Social Security Act 1991

Act No. 46 of 1991 as amended

VOLUME 10 includes: Schedules

 

 

 

 

Contents

Schedule 1—Oath and Affirmation 

Schedule 1A—Savings and transitional provisions

Part 1—General

1 Correspondence of pensions, benefits and allowances.........

2 Correspondence of provisions.......................

2A References in other Acts and instruments to provisions of the 1947 Act             

Part 2—Savings and Transitional Provisions Applicable on the Transition from the 1947 Act to this Act

Division 4—Continuation of earlier savings provisions

21 Widow’s pension—mental hospital patient partners (changes introduced on 1 November 1980)             

22 Benevolent homes (changes introduced on 1 January 1981)......

27 Rent assistance—boarders and lodgers (changes introduced on 13 June 1989)             

28 Rent assistance—retirement village residents (changes introduced on 13 June 1989)             

Part 3—Saving and Transitional Provisions Applicable after the Commencement of this Act

36 Incentive allowance (changes introduced on 12 November 1991)..

41 Members of couples (changes made on 12 March 1992)........

42 Modifications of Pension Rate Calculator A (changes made on 12 March 1992)             

43 Modifications of Pension Rate Calculator B (changes made on 12 March 1992)             

44 Modifications of Pension Rate Calculator C (changes made on 12 March 1992)             

45 Modifications of Pension Rate Calculator D (changes made on 12 March 1992)             

46 Modifications of Pension Rate Calculator E (changes made on 12 March 1992)             

48 Modifications of Benefit Rate Calculator B (changes made on 12 March 1992)             

Module D—Supplementary Amount for Member of Couple in Some Circumstances

49 Modifications of pharmaceutical allowance rates (changes made on 12 March 1992)             

63 Rent assistance (changes introduced on 20 March 1993).......

67 Sickness allowance for people on rehabilitation programs (changes introduced on 20 March 1994)             

69B Saving of job search allowance and newstart allowance deferment determinations             

74 Partner allowance for persons born on or before 1 July 1955 (changes made on 1 July 1995)             

80 Income determinations (changes made on 1 January 1996)......

86 Transitional and saving provisions applicable to the amendments relating to the pension loans scheme             

88 Saving: Determinations under repealed sections 1099E and 1099L.

96 Application and saving provisions: advance payment provisions...

96A Application of revised Schedule 1B....................

98 Application and transitional provisions: amendments relating to tightening the activity test administration and simplifying the penalty periods that apply to youth training allowance             

99 Application provision: amendments relating to unemployment due to industrial action             

100 Application provision: amendments relating to the abolition of the minimum rate of payment to under 18 year old sickness allowance and newstart allowance recipients             

101 Application provision: abolition of the earnings credit scheme....

102 Application provision: amendments relating to the application of the below threshold deeming rate             

102A Application and transitional provisions: amendments relating to simplifying the penalty periods that apply to newstart allowance             

102AA Review of decisions under section 5 of the Aged Care Income Testing Act 1997

102B Applications for review of decisions made under section 5 of the Aged Care Income Testing Act 1997

102C Review by SSAT of decisions relating to determinations under section 5 of the Aged Care Income Testing Act 1997

102D Review by AAT of decisions relating to determinations under section 5 of the Aged Care Income Testing Act 1997

102E Application provision—abolition of residential care allowance and amendments relating to rent assistance             

103 Application provision: income maintenance periods..........

104 Application provision: amendments relating to the liquid assets test waiting period             

104A Application provision: amendments relating to means test exemption for superannuation assets             

105 Application and saving provisions: debts due to the Commonwealth and their recovery             

105A Parenting payment (changes introduced 20 March 1998).......

106 Determinations etc. relating to family payment continue in force as determinations etc. relating to family allowance             

107 Pending claims for family payment....................

108 Savings—Disabled child (changes made on 1 July 1998).......

108A Disabled child (changes made on 1 July 1999).............

109 Application of liquid assets test waiting period for sickness allowance             

109A Application provision: amendments relating to the consistent treatment of lump sums             

110 Youth allowance in place of newstart allowance (under 21 years), sickness allowance (under 21 years), youth training allowance and AUSTUDY living allowance (youth allowance age)             

111 Austudy payment in place of AUSTUDY living allowance......

111A $3,000 opening balance for student income bank for students transferring from AUSTUDY             

112 Pensioner education supplement under the Social Security Act in place of pensioner education supplement under the Austudy Regulations             

113 Certain persons receiving benefit PP (partnered) and pensioner education supplement immediately before 1 July 1998             

114 Claims for newstart allowance (under 21 years) or sickness allowance (under 21 years) made on or after 1 July 1998 in respect of period before that date             

115 Persons under 21 receiving newstart allowance or sickness allowance on 17 June 1997             

116 Newstart or sickness allowance bereavement payment in respect of death of partner             

117 Youth training allowance bereavement payment in respect of death of partner             

118 Qualification for double orphan pension for certain young persons who were qualified to receive payments under the AUSTUDY scheme immediately before 1 July 1998             

119 Payment of family allowance—young person ceasing to be a FA child on becoming youth allowance recipient             

120 Application—income maintenance period rules.............

120A Amendments relating to treatment of income streams.........

122 Issue of notice before 1 July 1999 to person to whom domiciliary nursing care benefit is being paid requiring notification of events affecting the payment of carer allowance on and after that day             

123 Carer payment provisions (changes to “severely handicapped person” category with effect from 1 July 1999)             

124 Carer allowance (changes introduced on 1 July 1999).........

125 Transitional regulations arising out of carer allowance changes introduced on 1 July 1999             

121 Changes to newly arrived resident’s waiting period..........

126 Application and transitional provisions relating to fares allowance.

127 Seasonal work carried out in what would have been a seasonal work nonbenefit period extending beyond 30 June 2000             

128 Saving provision—portability rules relating to rates of pension...

129 Application of amendments relating to short residence........

130 Saving provision—other portability rules................

131 Certain payments not recoverable.....................

132 Saving—ABSTUDY recipients......................

133 Meaning of Australian resident

134 Transitional and saving provisions—substitution of Part 3.14....

Schedule 1B—Tables for the assessment of workrelated impairment for disability support pension

Schedule 2—Agreement on Social Security Between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland

Schedule 3—Agreement Between Australia and the Republic of Italy Providing for Reciprocity In Matters Relating to Social Security  [see Note 9]

Schedule 4—Agreement Between the Government of Australia and the Government of New Zealand on Social Security

Schedule 5—Reciprocal Agreement on Social Security Between the Government of Australia and the Government of Canada

Schedule 6—Agreement on Social Security Between Australia and Spain

Schedule 7—Agreement Between Australia and Malta on Social Security

Schedule 8—Agreement Between Australia and the Kingdom of the Netherlands on Social Security

Schedule 9—Agreement Between Australia and Ireland on Social Security

Schedule 10—Agreement Between the Government of Australia and the Government of the Republic of Portugal on Social Security

Schedule 11—Agreement Between Australia and the Republic of Austria on Social Security

Schedule 12—Agreement on Social Security Between Australia and the Republic of Cyprus

Schedule 1Oath and Affirmation

Section 1340 

 

 

OATH

  I,       , swear that I will faithfully and impartially perform the duties of the office of National Convener (or senior member or member) of the Social Security Appeals Tribunal without fear or favour, affection or illwill. So help me God.

AFFIRMATION

  I,       , solemnly and sincerely promise and declare that I will faithfully and impartially perform the duties of the office of National Convener (or senior member or member) of the Social Security Appeals Tribunal without fear or favour, affection or illwill.

 

 

Schedule 1ASavings and transitional provisions

Part 1—General

 

1  Correspondence of pensions, benefits and allowances

 (1) Subject to paragraph (2)(k), for the purposes of this Schedule, a pension, benefit or allowance under this Act and a pension, benefit or allowance under the 1947 Act that have the same name correspond to each other.

 (2) For the purposes of this Schedule:

 (a) a wife’s pension under the 1947 Act and a wife pension under this Act correspond to each other; and

 (b) a carer’s pension under the 1947 Act and a carer pension under this Act correspond to each other; and

 (c) a sole parent’s pension under the 1947 Act and a sole parent pension under this Act correspond to each other; and

 (e) a class B widow’s pension under the 1947 Act and a widow B pension under this Act correspond to each other; and

 (f) an age pension under the 1947 Act payable because of section 26 of that Act and a special needs age pension under this Act correspond to each other; and

 (g) an invalid pension under the 1947 Act payable because of section 29 of that Act and a special needs invalid pension under this Act correspond to each other; and

 (h) a wife’s pension under the 1947 Act payable because of subsection 37(2) of that Act and a special needs wife pension under this Act correspond to each other; and

 (i) a sole parent’s pension under the 1947 Act payable because of subsection 46(1) of that Act and a special needs sole parent pension under this Act correspond to each other; and

 (j) a class B widow’s pension under the 1947 Act payable because of subclause 4(1) of Schedule 1B to that Act and a special needs widow B pension under this Act correspond to each other; and

 (k) a job search allowance under the 1947 Act and a job search allowance under this Act in respect of a person who has not turned 18 correspond to each other; and

 (l) an unemployment benefit under the 1947 Act in respect of a person who has not been in receipt of an old benefit or old benefits for longer than 12 months and a job search allowance under this Act correspond to each other; and

 (m) an unemployment benefit under the 1947 Act in respect of a person who has been in receipt of an old benefit or old benefits for longer than 12 months and a newstart allowance under this Act correspond to each other; and

 (n) a widowed person allowance under the 1947 Act and a bereavement allowance under this Act correspond to each other.

 (3) In paragraphs (2)(l) and (m):

old benefit, in relation to a person, means:

 (a) an unemployment benefit under the 1947 Act; or

 (b) a job search allowance under the 1947 Act; or

 (c) in the case of a person who, but for the abolition of the allowance formerly paid by the Department of Employment, Education and Training and known as the Formal Training Allowance, would have paid that allowance on 1 July 1991—that allowance.

