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2019-2020
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
SOCIAL SECURITY AMENDMENT (COVID-19 SUPPLEMENT) BILL 2020
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Siewert)
SOCIAL SECURITY AMENDMENT (COVID-19 SUPPLEMENT) BILL 2020
OUTLINE
The purpose of the Social Security Amendment (COVID-19 Supplement) Bill 2020 is to
retain the coronavirus supplement at the rate of $550 a fortnight for recipients of JobSeeker
Payment; Partner Allowance; Widow Allowance; Youth Allowance; Austudy; ABSTUDY
Living Allowance; Parenting Payment; Farm Household Allowance, and Special Benefit.
The Bill also extends eligibility for the coronavirus supplement to Disability Support Pension
recipients and Age Pensioners receiving Commonwealth Rent Assistance.
The rate of the coronavirus supplement of $550 will be back dated to 25 September 2020 and
extended until 28 March 2021 to align with the JobKeeper Payments.
NOTES ON CLAUSES
Clause 1: Short Title
1. This clause is a formal provision specifying the short title of the Bill.
Clause 2: Commencement
2. This clause provides for the commencement of the Act. It provides that the whole of
this Act will commence on the day it receives Royal Assent.
Clause 3: Schedules
3. This clause provides that an Act that is specified in a Schedule is amended or repealed
as set out in that Schedule, and any other item in a Schedule operates according to its
terms.
Schedule 1--Maintaining the COVID-19 supplement
Coronavirus Economic Response Package Omnibus Act 2020
Item 1
4. This item prevents the Minister for Social Services from modifying the Social
Security Act 1991 through an instrument that decreases the amount of the COVID-19
supplement or removes the COVID-19 supplement.
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Social Security Act 1991
Item 2
5. This item specifies that the initial period during which the COVID-19 supplement
applies is from the period beginning on 25 March 2020 and ending on 28 March 2021
for those receiving a parenting payment.
Item 3
6. This item specifies that the COVID-19 supplement will be paid at the rate of $550 a
fortnight for those receiving a parenting payment.
Item 4
7. This item repeals subsections 504(5) to (8) to prevent the Minister for Social Services
from making separate instruments that would decrease or remove the COVID-19
supplement for those receiving a parenting payment during the initial period.
Item 5
8. This item specifies that the initial period during which the COVID-19 supplement
applies is from the period beginning on 25 March 2020 and ending on 28 March 2021
for those receiving youth allowance.
Item 6
9. This item specifies that the COVID-19 supplement will be paid at the rate of $550 a
fortnight for those receiving youth allowance.
Item 7
10. This item repeals subsections 557(5) to (8) to prevent the Minister for Social Services
from making separate instruments that would decrease or remove the COVID-19
supplement for those receiving youth allowance during the initial period.
Item 8
11. This item specifies that the initial period during which the COVID-19 supplement
applies is from the period beginning on 25 March 2020 and ending on 28 is March
2021 for those receiving jobseeker payment.
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Item 9
12. This item specifies that the COVID-19 supplement will be paid at the rate of $550 a
fortnight for those receiving jobseeker payment.
Item 10
13. This item repeals subsections 646(5) to (8) to prevent the Minister for Social Services
from making separate instruments that would decrease or remove the COVID-19
supplement for those receiving jobseeker payment during the initial period.
Item 11
14. This item clarifies that the amendments made by this Schedule to the Social Security
Act 1991 will be back dated to 25 September 2020.
Schedule 2--Expanding eligibility for the COVID-19 supplement
Social Security Act 1991
Item 1
1. This item adds a new section that specifies that if a person is receiving an age pension
and rent assistance then the rate of the person's age pension is increased by the
amount of the COVID-19 supplement. It outlines that the rate of the COVID-19
supplement will be paid at $550 a fortnight from the period beginning 25 September
2020 and ending 28 March 2021, or when those receiving jobseeker payment under
section 646 are no longer paid the COVID-19 supplement.
Item 2
2. This item adds a new section that specifies that if a person is receiving a disability
support pension then the rate of the person's disability support pension is increased by
the amount of the COVID-19 supplement. It outlines that the rate of the COVID-19
supplement will be paid at $550 a fortnight from the period beginning 25 September
2020 and ending 28 March 2021, or when those receiving jobseeker payment under
section 646 are no longer paid the COVID-19 supplement.
Item 3
3. This item adds a new section that specifies that the rate of the coronavirus supplement
for austudy payment; partner allowance; widow allowance; special benefit; and
ABSTUDY payment will be paid at $550 a fortnight for the period beginning
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25 September 2020 and ending 28 March 2021, or when those receiving jobseeker
payment under section 646 are no longer paid the COVID-19 supplement.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Social Security Amendment (COVID-19 Supplement) Bill 2020
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
This Bill retains the coronavirus supplement at the rate of $550 a fortnight for recipients of
JobSeeker Payment; Partner Allowance; Widow Allowance; Youth Allowance; Austudy;
ABSTUDY Living Allowance; Parenting Payment; Farm Household Allowance, and Special
Benefit. The Bill also extends eligibility for the coronavirus supplement to Disability Support
Pension recipients and Age Pensioners receiving Commonwealth Rent Assistance.
Human rights implications
This Bill engages the following human rights:
Right to social security
Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR)
recognises the right of everyone to social security.
This Bill will promote the right to social security by increasing the amount of financial
support for recipients of JobSeeker Payment; Partner Allowance; Widow Allowance; Youth
Allowance; Austudy; ABSTUDY Living Allowance; Parenting Payment; Farm Household
Allowance, Special Benefit; Disability Support Pension; and Age Pensioners receiving
Commonwealth Rent Assistance. It will retain the coronavirus supplement at $550 a fortnight
between 25 September 2020 and 28 March 2021 while unemployment rates are predicted to
remain high.
Conclusion
This Bill is compatible with human rights because it generally advances human rights and to
the extent that it may limit human rights, those limitations are reasonable, necessary and
proportionate.
Senator Rachel Siewert
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