(a) a person is subject to the income management regime under
18
subsection (1); and
19
(b) paragraph (1)(b) ceases to apply in relation to the person; and
20
(c) at the time of that cessation, paragraphs (1)(a), (c), (d) and (e)
21
apply in relation to the person;
22
then the person remains subject to the income management regime
23
under subsection (1) until paragraph (1)(a), (c), (d) or (e) ceases to
24
apply in relation to the person.
25
(3) The Minister may, by legislative instrument, specify a State, a
26
Territory or an area for the purposes of this section.
27
24 Paragraph 123UCB(1)(c)
28
Repeal the paragraph, substitute:
29
Income management Schedule 1
Other amendments Part 2
Social Security Legislation Amendment Bill 2011 No. , 2011 11
(c) at the test time, the person's usual place of residence is
1
within a State, a Territory or an area specified in an
2
instrument under subsection (4); and
3
25 At the end of section 123UCB
4
Add:
5
(3)
If:
6
(a) a person is subject to the income management regime under
7
subsection (1); and
8
(b) paragraph (1)(c) ceases to apply in relation to the person; and
9
(c) at the time of that cessation, paragraphs (1)(a), (b), (d), (e),
10
and (f) apply in relation to the person;
11
then the person remains subject to the income management regime
12
under subsection (1) until the earlier of the following:
13
(d) the time paragraph (1)(a), (b), (d), (e), or (f) ceases to apply
14
in relation to the person;
15
(e) the end of the period of 13 weeks beginning on the day that
16
paragraph (1)(c) ceased to apply in relation to the person.
17
(4) The Minister may, by legislative instrument, specify a State, a
18
Territory or an area for the purposes of this section.
19
26 Paragraph 123UCC(1)(c)
20
Repeal the paragraph, substitute:
21
(c) at the test time, the person's usual place of residence is
22
within a State, a Territory or an area specified in an
23
instrument under subsection (4); and
24
27 At the end of section 123UCC
25
Add:
26
(3)
If:
27
(a) a person is subject to the income management regime under
28
subsection (1); and
29
(b) paragraph (1)(c) ceases to apply in relation to the person; and
30
(c) at the time of that cessation, paragraphs (1)(a), (b), (d), (e),
31
and (f) apply in relation to the person;
32
then the person remains subject to the income management regime
33
under subsection (1) until the earlier of the following:
34
Schedule 1 Income management
Part 2 Other amendments
12 Social Security Legislation Amendment Bill 2011 No. , 2011
(d) the time paragraph (1)(a), (b), (d), (e), or (f) ceases to apply
1
in relation to the person;
2
(e) the end of the period of 13 weeks beginning on the day that
3
paragraph (1)(c) ceased to apply in relation to the person.
4
(4) The Minister may, by legislative instrument, specify a State, a
5
Territory or an area for the purposes of this section.
6
28 Subparagraph 123UGD(1)(b)(i)
7
Repeal the subparagraph, substitute:
8
(i) at the test time, the child is enrolled at a school, and, in
9
each of the 2 school terms ending immediately before
10
that time, the child has had no more than 5 absences for
11
reasons that are not satisfactory to a person responsible
12
for the operation of the school; or
13
(ia) at the test time, the child is enrolled at a school, and, in
14
each of the 2 school terms ending immediately before
15
that time, the child has had more than 5 absences for
16
reasons that are not satisfactory to a person responsible
17
for the operation of the school but the person is taking
18
reasonable steps to ensure that the child attends school
19
as required by the law of the State or Territory
20
concerned; or
21
29 Subsection 123UGD(7) (heading)
22
Repeal the heading, substitute:
23
Definitions
24
30 Subsection 123UGD(7)
25
Insert:
26
person responsible, for the operation of a school, has the same
27
meaning as in Part 3C.
28
31 Subparagraph 123UO(3)(b)(ii)
29
Repeal the subparagraph.
30
32 Application
31
Income management Schedule 1
Other amendments Part 2
Social Security Legislation Amendment Bill 2011 No. , 2011 13
The amendment made by item 31 applies in relation to voluntary
1
income management agreements that are in force on or after the
2
commencement of that item (whether the agreements were entered into
3
before, on or after that commencement).
4
5
Schedule 2 School attendance plans
14 Social Security Legislation Amendment Bill 2011 No. , 2011
Schedule 2--School attendance plans
1
2
Social Security (Administration) Act 1999
3
1 Paragraph 37AA(1)(b)
4
Omit "or 124L(1)", substitute ", 124L(1) or 124NE(1)".
5
2 Section 37AA (at the end of note 2)
6
Add "Section 124NE provides that a schooling requirement payment is
7
not payable to a person if he or she fails to comply with a compliance
8
notice (subject to exceptions in that section).".