2  Correspondence of provisions

 (1) If one provision of the 1947 Act and one provision of this Act have the same legal effect, the 2 provisions correspond to each other.

 (2) If:

 (a) one provision of the 1947 Act has a particular legal effect in relation to a number of payment types; and

 (b) a provision of this Act has that legal effect in relation to only one of those payment types;

the provisions correspond to each other for the purposes of applying this Schedule to that payment type.

 (3) In this clause:

legal effect includes conferring the power to issue an instrument.

payment type means a pension, benefit or allowance.

2A  References in other Acts and instruments to provisions of the 1947 Act

  A reference in:

 (a) a provision of a law of the Commonwealth or a Territory enacted before 1 July 1991 (whether or not the provision has come into operation); or

 (b) an instrument or document;

to a provision of the 1947 Act is to be construed as a reference to the corresponding provision of the 1991 Act.


Part 2—Savings and Transitional Provisions Applicable on the Transition from the 1947 Act to this Act


Division 4—Continuation of earlier savings provisions

21  Widow’s pension—mental hospital patient partners (changes introduced on 1 November 1980)

 (2) If:

 (a) immediately before 1 November 1980:

 (i) a woman was receiving a widow’s pension under the 1947 Act; and

 (ii) the woman’s husband was a mental hospital patient; and

 (b) at all times since 1 November 1980, the woman’s husband has continued to be a mental hospital patient; and

 (c) the woman does not have an SPP child;

the woman is to be taken to satisfy paragraph 362(1)(c) of this Act (widow B pension).

 (3) For the purposes of subclauses (1) and (2), if the woman’s husband is absent from the mental hospital for a continuous period of 4 weeks or more, he is to be taken to cease to be a mental hospital patient at the end of the 4 week period that starts when the absence starts.

 (4) If:

 (a) subclause (1) or (2) applies to a woman; and

 (b) the woman is qualified for a wife pension; and

 (c) the rate at which a wife pension would be payable to the woman is higher than the rate at which a sole parent or widow B pension would be payable to the woman;

the following provisions apply:

 (d) subclauses (1) and (2) do not prevent the grant to her of a wife pension;

 (e) the grant of a wife pension to her may take effect on and from the date on which the woman became qualified for the wife pension at the higher rate;

 (f) if she is granted a wife pension, subclause (1) or (2) is to be taken to have ceased to apply to her on the day on which the grant of the wife pension takes effect.

22  Benevolent homes (changes introduced on 1 January 1981)

 (1) If:

 (a) immediately before 1 January 1981:

 (i) a person was receiving an age, invalid or class B widow pension under the 1947 Act; and

 (ii) the person was an inmate of a benevolent home; and

 (iii) the person’s pension was being dealt with in accordance with section 50 or 80 of the 1947 Act; and

 (b) at all times since 1 January 1981, the person has been an inmate of a benevolent home;

the following provisions apply to the person’s pension in spite of anything in section 60, 113, 274 or 381 of this Act:

 (c) the person is to be paid so much of the person’s pension as does not exceed:

 (i) if the person is receiving rent assistance—$1,164.80 per year; or

 (ii) if the person is not receiving rent assistance—$1,112.80 per year; and

 (d) the balance (if any) is to be paid to the person controlling the benevolent home for the maintenance of the pensioner in the home.

 (2) Subclause (1) stops applying to the person’s pension if the amount payable under that subclause to the person controlling the benevolent home equals or exceeds the pensioner contribution that would otherwise be payable to that person under section 60, 113, 274 or 381 of this Act.

27  Rent assistance—boarders and lodgers (changes introduced on 13 June 1989)

 (1) If:

 (a) immediately before 13 June 1989:

 (i) a person was receiving a social security pension, a social security benefit or family allowance supplement under the 1947 Act; and

 (ii) the person’s pension, benefit or allowance rate included an amount by way of rent assistance in respect of payments made for board and lodging; and

 (b) at all times since 13 June 1989, the person:

 (i) has been receiving a social security pension, a social security benefit or family allowance supplement; and

 (ii) has been a boarder;

the amount by way of rent assistance included in the person’s pension, benefit or allowance rate is not to fall below the floor amount.

 (2) If:

 (a) a decision is made under the 1947 Act on or after 13 June 1989 that a person is entitled to rent assistance under that Act in respect of a period; and

 (b) the period starts before 13 June 1989; and

 (c) the period continued until at least 12 June 1989;

the person is to be taken, for the purposes of this clause, to have been receiving rent assistance under that Act immediately before 13 June 1989.

 (3) If:

 (a) immediately before 13 June 1989, a person was receiving rent assistance under or because of the Veterans’ Entitlements Act in respect of payments for board and lodging; and

 (b) after that date, the person becomes entitled to be paid a social security pension, social security benefit or family allowance supplement under the 1947 Act or this Act; and

 (c) subsection 30(1) of the Social Security and Veterans’ Affairs Legislation Amendment Act 1988 had not ceased to apply to the person until the person became entitled to that pension, benefit or allowance or would not have ceased to apply to the person until then if the subsection had not been repealed; and

 (d) at all times since the person becomes entitled to that pension, benefit or allowance, the person:

 (i) has been receiving a social security pension, a social security benefit or family allowance supplement; and

 (ii) has been a boarder;

the amount of rent assistance included in the person’s pension, benefit or allowance rate is not to fall below the person’s floor amount.

 (3A) For the purposes of subclauses (1) and (3), the person’s floor amount is the amount worked out using the formula:

where:

preserved rent assistance is the amount worked out under subclause (4).

post1995 increase is the sum of the increases in the amount of the maximum fortnightly rate of any of the following payments to the person after 19 March 1996 (whether or not the type or amount of payment payable to the person varies after that day because the person’s circumstances change):

 (a) a social security benefit;

 (b) a social security pension;

 (c) family payment under this Act as previously in force;

 (ca) family allowance;

 (d) nonbenefit parenting allowance;

 (e) child disability allowance;

 (ea) carer allowance;

 (f) double orphan pension;

 (g) mobility allowance;

 (h) youth training allowance.

 (4) For the purposes of subclause (3A), the person’s preserved rent assistance is the amount by way of rent assistance that would be included in the person’s pension, benefit or allowance rate if:

 (a) that amount were calculated, subject to paragraph (b), under the 1947 Act as in force immediately before 13 June 1989; and

 (b) the 1947 Act as in force at that time were modified as follows:

 (i) the following paragraph applied instead of paragraph 36(1)(a):

 “(a) the person pays, or is liable to pay, rent, other than government rent, at a rate exceeding $1,040 per year;”;

 (ii) “the amount specified in paragraph (1)(a)” were substituted for “$780” in paragraph 36(3)(a);

 (iii) “rent, other than Government rent, at a rate exceeding $1,040” were substituted for “rent at a rate exceeding $780” in paragraph 50(1)(a);

 (iv) the following paragraph applied instead of paragraph 50(2)(b):

 “(b) the amount worked out using the formula:

  where:

  ARP is the annual rent paid or payable by the person.

  RT is the amount specified in paragraph (1)(a).”;

 (v) “rent, other than Government rent, at a rate exceeding $20” were substituted for “rent at a rate exceeding $15” in paragraph 74(2)(c);

 (vi) “the amount specified in paragraph (c)” were substituted for “$15” (last occurring) in subsection 74(2);

 (vii) “the threshold amount” were substituted for “$15” in paragraphs (a) and (b) of the definition of entitlement period in subsection 120(1);

 (viii) the following definition were inserted in subsection 120(1):

  threshold amount means $20.”;

 (ix) “rent, other than Government rent, paid or payable by the person exceeds the threshold amount” were substituted for “rent paid, or payable, by the person exceeds $15” in paragraph 120(5)(a);

 (x) “rent, other than Government rent, paid or payable by a person exceeds the threshold amount” were substituted for “rent paid or payable by the person exceeds $15” in paragraph 120(7)(a); and

 (c) any increases in the amounts being paid by the person from time to time for board and lodging above the level being paid immediately before 12 June 1989 were disregarded.

 (5) Subclause (1) or (3) ceases to apply to a person’s pension, benefit or allowance rate when the amount of rent assistance that the person would be entitled to because of that subclause is less than, or equal to, the amount of rent assistance that the person is entitled to under this Act apart from this clause.

 (6) Subclause (1) or (3) will not apply to a person again once it has ceased to apply to the person.

 (7) References in this clause to payments for board and lodging include references to payments for accommodation and other services that are provided to a person who is residing in a nursing home.

 (8) In this clause:

boarder means a person who ordinarily lives on premises where the person is provided with board and lodging.

28  Rent assistance—retirement village residents (changes introduced on 13 June 1989)

 (1) If:

 (a) immediately before 3 November 1988:

 (i) a person was receiving a social security pension, social security benefit or family allowance supplement; and

 (ii) the person’s pension, benefit or allowance rate included an amount by way of rent assistance under the 1947 Act; and

 (b) at all times since 3 November 1988:

 (i) the person has been entitled to a social security pension, social security benefit or family allowance supplement; and

 (ii) the person’s principal home has been in a retirement village;

the person is to be taken not to be an ineligible homeowner or excluded homeowner for the purposes of this Act.

