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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Student Reform) Bill 2018
No. , 2018
(Social Services)
A Bill for an Act to amend the law relating to social
security and student assistance, and for related
purposes
No. , 2018
Social Services Legislation Amendment (Student Reform) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Main amendments
4
Social Security Act 1991
4
Social Security (Administration) Act 1999
6
Schedule 2--Other amendments
8
Student Assistance Act 1973
8
No. , 2018
Social Services Legislation Amendment (Student Reform) Bill 2018
1
A Bill for an Act to amend the law relating to social
1
security and student assistance, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Social Services Legislation Amendment (Student
6
Reform) Act 2018.
7
2 Commencement
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(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 Services Legislation Amendment (Student Reform) Bill 2018
No. , 2018
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,
items 1 to 5
As follows:
(a) if this Act receives the Royal Assent
before 1 January 2019--1 January 2019;
(b) if this Act receives the Royal Assent on
or after 1 January 2019--the first
1 January or 1 July to occur after the day
this Act receives the Royal Assent.
3. Schedule 1,
items 6 and 7
The day after this Act receives the Royal
Assent.
4. Schedule 1,
items 8 and 9
As follows:
(a) if this Act receives the Royal Assent
before 1 January 2019--1 January 2019;
(b) if this Act receives the Royal Assent on
or after 1 January 2019--the first
1 January, 1 April, 1 July or 1 October to
occur after the day this Act receives the
Royal Assent.
5. Schedule 2
The 28th 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 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
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No. , 2018
Social Services Legislation Amendment (Student Reform) Bill 2018
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1 Main amendments
4
Social Services Legislation Amendment (Student Reform) Bill 2018
No. , 2018
Schedule 1--Main amendments
1
2
Social Security Act 1991
3
1 Subsection 5(1) (paragraphs (a) and (b) of the definition of
4
parent)
5
After "section 592L", insert ", subsection 1067A(10L)".
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2 Subsection 1067A(10A)
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Repeal the subsection, substitute:
8
(10A) For the purposes of determining whether a person is to be regarded
9
as independent for the purposes of Part 2.11 or 2.11B, this Part or
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section 1070G:
11
(a) paragraph (10)(b) does not apply unless subsection (10E)
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applies to the person because of paragraph (10E)(d); and
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(b) paragraph (10)(d) does not apply unless subsection (10E)
14
applies to the person because of paragraph (10E)(e).
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3 Paragraph 1067A(10E)(d)
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Repeal the paragraph, substitute:
17
(d) in relation to paragraph (10)(b)--the person's combined
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parental income (as defined in point 1067G-F10) for:
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(i) the last tax year that ended before the start of the 2 years
20
referred to in that paragraph; or
21
(ii) the appropriate tax year worked out under Submodule 3
22
of Module F of the Youth Allowance Rate Calculator in
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section 1067G;
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is less than the threshold amount (see subsection (10K)) for
25
the person for that tax year; and
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(e) in relation to paragraph (10)(d)--the person's combined
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parental income (as defined in point 1067G-F10) for:
28
(i) the last tax year that ended before the start of the
29
14-month period referred to in that paragraph; or
30
(ii) the appropriate tax year worked out under Submodule 3
31
of Module F of the Youth Allowance Rate Calculator in
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section 1067G;
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Main amendments Schedule 1
No. , 2018
Social Services Legislation Amendment (Student Reform) Bill 2018
5
is less than the threshold amount (see subsection (10K)) for
1
the person for that tax year.
2
4 After subsection 1067A(10J)
3
Insert:
4
(10K) For the purposes of paragraphs (10E)(d) and (e), the threshold
5
amount for the person (the primary person) for a tax year is the
6
sum of the following:
7
(a) $160,000;
8
(b) $10,000 for each person who is a related person (see
9
subsection (10L)) of the primary person on:
10
(i) subject to subparagraph (ii)--30 June of that tax year;
11
or
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(ii) if that tax year is the tax year following the base tax
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year because of point 1067G-F7 or 1067G-F8--the day
14
the request was made.
15
(10L) For the purposes of paragraph (10K)(b), a person (the first person)
16
is a related person of the primary person on a day if on that day:
17
(a) the first person is aged under 22; and
18
(b) a parent of the first person is also a parent of the primary
19
person; and
20
(c) none of the following applies to the first person:
21
(i) the first person is living away from the home of each
22
parent covered by paragraph (b) and the first person is a
23
member of a YA couple under subsection 1067C(1);
24
(ii) the first person is living away from the home of each
25
parent covered by paragraph (b) and the first person has
26
a natural child, adoptive child or relationship child who
27
is wholly or substantially dependent on the first person
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or the first person's partner (if any);
29
(iii) the first person is receiving youth allowance or
30
disability support pension and the first person is
31
independent under subsection (9);
32
(iv) the first person is in State care.
33
Note:
For parent, see paragraph (b) of the definition of parent in
34
subsection 5(1).
35
Schedule 1 Main amendments
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Social Services Legislation Amendment (Student Reform) Bill 2018
No. , 2018
5 Application provision
1
The amendments of section 1067A of the Social Security Act 1991
2
made by this Schedule apply in relation to:
3
(a) working out qualification for, or the rate of, youth allowance
4
in relation to days occurring on or after the commencement
5
of this item; and
6
(b) working out whether a person is qualified for a relocation
7
scholarship payment at a time on or after the commencement
8
of this item.
9
6 Point 1067G-E1 (step 1 of the method statement)
10
Repeal the step, substitute:
11
Step 1. Work out the MIT reducible amount by subtracting the
12
base FTB child rate in point 1067G-E2 from the
13
maximum FTB child rate in point 1067G-E3 and then
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multiplying the result by:
15
14
365
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7 Application provision
17
The amendment of point 1067G-E1 of the Social Security Act 1991
18
made by this Schedule applies in relation to working out the rate of
19
youth allowance in relation to days occurring on or after the
20
commencement of this item.
21
Social Security (Administration) Act 1999
22
8 Subsection 123AB(1) (steps 3 to 5 of the method statement)
23
Repeal the steps, substitute:
24
Step 3. Work out the annual amount of estimated maintenance
25
income for the parent under section 123AD.
26
Main amendments Schedule 1
No. , 2018
Social Services Legislation Amendment (Student Reform) Bill 2018
7
Step 4. Go to subsection (2) if the actual maintenance income is
1
equal to or more than the annual amount of estimated
2
maintenance income and either:
3
(a)
the actual maintenance income is less than 125%
4
of the annualised maintenance income free area; or
5
(b)
the actual maintenance income is equal to or more
6
than 125% of the annualised maintenance income
7
free area and the actual maintenance income is less
8
than 125% of the annual amount of estimated
9
maintenance income.
10
Step 5. Go to subsection (3) in any other case.
11
9 Application provision
12
The amendment of subsection 123AB(1) of the Social Security
13
(Administration) Act 1999 made by this Schedule applies in relation to a
14
requirement that arises under section 126A of that Act on or after the
15
commencement of this item to review a decision, whether the decision
16
was made before, on or after that commencement.
17
Schedule 2 Other amendments
8
Social Services Legislation Amendment (Student Reform) Bill 2018
No. , 2018
Schedule 2--Other amendments
1
2
Student Assistance Act 1973
3
1 After subsection 5D(2)
4
Insert:
5
(2A) A determination under subsection (1) may make provision for and
6
in relation to a specified course, that ceases to be a secondary
7
course or a tertiary course, continuing to be a secondary course or a
8
tertiary course in relation to specified persons in specified
9
circumstances.
10
Note:
For specification by class, see subsection 13(3) of the Legislation Act
11
2003.
12