Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2016-2017-2018
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
SOCIAL SERVICES LEGISLATION AMENDMENT
(HOUSING AFFORDABILITY) BILL 2017
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be moved on behalf of the Government
(Circulated by the authority of the
Minister for Families and Social Services, the Hon Paul Fletcher MP)
SOCIAL SERVICES LEGISLATION AMENDMENT
(HOUSING AFFORDABILITY) BILL 2017
OUTLINE
Amendments to be moved on behalf of the Government to Schedule 1 to the Social
Services Legislation Amendment (Housing Affordability) Bill 2017 (the Bill). Schedule
1 to the Bill introduces a scheme for the automatic deduction of rent and other
household payments in the social security law.
These amendments make additional technical amendments to support Government
amendments to the Bill contained in EF123. Amendments (9), (10) and (12) to (15)
of EF123 amend the Bill to the effect that, for social housing tenants who are subject
to the income management regime or the cashless debit card trial within the
meaning of the Social Security (Administration) Act 1999 (the Administration Act),
the amount of a deduction under the Automatic Rent Deduction Scheme must be no
more than the income managed or restricted portion of their payments.
The amendments to Schedule 1 to the Bill will make technical changes to Part 3B of
the Administration Act, which contains the income management regime. In particular,
the amendments will amend various provisions in Division 5 of Part 3B, which govern
income management deductions from welfare payments, to reduce the deductible
portion of the payment by the automatic rent deduction amount before the balance of
that portion is income managed.
FINANCIAL IMPACT STATEMENT
The amendments in this Bill have no financial impact on Government revenue.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
The statement of compatibility with human rights appears at the end of this
Supplementary Explanatory Memorandum.
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SOCIAL SERVICES LEGISLATION AMENDMENT
(HOUSING AFFORDABILITY) BILL 2017
Amendments to be moved on behalf of the Government
NOTES ON AMENDMENTS
SCHEDULE 1 - SOCIAL SECURITY AMENDMENTS
Summary
The amendments to Schedule 1 to the Bill will make technical changes to Part 3B of
the Administration Act, which contains the income management regime. In particular,
the amendments will amend various provisions in Division 5 of Part 3B, which govern
income management deductions from welfare payments, to reduce the deductible
portion of the payment by the automatic rent deduction amount before the balance of
that portion is income managed.
Explanation of the changes
Amendment (1) omits items 2 and 3 of the Schedule. These items resulted in the
automatic rent deduction amount being deducted before the welfare payment was
divided into the deductible portion to be income managed, and the balance paid to
the person.
Amendment (2) inserts new items 4A to 4W. Each item will amend a provision in
Division 5 of Part 3B of the Administration Act which provides for a deduction to be
made from a welfare payment, or instalment of a welfare payment, subject to the
income management regime. This deduction is referred to in the Administration Act
as the 'deductible portion'.
New item 4A of the Bill will repeal paragraphs 123XI(2)(b) and (c) of the
Administration Act and substitute new paragraphs 123XI(2)(b) and (c). New
paragraph 123XI(2)(b) applies if Part 3E of the Administration Act or Part 3A of the A
New Tax System (Family Assistance) (Administration) Act 1999 (the Family
Assistance Administration Act) (both dealing with automatic deductions of rent or
other household payments) applies in relation to the person and the instalment of
category I welfare payment.
If so, an amount equal to so much of the deductible portion of the instalment as
remains after a deduction is made from that portion of the instalment under section
124QG of the Administration Act or section 67E of the Family Assistance
Administration Act is credited to the Income Management Record and the person's
income management account.
2
New paragraph 123XI(2)(c) states that, if paragraph (b) does not apply, an amount
equal to the deductible portion of the instalment is credited to the Income
Management Record and the person's income management account.
The effect of new item 2 of the Bill is replicated in new items 4A to 4W amending
equivalent sections 123XJ, 123XJA, 123XJB, 123XJC, 123XJD, 123XK, 123XL,
123XM, 123XN, 123XO, 123XP, 123XPAA, 123XPAB, 123XPA, 123XPB, 123XPC,
123XPD, 123XPG, 123XPJ, and 123XPK of the Administration Act.
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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 SERVICES LEGISLATION AMENDMENT (HOUSING AFFORDABILITY)
BILL 2017
Schedule 1 - Social Security Amendments
The amendments are 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 amendments
The amendments to Schedule 1 to the Bill will make technical changes to Part 3B of
the Administration Act, which contains the income management regime. In particular,
the amendments will amend various provisions in Division 5 of Part 3B, which govern
income management deductions from welfare payments, to reduce the deductible
portion of the payment by the automatic rent deduction amount before the balance of
that portion is income managed.
Human rights implications
The amendments are compatible with human rights as they do not raise any human
rights issues.
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Statement[s] of compatibility with human rights
Conclusion
The amendments are compatible with human rights as they do not raise any human
rights issues.
[Circulated by the authority of the Minister for Families and Social Services,
the Hon Paul Fletcher MP]
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