 (2) If:

 (a) immediately after 13 June 1989:

 (i) a person was receiving a service pension; and

 (ii) the person’s pension rate included an amount by way of rent assistance because of the operation of subsection 31(1) of the Social Security and Veterans’ Affairs Legislation Amendment Act 1988; and

 (b) after 13 June 1989, the person began to receive a social security pension, social security benefit or family allowance supplement under the 1947 Act or this Act; and

 (c) subsection 31(1) of the Social Security and Veterans’ Affairs Legislation Amendment Act 1988 applied to the person at all times between 13 June 1989 and the person’s commencing to receive the social security pension, social security benefit or family allowance supplement or would have applied to the person at all those times if the subsection had not been repealed; and

 (d) at all times since the person commenced to receive the social security pension, social security benefit or family allowance supplement:

 (i) the person has continued to receive a social security pension, social security benefit or family allowance supplement; and

 (ii) the person’s principal home has continued to be in the retirement village;

the person is to be taken not to be an ineligible homeowner or excluded homeowner for the purposes of this Act.

 (3) If subclause (1) or (2) ceases to apply to the person, that subclause does not apply to the person again.

 (4) If a person is entitled to rent assistance because of subclause (1) or (2), any amount that would (apart from this subclause) be payable to the person by way of rent assistance is to be reduced by the sum of the increases in the amount of the maximum fortnightly rate of any of the following payments to the person after 19 March 1996 (whether or not the type or amount of payment payable to the person varies after that day because the person’s circumstances change):

 (a) a social security benefit;

 (b) a social security pension;

 (c) family payment under this Act as previously in force;

 (ca) family allowance;

 (d) nonbenefit parenting allowance;

 (e) child disability allowance;

 (ea) carer allowance;

 (f) double orphan pension;

 (g) mobility allowance;

 (h) youth training allowance.

 (5) Subclause (4) does not apply if:

 (a) the person is entitled to rent assistance because of subclause (1) or (2); and

 (b) the amount of rent assistance payable is worked out under clause 63.

 (6) This clause ceases to apply (and cannot reapply later) to a person if, as a result of the reduction required by subclause (4), no amount would be payable to the person by way of rent assistance.


Part 3—Saving and Transitional Provisions Applicable after the Commencement of this Act

 

36  Incentive allowance (changes introduced on 12 November 1991)

 (1) If:

 (a) a person is qualified for incentive allowance immediately before 12 November 1991; and

 (b) the person is receiving disability support pension on 12 November 1991 because of a determination referred to in clause 33;

the following provisions as in force immediately before 12 November 1991 continue to apply to the person:

 (c) points 1064J1 to 1064J3 (Pension Rate Calculator A); and

 (d) points 1065F1 to 1065F3 (Pension Rate Calculator B).

 (2) If:

 (a) a person was receiving incentive allowance immediately before 12 November 1991; and

 (b) on or after 12 November 1991 the person ceases to be qualified for incentive allowance because the person undertakes vocational training or a rehabilitation program or obtains work; and

 (c) within 2 years after so ceasing to be qualified, the person undertakes an activity that would have qualified him or her for incentive allowance had it been undertaken immediately before 12 November 1991;

the following provisions as in force immediately before 12 November 1991 apply to the person:

 (d) points 1064J1 to 1064J3 (Pension Rate Calculator A); and

 (e) points 1065F1 to 1065F3 (Pension Rate Calculator B).

 (3) If a person’s rate of disability support pension includes an amount for incentive allowance because of subclause (1) or (2) the person’s rate of disability support pension cannot include an amount for rent assistance.

 (4) A person whose rate of disability support pension includes an amount for incentive allowance because of subclause (1) or (2) may elect, by written notice to the Secretary, to have the amount for incentive allowance excluded from the person’s rate.

 (4A) If:

 (a) a person is a member of a couple; and

 (b) the person’s partner is living with the person in their home; and

 (c) the person’s partner’s rate of disability support pension includes an amount for incentive allowance because of subclause (1) or (2);

the person’s rate of disability support pension cannot include an amount for rent assistance.

 (5) If a person referred to in subclause (1) ceases to be qualified for incentive allowance on or after 12 November 1991, subclause (1) ceases to apply to the person and cannot apply to the person again.

41  Members of couples (changes made on 12 March 1992)

 (1) This clause applies to a person if:

 (a) immediately before 12 March 1992:

 (i) the person was receiving a social security pension or a social security benefit; and

 (ii) the person was a member of a couple; and

 (iii) the person’s partner:

 (A) was not receiving a social security pension; and

 (B) was not receiving a social security benefit; and

 (C) was not receiving a service pension; and

 (b) the clause has not ceased to apply to the person.

 (2) This clause ceases to apply to a person if:

 (a) the person ceases to receive that pension or benefit; or

 (b) the rate of pension or benefit that would be payable to the person if this clause applied is less than the rate that would otherwise be payable; or

 (c) the person ceases to be a member of that couple; or

 (d) the person’s partner receives:

 (i) a social security pension; or

 (ii) a social security benefit; or

 (iii) a service pension.

 (3) If this clause applies to a person, the rate of the person’s pension or benefit is to be calculated by using the appropriate Pension or Benefit Rate Calculator as if:

 (a) Pension Rate Calculator A were modified as specified in clause 42; and

 (b) Pension Rate Calculator B were modified as specified in clause 43; and

 (c) Pension Rate Calculator C were modified as specified in clause 44; and

 (d) Pension Rate Calculator D were modified as specified in clause 45; and

 (e) Pension Rate Calculator E were modified as specified in clause 46; and

 (g) Benefit Rate Calculator B were modified as specified in clause 48.

42  Modifications of Pension Rate Calculator A (changes made on 12 March 1992)

 (1) If clause 41 and Pension Rate Calculator A in section 1064 apply to a person, the rate of the person’s pension is to be calculated as if:

 (a) point 1064B1 were omitted and the following point were substituted:

Maximum basic rate

“1064B1 A person’s maximum basic rate is $7,841.60 per year ($301.60 per fortnight).”;

 (b) point 1064H2 were omitted and the following point were substituted:

Rate of remote area allowance

“1064H2 The rate of remote area allowance payable to a person is worked out using Table H. The rate is the amount in column 1 plus an additional amount in column 3 for each pension or benefit increase child of the person.

 

Table H—Remote area allowance

Column 1

Basic allowanceper year

Column 2

Basic allowance per fortnight

Column 3

Additional allowance per year

Column 4

Additional allowance per fortnight

$364.00

$14.00

$182.00

$7.00

”.

 (2) If this clause applies to a person, the person’s rate of pension is not to exceed twice the rate at which the pension would be payable to the person if the person’s partner were receiving a social security pension, a social security benefit or a service pension at a rate not more than $6,539.00 per year.

43  Modifications of Pension Rate Calculator B (changes made on 12 March 1992)

 (1) If clause 41 and Pension Rate Calculator B in section 1065 apply to a person, the rate of the person’s pension is to be calculated as if:

 (a) point 1065B1 were omitted and the following point were substituted:

Maximum basic rate

“1065B1 A person’s maximum basic rate is $7,841.60 per year ($301.60 per fortnight).”;

 (b) point 1065E2 were omitted and the following point were substituted:

Rate of remote area allowance

“1065E2 The rate of remote area allowance payable to a person is worked out using Table E. The rate is the amount in column 1 plus an additional amount in column 3 for each pension or benefit increase child of the person.

 

Table E—Remote area allowance

Column 1

Basic allowanceper year

Column 2

Basic allowance per fortnight

Column 3

Additional allowance per year

Column 4

Additional allowance per fortnight

$364.00

$14.00

$182.00

$7.00

”.

 (2) If this clause applies to a person, the person’s rate of pension is not to exceed twice the rate at which the pension would be payable to the person if the person’s partner were receiving a social security pension, a social security benefit or a service pension at a rate not more than $6,539.00 per year.

44  Modifications of Pension Rate Calculator C (changes made on 12 March 1992)

  If clause 41 and Pension Rate Calculator C in section 1066 apply to a person, the rate of the person’s pension is to be calculated as if point 1066H2 were omitted and the following point were substituted:

Rate of remote area allowance

“1066H2 The rate of remote area allowance payable to a person is worked out using Table H. The rate is the amount in column 1 plus an additional amount in column 3 for each pension or benefit increase child of the person.

 

Table H—Remote area allowance

Column 1

Basic allowance per year

Column 2

Basic allowance per fortnight

Column 3

Additional allowance per year

Column 4

Additional allowance per fortnight

$364.00

$14.00

$182.00

$7.00

”.

45  Modifications of Pension Rate Calculator D (changes made on 12 March 1992)

 (1) If clause 41 and Pension Rate Calculator D in section 1066A apply to a person, the rate of the person’s pension is to be calculated as if point 1066AI2 were omitted and the following point were substituted:

Rate of remote area allowance

“1066AI2 The rate of remote area allowance payable to a person is worked out using Table I. The rate is the amount in column 1 plus an additional amount in column 3 for each pension or benefit increase child of the person.

Table I—Remote area allowance

Column 1

Basic allowance per year

Column 2

Basic allowance per fortnight

Column 3

Additional allowance per year

Column 4

Additional allowance per fortnight

$364.00

$14.00

$182.00

$7.00

”.

 (2) If this clause applies to a person, the person’s rate of pension is not to exceed twice the rate at which the pension would be payable to the person if the person’s partner were receiving a social security pension, a social security benefit or a service pension at a rate not more than $6,539.00 per year.

46  Modifications of Pension Rate Calculator E (changes made on 12 March 1992)

 (1) If clause 41 and Pension Rate Calculator E in section 1066B apply to a person, the rate of the person’s pension is to be calculated as if point 1066BF2 were omitted and the following point were substituted:

  Rate of remote area allowance

“1066BF2. The rate of remote area allowance payable to a person is worked out using Table F. The rate is the amount in column 1 plus an additional amount in column 3 for each pension or benefit increase child of the person.

 

Table F—Remote area allowance

Column 1

Basic allowance per year

Column 2

Basic allowance per fortnight

Column 3

Additional allowance per year

Column 4

Additional allowance per fortnight

$364.00

$14.00

$182.00

$7.00

”.