9
3 Section 37AA (note 3)
10
Omit "section 124H or 124M (because of the application of subsection
11
124G(1) or 124L(1))", substitute "section 124H, 124M or 124NF
12
(because of the application of subsection 124G(1), 124L(1) or
13
124NE(1))".
14
4 Paragraph 85(1)(a) (note)
15
Omit "and 124N", substitute ", 124N and 124NG".
16
5 Paragraph 123(1)(c)
17
Omit "or 124M", substitute ", 124M or 124NF".
18
6 Subsection 124(2)
19
Repeal the subsection, substitute:
20
(2) If this Part ceases to apply to a person while the person's schooling
21
requirement payment is suspended under this Part, then, despite
22
that cessation, section 124J, 124N or 124NG, as the case requires,
23
is taken to apply in relation to the person and, for this purpose, the
24
reconsideration day for the purposes of that section is taken to be
25
the day of that cessation.
26
Note:
Sections 124J, 124N and 124NG deal with when payments become
27
payable after suspension.
28
7 Section 124A
29
Before "In", insert "(1)".
30
School attendance plans Schedule 2
Social Security Legislation Amendment Bill 2011 No. , 2011 15
8 Section 124A (before paragraph (a) of the definition of
1
person responsible)
2
Insert:
3
(aa) a person included in a class of persons specified in an
4
instrument under subsection (2); and
5
9 At the end of section 124A
6
Add:
7
(2) The Minister may, by legislative instrument, specify a class of
8
persons for the purposes of paragraph (aa) of the definition of
9
person responsible in subsection (1).
10
10 Division 3 of Part 3C (heading)
11
Repeal the heading, substitute:
12
Division 3--School attendance notices
13
11 After Division 3 of Part 3C
14
Insert:
15
Division 3A--School attendance plans
16
124NA When this Division applies
17
This Division applies if:
18
(a) a schooling requirement person's child is enrolled at a school
19
in a State or Territory; and
20
(b) a person responsible for the operation of the school gives the
21
Secretary written notice that the child is failing to attend
22
school, as required by the law of that State or Territory, to the
23
satisfaction of the person responsible.
24
124NB Conference notices
25
The Secretary (the notifier), or a person responsible for the
26
operation of the school (the notifier), may give a notice to the
27
schooling requirement person specifying the following:
28
(a) the person is required to attend a conference with a specified
29
person at a specified place and time;
30
Schedule 2 School attendance plans
16 Social Security Legislation Amendment Bill 2011 No. , 2011
(b) the purpose of the conference is to discuss the child's school
1
attendance;
2
(c) the person is required, at the conference, to enter into a
3
school attendance plan that is in accordance with
4
section 124NC;
5
(d) the consequences under this Division of not complying with
6
the notice.
7
124NC School attendance plans
8
(1) If a school attendance plan is not in force in relation to the
9
schooling requirement person, the Secretary (the notifier), or a
10
person responsible for the operation of the school (the notifier),
11
may require the person to enter into such a plan.
12
(2) If a school attendance plan is in force in relation to the schooling
13
requirement person, the Secretary (the notifier), or a person
14
responsible for the operation of the school (the notifier), may
15
require the person to enter into another plan instead of the existing
16
one.
17
Notice of requirement
18
(3) The notifier is to give the schooling requirement person notice of:
19
(a) the requirement; and
20
(b) the place and time at which the plan is to be entered into; and
21
(c) the consequences under this Division of not complying with
22
the requirement.
23
(4) Without limiting subsection (3), the notice may be included in a
24
notice under section 124NB or 124ND.
25
Form of plan
26
(5) A school attendance plan must be in a form approved by the
27
notifier.
28
Children covered by the plan
29
(6) A school attendance plan must cover one or more children of the
30
schooling requirement person.
31
School attendance plans Schedule 2
Social Security Legislation Amendment Bill 2011 No. , 2011 17
Purpose of plan
1
(7) A school attendance plan must contain requirements, that the
2
schooling requirement person is required to comply with, that the
3
notifier considers appropriate for the purpose of ensuring improved
4
school attendance of the one or more children covered by the plan.
5
124ND Compliance notices
6
(1) The Secretary (the notifier), or a person responsible for the
7
operation of the school (the notifier), may give a notice (a
8
compliance notice) to the schooling requirement person requiring
9
the person to comply with one or more requirements specified in
10
the notice if the person commits any of the following failures:
11
(a) if a notice is given to the person under section 124NB--the
12
person fails to attend the conference at the place and time
13
specified under paragraph 124NB(a);
14
(b) the person fails to enter into a school attendance plan in
15
accordance with section 124NC;
16
(c) the person fails to comply with a school attendance plan in
17
force in relation to the person.
