Commonwealth of Australia Explanatory Memoranda

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SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (LIFTING THE INCOME LIMIT FOR THE COMMONWEALTH SENIORS HEALTH CARD) BILL 2022

                             2022




   THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                           SENATE




SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (LIFTING
 THE INCOME LIMIT FOR THE COMMONWEALTH SENIORS HEALTH
                      CARD) BILL 2022




       SUPPLEMENTARY EXPLANATORY MEMORANDUM




      Amendments to be moved on behalf of the Government




                 (Circulated by the authority of the
   Minister for Social Services, the Hon Amanda Rishworth MP)

 SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (LIFTING
  THE INCOME LIMIT FOR THE COMMONWEALTH SENIORS HEALTH
                       CARD) BILL 2022


OUTLINE

These amendments change the commencement of the increased
Commonwealth Seniors Health Card income limits to seven days after this Bill
receives the Royal Assent, and remove the requirement for the increased
income limits to substitute the indexation of the current income limits on
20 September 2022. The increased Commonwealth Seniors Health Card
income limits will continue to be indexed from 20 September 2023 and annually
on 20 September thereafter.


Financial impact statement

The financial impact of these amendments is:

 MEASURE                           FINANCIAL IMPACT OVER THE FORWARD
                                   ESTIMATES

 Schedule 1                        $69.4 million


The revised financial impact of the Bill, taking into account these
amendments, is:

 MEASURE                           FINANCIAL IMPACT OVER THE FORWARD
                                   ESTIMATES

 Schedule 1                        $69.4 million




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 SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (LIFTING
  THE INCOME LIMIT FOR THE COMMONWEALTH SENIORS HEALTH
                       CARD) BILL 2022

                        Government amendments


NOTES ON AMENDMENTS

     Abbreviations used in this supplementary explanatory memorandum

 •    Social Security Act means the Social Security Act 1991;
 •    Veterans' Entitlements Act means the Veterans' Entitlements Act 1986.

Amendment 1 amends table item 1, column 2 of clause 2 to omit "The day this
Act receives the Royal Assent" and substitute "The seventh day after this Act
receives the Royal Assent". This means the whole of the Act will commence on
the seventh day after the Act receives the Royal Assent.

Amendment 2 amends item 4 to omit "2022 and 2023 (see subsections
1192(5BA) and (5BB))" and substitute "2023 (see subsection 1192(5BB))". This
provides that indexation of the Commonwealth Seniors Health Card income
limits are modified for 2023, such that the increased Commonwealth Seniors
Health Card income limits are the amounts to be indexed from 20 September
2023 and annually on 20 September thereafter.

Amendment 3 amends item 5 to omit subsection 1192(5BA). This ensures the
increased Commonwealth Seniors Health Card income limits do not substitute
the indexation of the current Commonwealth Seniors Health Card income limits
on 20 September 2022.

Amendment 4 amends item 9 to omit from note 4 to Point 118ZZA-11 the
words "on 20 September 2023 and each later 20 September" and substitutes
"annually on 20 September".

Amendment 5 reverts the definition at item 10 for indexation day in
subsection 198FAA(6) to the existing definition.

Amendments 6 and 7 amend item 11 to provide that the amendments to the
Social Security Act and the Veterans' Entitlements Act made by the Bill apply
when working out whether a person qualifies for a Commonwealth Seniors
Health Card on a day on or after the day the Act commences.




                                      1

         STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

           Prepared in accordance with Part 3 of the Human Rights
                      (Parliamentary Scrutiny) Act 2011

 SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (LIFTING
  THE INCOME LIMIT FOR THE COMMONWEALTH SENIORS HEALTH
                       CARD) BILL 2022

  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

These amendments change the commencement of the increased
Commonwealth Seniors Health Card income limits to seven days after this Bill
receives the Royal Assent, and remove the requirement for the increased
income limits to substitute the indexation of the current income limits on
20 September 2022. The increased Commonwealth Seniors Health Card
income limits will continue to be indexed from 20 September 2023 and annually
on 20 September thereafter.

Human rights implications

These amendments engage the following rights:

   •    the right to social security;
   •    the right to the enjoyment of the highest attainable standard of physical
       and mental health; and
   •    the right of older persons to independence and care.

The 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. The Bill engages
this right by increasing the coverage of an existing social security benefit to
more claimants.

While the amendments mean this increased coverage will be delayed, the
impact of the delay is partially moderated by the fact that automatic indexation
of the income limits has now occurred on 20 September 2022. This allows some
of the older Australians who would have benefitted from the increase to the
income limits under this Bill to become eligible to receive the Commonwealth
Seniors Health Card through indexation before the changes in the Bill come
into effect.




                                       2

The right to the enjoyment of the highest standard of physical and mental health

By increasing the availability of health concessions to more Australians, the Bill
also engages with Article 12 of the ICESCR by working to create conditions
which assure medical services and attention are available to all in the event of
sickness.

These amendments will delay the availability of health concessions to more
Australians who become eligible as a result of the increased Commonwealth
Seniors Health Card income limits for a short time. However, the amendments
do not reduce or limit the benefits eligible Australians receive through the
Commonwealth Seniors Health Card.

The right of older persons to independence and care

The Bill also supports the United Nations Principles for Older Persons
especially with regard to the independence and care of older persons by
reducing the cost of required health care and pharmaceuticals for an additional
group of older people.

Conclusion

These amendments are compatible with human rights. The increased
Commonwealth Seniors Health Card income limits will advance the rights to
social security and to the enjoyment of the highest standard of physical and
mental health by improving a person's access to social security and health
services. Although these amendments will delay the commencement of the
increased income limits for short time, they are reasonable, necessary and
proportionate to ensure more older Australians can receive a Commonwealth
Seniors Health Card and enjoy the associated benefits.



 [Circulated by the authority of the Minister for Social Services, the Hon
                         Amanda Rishworth MP]




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