 (2) If this clause applies to a person, the person’s rate of pension is not to exceed twice the rate at which the pension would be payable to the person if the person’s partner were receiving a social security pension, a social security benefit or a service pension at a rate not more than $6,539.00 per year.

48  Modifications of Benefit Rate Calculator B (changes made on 12 March 1992)

  If clause 41 and Benefit Rate Calculator B in section 1068 apply to a person, the rate of the person’s pension is to be calculated as if:

 (a) point 1068A1 were omitted and the following point were substituted:

Interim total

“1068A1. The rate of benefit is a fortnightly rate.

Method statement

Step 1. Work out the person’s maximum basic rate using MODULE B below.

Step 2. Work out any additional payment for a partner using MODULE C below.

Step 3. Work out any supplementary amount in respect of the person using MODULE D below.

Step 4. Work out any applicable additional amount for children using MODULE E below.

Step 5. Work out any applicable additional amount for rent using MODULE F below.

Step 6. Add up the amounts obtained in Steps 1 to 5: the result is called the maximum payment rate.

Step 7. Apply the ordinary income test using MODULE G below to work out the reduction for ordinary income.

Step 8. Apply the maintenance income test using MODULE H below to work out the reduction for maintenance income.

Step 9. Add up the reductions for ordinary income and maintenance income: the result is called the total income reduction.

Step 10. The rate of benefit is the difference between:

 (a) the maximum payment rate; and

 (b) the total income reduction;

 plus any amount payable by way of remote area allowance (see MODULE J below).

Note: if a person’s rate is reduced under Step 10, the order in which the reduction is to be made against the components of the maximum payment rate is laid down by section 1207 (maximum basic rate and additional amount for partner first, then rent assistance and finally child amounts).”.

 (b) after Module C the following Module were inserted:

Module D—Supplementary Amount for Member of Couple in Some Circumstances

Interim total of members of couples in which partner receives neither pension nor benefit not to fall below comparable ‘single’ MBR

“1068D1. A supplementary amount is to be added to a person’s maximum basic rate if:

 (a) the person is a member of a couple; and

 (b) the person’s partner:

 (i) is not receiving a social security pension; and

 (ii) is not receiving a service pension; and

 (iii) is not receiving a social security benefit; and

 (iv) is not receiving an AUSTUDY allowance; and

 (v) is not receiving an ABSTUDY allowance; and

 (c) either:

 (i) no amount is to be added to the person’s maximum basic rate under point 1068C1; or

 (ii) the amount to be added to the person’s maximum basic rate under point 1068C1 is reduced under point 1068C5; and

 (d) the person’s interim total is less than the comparable ‘single’ MBR for the person.

Note 1: for interim total see point 1068D2 below.

Note 2: for comparable ‘single’ MBR see point 1068D3 below.

Interim total

“1068D2. A person’s interim total is the sum of the person’s maximum basic rate and the amount (if any) to be added under Module C.

Comparable ‘single’ MBR

“1068D3. The comparable ‘single’ MBR for a person is:

 (a) if the person has a dependent child—the rate specified under column 3A against item 1 in Table B in point 1067B1 of Benefit Rate Calculator A; or

 (b) if the person does not have a dependent child—the rate specified under column 3B against:

 (i) in the case of a person who has turned 18 but not 21—item 1; or

 (ii) in the case of a person who has turned 21—item 3;

  in Table B of point 1068B1 of this Benefit Rate Calculator.

Rate of supplementary amount

“1068D4. The supplementary amount is the difference between the person’s interim total and the comparable ‘single’ MBR for the person.”.

 (c) point 1068J3 were omitted and the following point substituted:

Rate of remote area allowance

“1068J3. The rate of remote area allowance payable to a person is worked out using Table J. The rate is the amount in column 1 plus an additional amount in column 2 for each pension or benefit increase child of the person.

 

Table J—Remote area allowance

Column 1

Basic allowance

Column 2

Additional allowance for each pension or benefit increase child

$14.00

$7.00

”.

49  Modifications of pharmaceutical allowance rates (changes made on 12 March 1992)

 (1) This clause applies to a person if:

 (a) immediately before 12 March 1992:

 (i) the person was receiving pharmaceutical allowance; and

 (ii) the person was a member of a couple; and

 (iii) the person’s partner:

 (A) was not receiving a social security pension; and

 (B) was not receiving a social security benefit; and

 (C) was not receiving a service pension; and

 (b) this clause has not ceased to apply to the person.

 (2) This clause ceases to apply to a person if:

 (a) the person ceases to be qualified for pharmaceutical allowance; or

 (aa) neither a social security pension nor a social security benefit nor a service pension is payable to the person; or

 (b) the rate of pharmaceutical allowance that would be payable to the person if this clause applied is less than the rate that would otherwise be payable; or

 (c) the person ceases to be a member of that couple; or

 (d) the person’s partner receives:

 (i) a social security pension; or

 (ii) a social security benefit; or

 (iii) a service pension.

 (3) If this clause applies to a person, the rate of the person’s pharmaceutical allowance is to be calculated until 31 December 1992 as if the Pharmaceutical Allowance Rate Table in section 1061C were omitted and the following Table substituted:

 

Pharmaceutical allowance rate table

Column 1

Item

Column 2

Person’s family situation

Column 3

Rate per fortnight

1.

Not member of a couple

$5.20

2.

Partnered (partner getting neither social security pension nor benefit)

$5.20

3.

Partnered (partner getting social security pension or benefit)

$2.60

4.

Member of an illness separated or respite care couple

$5.20

5.

Partnered (partner getting service pension)

$2.60

 (4) If item 5 in the Table applies to a person, item 2 does not apply to the person.

 (5) If:

 (a) this clause applies to a person; and

 (b) the person is receiving a social security pension;

the person’s pension rate is to be calculated as from 1 January 1993 using the following Table to work out the amount of pharmaceutical allowance to be added to the person’s maximum basic rate:

 

Pharmaceutical allowance amount table

Column 1

Item

Column 2

Person’s family situation

Column 3

Amount per year

Column 4

Amount per fortnight

1.

Not member of a couple

$135.20

$5.20

2.

Partnered (partner getting neither social security pension nor benefit)

$135.20

$5.20

3.

Partnered (partner getting social security pension or benefit)

$67.60

$2.60

4.

Member of an illness separated or respite care couple

$135.20

$5.20

5.

Partnered (partner getting service pension)

$67.60

$2.60

 (6) If:

 (a) this clause applies to a person; and

 (b) the person is receiving a social security benefit;

the person’s benefit rate is to be calculated as from 1 January 1993 using the following Table to work out the amount of pharmaceutical allowance to be added to the person’s maximum basic rate:

 

Pharmaceutical allowance amount table

Column 1

Item

Column 2

Person’s family situation

Column 3

Amount per fortnight

1.

Not member of a couple

$5.20

2.

Partnered (partner getting neither social security pension nor benefit)

$5.20

3.

Partnered (partner getting social security pension or benefit)

$2.60

4.

Member of an illness separated or respite care couple

$5.20

5.

Partnered (partner getting service pension)

$2.60

63  Rent assistance (changes introduced on 20 March 1993)

 (1) This clause applies to a person if:

 (a) immediately before 20 March 1993:

 (i) the person was receiving a social security pension, a social security benefit or additional family payment; and

 (ii) the person’s pension, benefit or payment rate included an amount by way of rent assistance; and

 (b) this subclause has continued to apply to the person.

 (2) If:

 (a) a decision is made on or after 20 March 1993 that a person is entitled to rent assistance in respect of a period; and

 (b) the period starts before 20 March 1993; and

 (c) the period continued until at least 19 March 1993;

the person is taken, for the purposes of this clause, to have been receiving rent assistance under this Act immediately before 20 March 1993.

 (3) This clause applies to a person if:

 (a) immediately before 20 March 1993, the person was receiving rent assistance under or because of the Veterans’ Entitlement Act; and

 (b) after that date, the person becomes entitled to be paid a social security pension, a social security benefit or additional family payment; and

 (c) this subclause has continued to apply to the person.

 (3A) Subject to subclauses (7), (8) and (9), if this clause applies to a person, the amount by way of rent assistance to be used to calculate the person’s pension, benefit or payment rate is the amount (the floor amount) worked out using the formula:

where:

preserved rent assistance is the amount worked out under subclause (4).

post1995 increase is the sum of the increases in the amount of the maximum fortnightly rate of any of the following payments to the person after 19 March 1996 or the later day (the application day) this clause first applied to the person (whether or not the type or amount of payment payable to the person varies after 19 March 1996 or the application day because the person’s circumstances change):

 (a) a social security benefit;

 (b) a social security pension;

 (c) family payment under this Act as previously in force;

 (ca) family allowance;

 (d) nonbenefit parenting allowance;

 (e) child disability allowance;

 (ea) carer allowance;

 (f) double orphan pension;

 (g) mobility allowance;

 (h) youth training allowance.

 (4) For the purposes of subclause (3A), the preserved rent assistance is the amount by way of rent assistance that would be included in the person’s pension, benefit or payment rate if:

 (a) the person’s pension, benefit or payment rate were neither income reduced nor assets reduced; and

 (b) the amount by way of rent assistance were calculated under this Act as in force immediately before 20 March 1993.

 (5) Subject to subclause (6), subclause (1) or (3) ceases to apply to a person if:

 (a) the person ceases to receive a social security pension, social security benefit or additional family payment; or

 (b) the person ceases to be qualified for rent assistance; or

 (c) the Secretary considers that there is a significant change in the person’s circumstances that would affect the amount of rent assistance that is payable to the person apart from this clause; or

 (d) the amount of rent assistance that would be payable to the person if this clause applied is less than (or equal to) the amount of rent assistance that would otherwise be payable.