18
(2) The compliance notice must give details of:
19
(a) how to comply with the notice; and
20
(b) the consequences under this Division of not complying with
21
the notice.
22
Purpose of notice
23
(3) A requirement specified in the compliance notice must be one that
24
the notifier considers appropriate for the purpose of ensuring
25
improved school attendance of the schooling requirement person's
26
child.
27
124NE School attendance--condition of schooling requirement
28
payments
29
(1) A schooling requirement payment is not payable to a schooling
30
requirement person if the person fails to comply with a compliance
31
notice given to the person under section 124ND.
32
Schedule 2 School attendance plans
18 Social Security Legislation Amendment Bill 2011 No. , 2011
(2) Subsection (1) does not apply to the person in relation to a
1
compliance notice, as at a particular day, if the Secretary is
2
satisfied that there are special circumstances applying as at that
3
day, as determined in accordance with the schooling requirement
4
determination (if any), that justify the failure to comply with the
5
compliance notice.
6
(3) Subsection (1) does not apply to the person in relation to a
7
compliance notice, as at a particular day, if:
8
(a) before that day, the person has been fined under a law of a
9
State or Territory in relation to the failure of the person's
10
child or children to attend school in that State or Territory;
11
and
12
(b) having regard to all the circumstances, the Secretary
13
determines that subsection (1) should not apply to the person
14
as at that day.
15
(4) A schooling requirement payment cannot be suspended, or
16
cancelled, because of the application of subsection (1) except as
17
provided by section 124NF.
18
(5) For a schooling requirement payment under the Veterans'
19
Entitlements Act:
20
(a) this section does not apply in relation to the grant of the
21
payment; but
22
(b) this section otherwise applies in relation to the payment.
23
(6) A determination under paragraph (3)(b) is not a legislative
24
instrument.
25
124NF School attendance--suspension or cancellation for
26
non-compliance with compliance notice
27
Scope
28
(1) This section applies if, as at a particular day:
29
(a) a schooling requirement person has been given a compliance
30
notice; and
31
(b) a schooling requirement payment is not payable to the person
32
because subsection 124NE(1) applies to the person as at that
33
day.
34
School attendance plans Schedule 2
Social Security Legislation Amendment Bill 2011 No. , 2011 19
Note:
Section 124NE provides that a schooling requirement payment is not
1
payable to a person if he or she fails to comply with a compliance
2
notice.
3
Suspension or cancellation of payment
4
(2) The Secretary must:
5
(a) if the payment has been suspended under this section for a
6
total period of 13 weeks or more (which need not be a
7
continuous period) in relation to compliance with the
8
compliance notice--determine that the payment is to be
9
suspended or cancelled; or
10
(b) in any other case--determine that the payment is to be
11
suspended.
12
Payment may be suspended more than once
13
(3) The Secretary may make more than one determination under
14
subsection (2) in relation to compliance with a particular
15
compliance notice.
16
Note:
Following suspension of a schooling requirement payment, the
17
payment may become payable again under section 124NG.
18
Subsection (3) of this section allows for a further suspension of the
19
payment even after the payment has become payable again.
20
Payment may be suspended even if not yet received
21
(4) The Secretary may suspend a schooling requirement person's
22
schooling requirement payment under this section even if the
23
person has not started to receive the payment.
24
Note:
A compliance notice may be given to a claimant for a schooling
25
requirement payment (see section 124 (Scope)). The claim may be
26
granted even if subsection 124NE(1) applies to the person. However,
27
in that event, the Secretary must suspend the payment under this
28
section (before it has started).
29
124NG School attendance--when payments become payable after
30
suspension
31
Scope
32
(1) This section applies if, on a particular day (the reconsideration
33
day):
34
Schedule 2 School attendance plans
20 Social Security Legislation Amendment Bill 2011 No. , 2011
(a) a person's schooling requirement payment has been, and
1
remains, suspended under section 124NF, where the
2
compliance notice concerned required the person to enter into
3
a school attendance plan; and
4
(b) the Secretary has reconsidered the decision to suspend the
5
payment (whether on an application under section 129 or on
6
his or her own initiative); and
7
(c) as a result of the reconsideration, the Secretary is satisfied
8
that, as at the reconsideration day:
9
(i) the person has entered into such a plan containing
10
requirements that the Secretary considers appropriate
11
for the purpose of ensuring improved school attendance
12
of the one or more children covered by the plan; or
13
(ii) there are special circumstances applying, as determined
14
in accordance with the schooling requirement
15
determination (if any), that justify the person being
16
unable to enter into such a plan.