 (6) If:

 (a) subclause (1) or (3) ceases to apply to a person; and

 (b) within 42 days, or such longer period as the Secretary determines, of that subclause ceasing to apply to the person, there is a change in the person’s circumstances; and

 (c) the Secretary considers that the change in the person’s circumstances is so significant that subclause (1) or (3) should apply to the person;

the Secretary may determine that subclause (1) or (3) is to apply to the person from a specified date.

 (7) If:

 (a) subclause (1) or (3) applies to a person; and

 (b) the person becomes a member of a couple; and

 (c) the person’s partner is a person to whom subclause (1) or (3) applies;

the amount by way of rent assistance to be used to calculate the person’s pension, benefit or payment rate and the amount by way of rent assistance to be used to calculate the person’s partner’s pension, benefit or payment rate is not to fall below onehalf of the person’s floor amount or onehalf of the person’s partner’s floor amount, whichever is the greater.

 (8) If:

 (a) subclause (1) or (3) applies to a person; and

 (b) the person becomes a member of a couple; and

 (c) the person’s partner is a person to whom section 111 of the Veterans’ Affairs Legislation Amendment Act (No. 2) 1992 applies or would apply if it had not been repealed;

the amount by way of rent assistance to be used to calculate the person’s pension, benefit or payment rate is not to fall below onehalf of the person’s floor amount or onehalf of the person’s partner’s floor amount, whichever is the greater.

 (9) If:

 (a) subclause (1) or (3) applies to a person; and

 (b) the person becomes a member of a couple; and

 (c) the person’s partner is not a person to whom subclause (1) or (3) applies; and

 (d) the person’s partner is not a person to whom section 111 of the Veterans’ Affairs Legislation Amendment Act (No. 2) 1992 applies or would apply if it had not been repealed; and

 (e) the person’s partner is a person who is receiving a pension, benefit or additional family payment or a pension under Part III of the Veterans’ Entitlements Act 1986;

the amount by way of rent assistance to be used to calculate the person’s pension, benefit or additional family payment rate and the amount by way of rent assistance to be used to calculate the rate of the person’s partner’s pension, benefit or additional family payment is not to fall below the person’s floor amount.

 (10) If:

 (a) a person is receiving a social security pension or a social security benefit; and

 (b) neither subclause (1) nor (3) applies to the person; and

 (c) the person has become or becomes a member of a couple; and

 (d) the person’s partner is receiving a pension under the Veterans’ Entitlements Act 1986 and is a person to whom clause 5 of Schedule 5 to that Act applies;

the amount by way of rent assistance to be used to calculate the rate of the person’s social security pension or social security benefit is not to fall below onehalf of the amount that would be the person’s partner’s floor amount if subclause (1) or (3) applied to the partner.

67  Sickness allowance for people on rehabilitation programs (changes introduced on 20 March 1994)

 (1) Subsections 667(1) and (2), as in force immediately before 20 March 1994, continue to apply to a person who started a rehabilitation program before 20 March 1994.

 (2) Subclause (1) ceases to apply to the person when the person finishes the rehabilitation program.

69B  Saving of job search allowance and newstart allowance deferment determinations

 (1) If:

 (a) before 4 July 1994, the Secretary determined under an automatic deferment provision a day on which a deferment period was to commence under that provision; and

 (b) that day did not occur before 4 July 1994;

the Secretary’s determination has effect after 4 July 1994 as if it had been made under section 546B, 547B, 630B or 631B, whichever is applicable.

 (2) For the purposes of the operation of subclause (1), subsection 546B(4), 547B(4), 630B(4) or 631B(4), as the case requires, is taken not to apply.

74  Partner allowance for persons born on or before 1 July 1955 (changes made on 1 July 1995)

 (1) If:

 (a) a person was receiving partner allowance immediately before 1 July 1995; and

 (b) the person was born on or before 1 July 1955;

the person need not satisfy paragraph 771HA(1)(h) in order to be qualified for partner allowance.

 (2) If partner allowance ceases to be payable to a person referred to in subclause (1):

 (a) that subclause ceases to apply to the person; and

 (b) cannot apply to the person again.

80  Income determinations (changes made on 1 January 1996)

 (1) Sections 884, 885 and 886 as in force immediately before 1 January 1996 continue to apply in relation to payments made in respect of family payment paydays that occurred before that date.

 (2) Sections 884, 885 and 886 as in force on 1 January 1996 apply in relation to:

 (a) all payments of family payment made on or after that date; and

 (b) all payments of family allowance made on or after 1 April 1998.

86  Transitional and saving provisions applicable to the amendments relating to the pension loans scheme

 (1) If:

 (a) a person has made a request to participate in the previous pension loans scheme; and

 (b) Schedule 7 to the Amending Act commences before the first pension payday after the lodging of the request;

for the purposes of this clause, the person is to be treated as a person who is participating in the previous pension loans scheme.

 (2) Subject to subclause (3), in relation to a person who is participating in the previous pension loans scheme, subsection 11(1), paragraph 23(11)(b), subsection 1118(1) and Division 4 of Part 3.12 of this Act, as in force immediately before the commencement of Schedule 7 to the Amending Act, continue to have effect as if the Amending Act had not been enacted.

 (3) If a person who is participating in the previous pension loans scheme:

 (a) is qualified to participate in the current pension loans scheme; and

 (b) makes a request to participate in the current scheme;

and the Secretary is satisfied that the amount of any debt that would become payable by the person to the Commonwealth under the current scheme would be readily recoverable, the current scheme applies to the person on and after the first pension payday after the request is lodged.

 (4) The debt owed by a person who was participating in the previous pension loans scheme and who is participating in the current pension loans scheme by operation of subclause (3) is, for the purposes of working out the debt owed by the person under the current scheme, to be added to the basic amount of debt accrued under the current scheme.

 (5) In this clause:

Amending Act means the Social Security and Veterans’ Affairs Legislation Amendment Act 1995.

current pension loans scheme means the pension loans scheme in operation under the provisions of this Act, as amended by the Amending Act.

previous pension loans scheme means the pension loans scheme in operation under the provisions of this Act, as in force immediately before the commencement of Schedule 7 to the Amending Act.

88  Saving: Determinations under repealed sections 1099E and 1099L

  A determination in force under section 1099E or 1099L immediately before the commencement of this clause continues to have effect after that commencement as if:

 (a) section 1084 of this Act, as in force immediately after the commencement of this clause, had been in force when the determination was made; and

 (b) the determination had been made under that section as so in force; and

 (c) any reference in the determination to section 1099B, 1099J or 1099K were a reference to sections 1076 to 1078 of this Act.

96  Application and saving provisions: advance payment provisions

 (1) Subject to subclauses (2), (3) and (4), Parts 2.22 and 3.16A of this Act, as amended by the amending Act, apply in relation to:

 (a) all applications for an advance payment of a social security entitlement made on or after 1 January 1997; and

 (b) all advance payments of social security entitlements made on or after that day.

 (2) If:

 (a) a person made an application for an advance payment of a social security entitlement under Part 2.22 of this Act before 1 January 1997; and

 (b) the application was not determined before that day; and

 (c) the person was not qualified for the advance payment under this Act, as in force immediately before that day;

Parts 2.22 and 3.16A of this Act, as amended by the amending Act, apply in relation to the application, and to any advance payment of a social security entitlement made pursuant to the application.

 (3) If:

 (a) a person made an application for an advance payment of a social security entitlement under Part 2.22 of this Act before 1 January 1997; and

 (b) the application was not determined before that day; and

 (c) the person was qualified for the advance payment under this Act, as in force immediately before that day;

Parts 2.22 and 3.16A of this Act, as so in force, continue to apply in relation to the application, and to any advance payment of a social security entitlement made pursuant to the application.

 (4) If:

 (a) a person receives the amount of an advance payment of a social security entitlement in a single lump sum, or the first instalment of such an amount, on or after 1 January 1997; and

 (b) the relevant application for the advance payment was made before 1 January 1997; and

 (c) subclause (3) applies in relation to the application;

paragraph 1061A(4)(c) of this Act, as amended by the amending Act, does not apply in relation to any application made by the person for another advance within 12 months from the day the lump sum or instalment was paid.

 (5) In this clause:

amending Act means the Social Security Legislation Amendment (Budget and Other Measures) Act 1996.

96A  Application of revised Schedule 1B

 (1) Subject to subclause (2), this Act, as amended by items 1, 2 and 4 of Schedule 16 of the amending Act, applies to claims lodged on or after the date of commencement of those items.

 (2) Despite section 8 of the Acts Interpretation Act 1901, the amendments made by items 1, 2 and 4 of Schedule 16 to the amending Act, apply in relation to:

 (a) all medical, psychiatric or psychological examinations attended, or reports required, under subsection 105(1) on or after the date of commencement of those items; and

 (b) all legal proceedings, applications for review of decisions, or determinations, to the extent that the proceedings, applications or determinations relate to, or involve, a medical, psychiatric or psychological examination referred to in paragraph (a).

 (3) In this clause:

amending Act means the Social Security and Veterans’ Affairs Legislation Amendment (Family and Other Measures) Act 1997.

98  Application and transitional provisions: amendments relating to tightening the activity test administration and simplifying the penalty periods that apply to youth training allowance

 (1) Subject to subclauses (2), (3) and (4), this Act, as amended by Parts 3 and 4 of Schedule 5 to the amending Act, applies to events occurring on or after 20 March 1997.

 (2) Subject to subclause (4), if, immediately before 20 March 1997, a person was subject to an activity test deferment period or an administrative breach deferment period that would end on or after 20 March 1997, then, despite the amendments made by Parts 3 and 4 of Schedule 5 to the amending Act, this Act, as in force immediately before 20 March 1997 continues to apply to the person in relation to that period.

 (3) If:

 (a) immediately before 20 March 1997, a person was subject to an administrative breach deferment period that would end on or after 20 March 1997; and

 (b) an activity test deferment period or an administrative breach rate reduction period applies to the person on or after 20 March 1997;

then, despite the amendments made by Part 3 of Schedule 5 to the amending Act, the activity test deferment period or administrative breach rate reduction period commences the day after the end of the administrative breach deferment period.

 (4) If:

 (a) an event occurs before 20 March 1997 that results in a person being subject to an activity test deferment period or an administrative breach deferment period; and

 (b) the period referred to in paragraph (a) has not commenced before 20 March 1997;

this Act applies as if the amendments made by Parts 3 and 4 of Schedule 5 had commenced the day before the event referred to in paragraph (a) occurred.

 (5) In this clause:

amending Act means the Social Security Legislation Amendment (Budget and Other Measures) Act 1996.

99  Application provision: amendments relating to unemployment due to industrial action

  This Act, as amended by Schedule 6 to the Social Security Legislation Amendment (Budget and Other Measures) Act 1996, applies to all persons who cease industrial action on or after 1 January 1997.

100  Application provision: amendments relating to the abolition of the minimum rate of payment to under 18 year old sickness allowance and newstart allowance recipients

  This Act, as amended by Parts 1 and 2 of Schedule 3 to the Social Security Legislation Amendment (Budget and Other Measures) Act 1996, applies in respect of sickness allowance and newstart allowance for any payment fortnight starting on or after 1 January 1997.

101  Application provision: abolition of the earnings credit scheme

  This Act, as amended by Schedule 10 to the Social Security Legislation Amendment (Budget and Other Measures) Act 1996, applies:

 (a) in respect of social security benefits (other than parenting allowance)—for any payment period (within the meaning of that term in section 42 as in force immediately before the commencement of Schedule 1 to the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999, as in force immediately before the commencement of Schedule 1 to the Social Security and Veterans’ Affairs Legislation Amendment (Payment Processing) Act 1998) starting on or after 20 March 1997; or

 (b) in respect of a paydaybased payment (within the meaning of that term in section 42 as in force immediately before the commencement of Schedule 1 to the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999, as in force immediately before the commencement of Schedule 1 to the Social Security and Veterans’ Affairs Legislation Amendment (Payment Processing) Act 1998)—the first payday that occurs on or after 20 March 1997 and subsequent paydays; or

 (c) in respect of any social security payment, on the first day after the commencement of Schedule 1 to the Social Security and Veterans’ Affairs Legislation Amendment (Payment Processing) Act 1998 on which instalments of a social security payment are paid and every day thereafter on which such instalments are paid; or

 (c) in respect of any social security payment, on the first day after the commencement of Schedule 1 to the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 on which instalments of a social security payment are paid and every day thereafter on which such instalments are paid.

102  Application provision: amendments relating to the application of the below threshold deeming rate

  This Act, as amended by Schedule 17 to the Social Security Legislation Amendment (Budget and Other Measures) Act 1996, applies:

 (a) in respect of social security benefits (other than parenting allowance)—for any fortnight starting on or after 20 March 1997; or

 (b) in respect of a paydaybased payment (within the meaning of that term in section 42, as in force immediately before the commencement of Schedule 1 to the Social Security and Veterans’ Affairs Legislation Amendment (Payment Processing) Act 1998)—the first payday that occurs on or after 20 March 1997 and subsequent paydays; or

 (c) in respect of any social security payment, the first day after the commencement of Schedule 1 to the Social Security and Veterans’ Affairs Legislation Amendment (Payment Processing) Act 1998 on which instalments of a social security payment are paid and every day thereafter on which such instalments are paid.

102A  Application and transitional provisions: amendments relating to simplifying the penalty periods that apply to newstart allowance

 (1) Subject to subclauses (2), (3), (4) and (5), this Act, as amended by Schedule 1 to the amending Act, applies to events occurring on or after the commencement.

 (2) If, immediately before the commencement, a person was subject to an activity test deferment period that would end on or after the commencement, then, despite the amendments made by Schedule 1 to the amending Act, this Act, as in force immediately before the commencement, continues to apply to the person in relation to that period.

 (3) If:

 (a) an event occurs before the commencement that would, apart from this subclause, result in a person being subject to an activity test deferment period or an administrative breach rate reduction period; and

 (b) the period referred to in paragraph (a) has not commenced before the commencement; and

 (c) an action has occurred or a decision has been taken under this Act in relation to the application of the activity test deferment period or the administrative breach rate reduction period to the person;

then:

 (d) this Act, as amended by Schedule 1 to the amending Act, applies to the event referred to in paragraph (a) from the commencement; and

 (e) despite the fact that the event occurred before the commencement, the period or periods are to begin on the commencement.

 (4) If subclauses (2) and (3) both apply, then, despite any other provision of this Act, only the restrictions on payments relating to the activity test deferment period are to apply to the person during the period of overlap.

 (5) If:

 (a) an event occurs before the commencement that would, apart from this subclause, result in a person being subject to an activity test deferment period or an administrative breach rate reduction period; and

 (b) the period referred to in paragraph (a) has not commenced before the commencement; and

 (c) before the commencement, neither an action has occurred, nor a decision been taken, under this Act relating to the application of the activity test deferment period to the person;

this Act, as amended by Schedule 1 to the amending Act, applies to the event referred to in paragraph (a) as if the event occurred on the commencement.

 (6) In this clause:

amending Act means the Social Security Legislation Amendment (Activity Test Penalty Periods) Act 1997.

commencement means the commencement of this clause.

102AA  Review of decisions under section 5 of the Aged Care Income Testing Act 1997

 (1) If:

 (a) before the commencement day, the Secretary was, under section 1239 of this Act, reviewing a decision made under section 5 of the Aged Care Income Testing Act 1997; and

 (b) as at the commencement day, the Secretary had not yet:

 (i) affirmed the decision; or

 (ii) varied the decision; or

 (iii) set the decision aside and substituted a new decision;

the review of the decision has effect, on and after the commencement day, as if it were a review by the Secretary of a decision made under section 4424 of the Aged Care Act 1997.

 (2) In this clause:

commencement day means the day on which the Aged Care Act 1997 (other than Division 1 of that Act) commences.

102B  Applications for review of decisions made under section 5 of the Aged Care Income Testing Act 1997

 (1) If:

 (a) before the commencement day, a person had, under section 1240 of this Act, applied to the Secretary for review of a decision made under section 5 of the Aged Care Income Testing Act 1997; and

 (b) as at the commencement day, the Secretary had not yet:

 (i) affirmed the decision; or

 (ii) varied the decision; or

 (iii) set the decision aside and substituted a new decision;

the application for review of the decision has effect, on and after the commencement day, as if it were an application made on that day for review of a decision made under section 4424 of the Aged Care Act 1997.

 (2) In this clause:

commencement day means the day on which the Aged Care Act 1997 (other than Division 1 of that Act) commences.

102C  Review by SSAT of decisions relating to determinations under section 5 of the Aged Care Income Testing Act 1997

 (1) If:

 (a) before the commencement day, a person had, under section 1247 of this Act, applied to the SSAT for review of a decision; and

 (b) the decision related to a determination under section 5 of the Aged Care Income Testing Act 1997; and

 (c) as at the commencement day, the SSAT had not yet made a decision on the review;

the application for review has effect, on and after the commencement day, as if it were an application for review of a decision relating to a determination made under section 4424 of the Aged Care Act 1997.

 (2) In this clause:

commencement day means the day on which the Aged Care Act 1997 (other than Division 1 of that Act) commences.

102D  Review by AAT of decisions relating to determinations under section 5 of the Aged Care Income Testing Act 1997

 (1) If:

 (a) before the commencement day, a person had, under section 1282 of this Act, applied to the AAT for review of a decision; and

 (b) the decision related to a determination under section 5 of the Aged Care Income Testing Act 1997; and

 (c) as at the commencement day, the AAT had not yet made a decision on the review;

the application for review has effect, on and after the commencement day, as if it were an application for review of a decision relating to a determination made under section 4424 of the Aged Care Act 1997.

 (2) In this clause:

commencement day means the day on which the Aged Care Act 1997 (other than Division 1 of that Act) commences.

102E  Application provision—abolition of residential care allowance and amendments relating to rent assistance

 (1) The amendments to this Act made by Parts 1, 2 and 4 of Schedule 3 to the Aged Care (Consequential Provisions) Act 1997 apply:

 (a) to an instalment of social security benefit payable in respect of a period starting on or after the day on which the Aged Care Act 1997 commences; and

 (b) to a payment of social security pension in respect of a pension period starting after that day.

103  Application provision: income maintenance periods

 (1) This Act, as amended by Part 1 of Schedule 7 to the amending Act, applies in relation to leave payments that are received on or after 20 September 1997.

 (2) For the purposes of this section, a person (the first person) is taken to receive a leave payment if the payment is made to another person:

 (a) at the direction of the first person or a court; or

 (b) on behalf of the first person; or

 (c) for the benefit of the first person; or

the first person waives or assigns the first person’s right to receive the payment.

 (3) In this section:

amending Act means the Social Security Legislation Amendment (Budget and Other Measures) Act 1996.

leave payment includes payments in respect of sick leave, annual leave, maternity leave, and long service leave.

104  Application provision: amendments relating to the liquid assets test waiting period

  This Act, as amended by Part 2 of Schedule 7 to the Social Security Legislation Amendment (Budget and Other Measures) Act 1996, applies to all claims lodged on or after 20 September 1997.

104A  Application provision: amendments relating to means test exemption for superannuation assets

  If:

 (a) a person receives a periodbased social security payment paid in arrears; and

 (b) the person’s first payday after 20 September 1997 is within 2 weeks of that day; and

 (c) the person’s rate of payment is affected by the amendments made by Schedule 1 to the Social Security Legislation Amendment (Further Budget and Other Measures) Act 1996;

the person’s rate of payment for that payday is to be calculated on a pro rata basis under this Act as in force both immediately before and immediately after the commencement of that Schedule.