17
(2) This section also applies if, on a particular day (the
18
reconsideration day):
19
(a) a person's schooling requirement payment has been, and
20
remains, suspended under section 124NF, where the
21
compliance notice concerned required the person to comply
22
with a school attendance plan in force in relation to the
23
person; and
24
(b) the Secretary has reconsidered the decision to suspend the
25
payment (whether on an application under section 129 or on
26
his or her own initiative); and
27
(c) as a result of the reconsideration, the Secretary is satisfied
28
that, as at the reconsideration day:
29
(i) the person is complying with the plan; or
30
(ii) there are special circumstances applying, as determined
31
in accordance with the schooling requirement
32
determination (if any), that justify the person being
33
unable to comply with the plan.
34
Determination that payment is payable
35
(3) The Secretary must determine:
36
(a) that the schooling requirement payment is payable to the
37
schooling requirement person (subject to any other provision
38
School attendance plans Schedule 2
Social Security Legislation Amendment Bill 2011 No. , 2011 21
of the social security law or the Veterans' Entitlements Act,
1
as the case requires); and
2
(b) that any arrears resulting from the operation of this section
3
are to be paid at a time, or times, stated in the determination
4
under this subsection (or worked out in accordance with that
5
determination).
6
Entitlement to arrears--suspension for total period of up to 13
7
weeks
8
(4) If the payment has been suspended under section 124NF for a total
9
period of less than 13 weeks (which need not be a continuous
10
period) in relation to compliance with a particular compliance
11
notice, the date of effect of the determination under subsection (3)
12
is the day on which the latest suspension determination was made
13
under section 124NF in relation to such compliance.
14
Note:
A schooling requirement payment may be suspended more than once
15
under section 124NF (see subsection 124NF(3)).
16
Entitlement to arrears--suspension for total period of 13 weeks or
17
more
18
(5) If subsection (4) does not apply, the date of effect of the
19
determination under subsection (3) is:
20
(a) the reconsideration day; or
21
(b) an earlier day stated by the Secretary in that determination to
22
be appropriate, in the special circumstances of the case
23
applying as at the reconsideration day, as determined in
24
accordance with the schooling requirement determination (if
25
any).
26
(6) For the purposes of subsection (5), the Secretary may vary a
27
determination under subsection (3) to state an earlier date of effect,
28
if the determination:
29
(a) does not include such a statement; or
30
(b) includes such a statement in relation to a later day.
31
How arrears are paid
32
(7) Arrears resulting from the operation of this section may be paid to
33
the person as a lump sum payment, a series of regular payments, or
34
Schedule 2 School attendance plans
22 Social Security Legislation Amendment Bill 2011 No. , 2011
otherwise, in accordance with the determination under
1
subsection (3).
2
(8) The person is entitled to a payment, or payments, of arrears arising
3
from the operation of this section at the time, or times, provided by
4
the determination under subsection (3).
5
Non-application of general provisions for date of effect
6
(9) Division 9 of Part 3 (date of effect of determinations) does not
7
apply in relation to a determination under subsection (3).
8
12 Subsection 124P(2)
9
Repeal the subsection, substitute:
10
(2) Despite any law (whether written or unwritten) in force in a State
11
or Territory:
12
(a) a State or Territory; or
13
(b) a non-government school authority; or
14
(c) any other person who is responsible for the operation of one
15
or more schools;
16
may, for the purposes of this Part, give the Secretary information
17
about either or both of the following:
18
(d) the attendance, or non-attendance, of children at school;
19
(e) a person's compliance with a compliance notice given to the
20
person.
21
13 At the end of Part 3C
22
Add:
23
Division 5--General provisions
24
124PA Relationship between Divisions of this Part
25
No Division of this Part limits any other Division of this Part.
26
14 At the end of subsection 195(2)
27
Add:
28
; (l) for the purposes of Part 3C (schooling requirements), in
29
relation to a person in respect of whom a compliance notice
30
School attendance plans Schedule 2
Social Security Legislation Amendment Bill 2011 No. , 2011 23
is in force--any information relevant to the person's
1
compliance with the notice.
2
15 At the end of subsection 202(7)
3
Add:
4
; (e) a person's compliance with a compliance notice given to the
5
person.
6
16 Subclause 1(1) of Schedule 1
7
Insert:
8
compliance notice has the meaning given by section 124ND.
9
17 Subclause 5(2) of Schedule 2 (paragraph (f) of the
10
definition of exclusion period)
11
Omit "or 124M", substitute ", 124M or 124NF".
12
18 Application
13
(1)
Paragraph 124NA(b) of the Social Security (Administration) Act 1999,
14
as inserted by this Schedule, applies in relation to notices given on or
15
after the day on which this item commences.
16
(2)
Division 3A of Part 3C of the Social Security (Administration) Act
17
1999, as inserted by this Schedule, applies in relation to a schooling
18
requirement payment whether it is claimed, or granted, before, on or
19
after the day on which this item commences.
20

 

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