105  Application and saving provisions: debts due to the Commonwealth and their recovery

 (1) For the avoidance of doubt, and without affecting the operation of section 8 of the Acts Interpretation Act 1901, Part 2 of Schedule 18 to the amending Act does not:

 (a) affect the operation of Part 5.2 or 5.3 of this Act before 1 October 1997; or

 (b) extinguish the amount of any debt due to the Commonwealth arising before 1 October 1997 that was outstanding at the start of that day; or

 (c) prevent the recovery, on or after 1 October 1997, of any such outstanding amount.

 (2) Sections 1230C and 1236 of this Act, as amended by the amending Act, apply in relation to:

 (a) debts arising on or after 1 October 1997; and

 (b) the amounts of debts arising before that day that were outstanding at the start of that day.

 (3) Section 1237A of this Act, as amended by the amending Act, applies in relation to debts arising before, on or after 1 October 1997.

 (4) Despite section 8 of the Acts Interpretation Act 1901, if a legal proceeding or an application for review of a decision:

 (a) relates to, or otherwise involves, a provision of Part 5.2, 5.3 or 5.4 of this Act; and

 (b) is not finally determined before 1 October 1997;

the proceeding or application must, if continued, be determined as if it had been instituted on that day, and this Act, as amended by Schedule 18 to the amending Act, applies to the proceeding or application accordingly.

 (5) In this clause:

amending Act means the Social Security Legislation Amendment (Budget and Other Measures) Act 1996.

105A  Parenting payment (changes introduced 20 March 1998)

Continuing effect of determinations etc. in force or effective before 20 March 1998

 (1) If a determination, notice, statement or other instrument relating to sole parent pension or to parenting allowance was in force or had effect immediately before 20 March 1998, it continues in force on and after that date as if it had been made or given under this Act in relation to parenting payment.

Pending claims for sole parent pension or parenting allowance

 (2) If:

 (a) a person lodged a claim for sole parent pension or parenting allowance under this Act before 20 March 1998; and

 (b) the claim was not determined before that date;

the claim has effect on and after that date as if it were a claim for parenting payment.

Claims made on or after 20 March 1998 in respect of periods before 20 March 1998—sole parent pension and parenting allowance

 (3) If:

 (a) a person lodges a claim for sole parent pension or parenting allowance on or after 20 March 1998; and

 (b) the claim is made in respect of a period commencing before 20 March 1998;

the claim has effect as if it had been made immediately before 20 March 1998.

Claims made on or after 20 March 1998 in respect of periods before 20 March 1998—parenting payment

 (4) If:

 (a) a person lodges a claim for parenting payment on or after 20 March 1998; and

 (b) the claim is made in respect of a period commencing before 20 March 1998;

the claim has effect:

 (c) as if it had been made immediately before 20 March 1998; and

 (d) in the case of a person who was not a member of a couple at the beginning of the period in respect of which the claim is made—as if it were a claim for sole parent pension; and

 (e) in the case of a person who was a member of a couple at the beginning of the period in respect of which the claim is made—as if it were a claim for parenting allowance.

Sole parent pension bereavement payment in respect of death of child

 (5) If, immediately before 20 March 1998:

 (a) a person was qualified for a payment under Subdivision A of Division 9 of Part 2.6; and

 (b) the period for which the person was qualified had not yet ended;

then:

 (c) the person remains qualified for that payment on and after 20 March 1998 as if Parts 2.6 and 3.4 as in force immediately before that date were still in force; and

 (d) subclause (1) (dealing with continuing effect of determinations) does not apply to the person.

Sole parent pension bereavement payment in respect of death of pensioner partner

 (6) If, immediately before 20 March 1998:

 (a) a person was qualified for a payment under Subdivision B of Division 9 of Part 2.6; and

 (b) the period for which the person was qualified had not yet ended;

then:

 (c) the person remains qualified for that payment on and after 20 March 1998 as if Parts 2.6 and 3.2 as in force immediately before that date were still in force; and

 (d) subclause (1) (dealing with continuing effect of determinations) does not apply to the person; and

 (e) on the day after the end of the period referred to in paragraph (b), the person is taken to have made a claim for parenting payment.

Parenting allowance bereavement payment in respect of death of child

 (7) If, immediately before 20 March 1998:

 (a) a person was qualified for a payment under Subdivision B of Division 10 of Part 2.18; and

 (b) the period for which the person was qualified had not yet ended;

then:

 (c) the person remains qualified for that payment on and after 20 March 1998 as if Parts 2.18 and 3.6A as in force immediately before that date were still in force; and

 (d) subclause (1) (dealing with continuing effect of determinations) does not apply to the person.

Parenting allowance bereavement payment in respect of death of partner

 (8) If, immediately before 20 March 1998:

 (a) a person was qualified for a payment under Subdivision D or E of Division 10 of Part 2.18; and

 (b) the period for which the person was qualified had not yet ended;

then:

 (c) the person remains qualified for that payment on and after 20 March 1998 as if Parts 2.18 and 3.6A as in force immediately before that date were still in force; and

 (d) subclause (1) (dealing with the continuing effect of determinations) does not apply to the person; and

 (e) on the day after the end of the period referred to in paragraph (b), the person is taken to have made a claim for parenting payment.

Pending application for advance payment of sole parent pension

 (9) If:

 (a) a person lodged an application for an advance payment of sole parent pension under Part 2.22 before 20 March 1998; and

 (b) the application was not determined before that date;

the application is taken, on and after that date, to be an application for an advance payment of pension PP (single).

Saving of certain SPP children

 (10) If:

 (a) sole parent pension was payable to a person who was not in Australia immediately before 20 March 1998 in relation to an SPP child; and

 (b) parenting payment would, but for the operation of section 500F, 500G or 500H, be payable to the person on that date in relation to that child;

those sections do not apply to the person in relation to that child until one of the following events occurs:

 (c) the child ceases to be a PP child of the person because of the operation of a provision other than section 500F, 500G or 500H;

 (d) parenting payment ceases to be payable to the person;

 (e) the person becomes a member of a couple;

 (f) if the person was not an Australian resident on 20 March 1998—the person becomes an Australian resident;

 (g) if the person was an Australian resident on 20 March 1998—the person returns to Australia.

Application: income maintenance period rules

 (11) The following provisions (dealing with income maintenance periods in relation to continuing employment) as in force on 20 March 1998 apply to a person in respect of a leave period commencing on or after 20 March 1998:

 (a) point 1067H5G;

 (b) point 1067EG6G;

 (c) point 1068G7AG.

 (12) Subject to subclause (13), point 1068AE4 (dealing with income maintenance periods in relation to terminated employment) as in force on 20 March 1998 applies to a person in respect of any leave payment received by the person on or after 20 March 1998.

 (13) If:

 (a) a determination applying an income maintenance period in relation to a person’s claim for, or payment of, parenting allowance, a social security benefit or youth training allowance was in force on or after 20 September 1997; and

 (b) pension PP (single) is payable to the person on or after 20 March 1998;

point 1068AE4 applies to the person in respect of any leave payment received by the person on or after 20 September 1997.

Saving of certain recipients of sole parent pension and parenting allowance

 (14) If:

 (a) sole parent pension or parenting allowance was payable to a person immediately before 20 March 1998; and

 (b) on 20 March 1998 the person would not, apart from this subclause, qualify for parenting payment because the person does not satisfy the requirements of paragraph 500(1)(d);

the person is taken, on and after 20 March 1998, to satisfy the requirements of paragraph 500(1)(d) until:

 (c) parenting payment ceases to be payable to the person; or

 (d) the person satisfies the requirements of paragraph 500(1)(d) otherwise than by reason of this subclause.

Saving of certain other recipients of sole parent pension

 (15) If:

 (a) sole parent pension was payable to a person who was not in Australia immediately before 20 March 1998; and

 (b) on or after 20 March 1998, the person would not, apart from this subclause, qualify for parenting payment because the person does not satisfy the requirements of either or both of paragraphs 500(1)(b) and (c);

the person is taken, on and after 20 March 1998, to satisfy the requirements of both those paragraphs until:

 (c) parenting payment ceases to be payable to the person; or

 (d) the person becomes a member of a couple; or

 (e) if the person was not an Australian resident on 20 March 1998—the person becomes an Australian resident; or

 (f) if the person was an Australian resident on 20 March 1998—the person returns to Australia.

 (16) In relation to a person who is receiving parenting payment because of the application of subclause (15) and Part 4.2 of this Act, as in force immediately before 20 March 1998, apply to the person on and after 20 March 1998. These provisions apply to the person as if references to sole parent pension were references to pension PP (single).

Saving of persons receiving sole parent pension under scheduled international social security agreement

 (17) If:

 (a) a sole parent pension was payable to a person immediately before 20 March 1998 under a scheduled international social security agreement; and

 (b) the person is not a member of a couple; and

 (c) on 20 March 1998, the person would qualify for parenting payment but for the operation of any of the following:

 (i) paragraph 500(1)(b) or (c);

 (ii) subparagraph 500(1)(d)(ii) to the extent it requires a person to have been in Australia for the period specified in that subparagraph;

 (iii) section 500F, 500G or 500H;

then, on and after 20 March 1998:

 (d) the provisions referred to in paragraph (c) do not apply to the person; and

 (e) if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.

 (18) Subclause (17) applies to a person until:

 (a) parenting payment ceases to be payable to the person; or

 (b) the person satisfies the provisions referred to in paragraph (17)(c).

106  Determinations etc. relating to family payment continue in force as determinations etc. relating to family allowance

  If a determination or other instrument relating to family payment that was made or given under this Act as in force before 1 April 1998 was in force immediately before that date, the determination or other instrument continues in force, subject to this Act, on and after that date as if it were made or given under this Act in relation to family allowance.

107  Pending claims for family payment

 (1) If:

 (a) a person lodged a claim for family payment under this Act before 1 April 1998; and

 (b) the claim was not determined before that date;

the claim has effect on and after that date as if it were a claim for family allowance.

 (2) If:

 (a) subclause (1) applies to a claim; and

 (b) the claim is granted under this Act;

the determination granting the claim may have a date of effect before 1 April 1998.

108  Savings—Disabled child (changes made on 1 July 1998)

  Despite the amendment made by item 7 of Schedule 2 to the Social Security Legislation Amendment (Parenting Payment and Other Measures) Act 1997, section 952 as in force immediately before the commencement of that item:

 (a) applies to a young person in respect of whom child disability allowance was payable to a person on 30 June 1998 as a result of a claim made before that date; and

 (b) continues so to apply until:

 (i) the day on which the allowance ceases to be payable to the person; or

 (ii) the end of 30 June 1999;

  whichever is the earlier.

108A  Disabled child (changes made on 1 July 1999)

 (1) If clause 108 applies to a young person immediately before the end of 30 June 1999, Part 2.19 of this Act applies on and after 1 July 1999 to the young person as if the changes set out in subclauses (2), (3), (4) and (5) were made, and that Part continues so to apply until:

 (a) the day on which carer allowance for the young person ceases to be payable; or

 (b) 30 June 2003;

whichever is the earlier.

Disabled child changes

 (2) The first change is that the definition of disabled child in section 952 is to be replaced by the following definition:

disabled child means a young person aged under 16 in respect of whom the following requirements are satisfied:

 (a) the young person has a physical, intellectual or psychiatric disability; and

 (b) because of that disability:

 (i) the young person needs care and attention from another person on a daily basis; and

 (ii) the care and attention needed by the young person are substantially more than are needed by a young person of the same age who does not have a physical, intellectual or psychiatric disability; and

 (c) the young person is likely to need that care and attention permanently or for an extended period.

 (3) The second change is that paragraph 953(1)(c) is to be omitted.

Disabled adult changes

 (4) The third change is that the definition of disabled adult in section 952 is to be replaced by the following definition:

disabled adult means a young person aged 16 or more in respect of whom the following requirements are satisfied:

 (a) the young person has a physical, intellectual or psychiatric disability; and

 (b) because of that disability:

 (i) the young person needs care and attention from another person on a daily basis; and

 (ii) the care and attention needed by the young person are substantially more than are needed by a young person of the same age who does not have a physical, intellectual or psychiatric disability; and

 (c) the young person is likely to need that care and attention permanently or for an extended period.

 (5) The fourth change is that paragraph 954(1)(c) is to be omitted.

109  Application of liquid assets test waiting period for sickness allowance

  This Act, as amended by item 91 of Schedule 9 to the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, applies to sickness allowance for which a claim was lodged on or after the commencement of that item.

109A  Application provision: amendments relating to the consistent treatment of lump sums

  This Act, as amended by Schedule 2 to the Social Security and Veterans’ Affairs Legislation Amendment (Budget and Other Measures) Act 1998, applies to a lump sum payment of a kind referred to in points 1067H7B, 1067H7C, 1067EG9A, 1067EG9B, 1068G7B and 1068G7C that a person becomes entitled to receive after 1 July 1998.

110  Youth allowance in place of newstart allowance (under 21 years), sickness allowance (under 21 years), youth training allowance and AUSTUDY living allowance (youth allowance age)

Continuing effect of certain determinations

 (1) If a determination, notice, statement or other instrument made or given under this Act in relation to a newstart allowance or sickness allowance for a person under 21 years was in force, or had effect, immediately before 1 July 1998, then, subject to clause 114, the determination, notice, statement or other instrument:

 (a) continues to be in force, or continues to have effect, on and after that day; and

 (b) may be amended or revoked;

as if it were a determination, notice, statement or other instrument made or given under this Act in relation to a youth allowance.

 (2) If a determination, notice, statement or other instrument made or given under the Student Assistance Act 1973 in relation to a youth training allowance:

 (a) was in force, or had effect; or

 (b) is to be taken to have been in force, or to have had effect;

immediately before 1 July 1998, that determination, notice, statement or other instrument:

 (c) continues, or is taken to continue, to be in force or to have effect, on and after that day; and

 (d) may be amended or revoked;

as if it were a determination, notice, statement or other instrument made or given under this Act in relation to a youth allowance.

Person of youth allowance age receiving AUSTUDY living allowance immediately before 1 July 1998

 (3) If an AUSTUDY living allowance was payable, or is to be taken to have been payable, immediately before 1 July 1998, to or in respect of:

 (a) a person who is of youth allowance age on that day; or

 (b) a person who, immediately before that day, was receiving rent assistance under regulation 102B of the AUSTUDY Regulations as then in force; or

 (c) a person referred to in paragraph 68(a) or (b) of the AUSTUDY Regulations as in force immediately before that day;

then, on and after that day:

 (d) a youth allowance is payable, or is to be taken to have been payable, to the person; and

 (e) subject to subclause (4), Part 2.11 applies to the person;

as if he or she had made a claim for youth allowance under that Part and the claim had been granted.

 (4) If:

 (a) youth allowance is payable, or is to be taken to have been payable, because of subclause (3), to a person referred to in paragraph (3)(b) or (c); and

 (b) the person ceases to undertake the course of study that the person was undertaking immediately before 1 July 1998;

youth allowance ceases to be payable to the person.

 (5) A person referred to in paragraph (3)(c) who is under 25 on 1 July 1998 is taken to be independent for the purposes of Parts 2.11 and 3.15.

Pending claims of youth training allowance etc.

 (6) If:

 (a) one of the following circumstances apply:

 (i) a person lodged a claim for a youth training allowance (under the Student Assistance Act 1973) before 1 July 1998;

 (ii) a person who is of youth allowance age lodged an application for an AUSTUDY living allowance (under the AUSTUDY regulations) before 1 July 1998;

 (iii) a person who is under 21 years lodged a claim for newstart allowance or sickness allowance before 1 July 1998; and

 (b) the claim was not determined, or the application dealt with, before that date;

the claim or application has effect on or after that date as if it were a claim for youth allowance lodged under this Act.

 (7) Subclause (6) has effect subject to item 131 of Part 2 of Schedule 11 to the Social Security Legislation (Youth Allowance Consequential and Related Measures) Act 1998.

111  Austudy payment in place of AUSTUDY living allowance

Person of austudy age receiving AUSTUDY living allowance immediately before 1 July 1998

 (1) If:

 (a) an AUSTUDY living allowance was payable, or is to be taken to have been payable, immediately before 1 July 1998, to or in respect of a person other than:

 (i) a person who, immediately before that day, was receiving rent assistance under regulation 102B of the AUSTUDY Regulations as then in force; or

 (ii) a person referred to in paragraph 68(a) or (b) of the AUSTUDY Regulations as in force immediately before that day; and

 (b) the person is of austudy age on that day;

then, on and after that day:

 (c) an austudy payment is payable, or is to be taken to have been payable, to the person; and

 (d) Part 2.11A applies to the person;

as if he or she had made a claim for austudy payment under that Part and the claim had been granted.

Note: A youth allowance is payable to a person referred to in subparagraph (a)(i) or (ii) (see clause 109).

Pending claims for AUSTUDY living allowance

 (2) If:

 (a) a person who is of austudy age lodged an application for an AUSTUDY living allowance (under the AUSTUDY regulations) before 1 July 1998; and

 (b) the application was not dealt with before that date;

the application has effect on or after that date as if it were a claim for austudy payment lodged under this Act.

111A  $3,000 opening balance for student income bank for students transferring from AUSTUDY

 (1) If an AUSTUDY living allowance was payable, or is to be taken to have been payable, immediately before 1 July 1998, to or in respect of a person who is of youth allowance age on that day, then Step 1 of the Method Statement in point 1067GJ3 applies to the person as if the reference in that Step to zero were a reference to $3,000.

 (2) If an AUSTUDY living allowance was payable, or is to be taken to have been payable, immediately before 1 July 1998, to or in respect of a person who is of austudy age on that day, then Step 1 of the Method Statement in point 1067LE2 applies to the person as if the reference in that Step to zero were a reference to $3,000.

112  Pensioner education supplement under the Social Security Act in place of pensioner education supplement under the Austudy Regulations

Person receiving pensioner education supplement immediately before 1 July 1998

 (1) If a pensioner education supplement under the AUSTUDY Regulations was payable, or is to be taken to have been payable, immediately before 1 July 1998, to a person, then, on and after that day:

 (a) a pensioner education supplement under this Act is payable, or is to be taken to have been payable, to the person; and

 (b) Part 2.24A applies to the person;

as if he or she had made a claim for pensioner education supplement under that Part and the claim had been granted.

Pending claims of pensioner education supplement

 (2) If:

 (a) a person lodged an application for a pensioner education supplement under the AUSTUDY Regulations before 1 July 1998; and

 (b) the application was not determined, or the application dealt with, before that date;

the application has effect on or after that date as if it were a claim for pensioner education supplement lodged under this Act.

113  Certain persons receiving benefit PP (partnered) and pensioner education supplement immediately before 1 July 1998

 (1) If:

 (a) immediately before 20 March 1998, a person who satisfied the qualification requirements for sole parent pension under subparagraph 249(1)(a)(ii) or (iv) was receiving a sole parent pension; and

 (b) a benefit PP (partnered) became payable to the person on that day and continued to be payable until immediately before 1 July 1998; and

 (c) a pensioner education supplement under the AUSTUDY Regulations was payable, or is to be taken to have been payable, immediately before 1 July 1998, to the person;

then, on and after 1 July 1998:

 (d) a pensioner education supplement under this Act is payable, or is to be taken to have been payable, to the person; and

 (e) subject to subclauses (2), (3) and (4), Part 2.24A applies to the person;

as if he or she had made a claim for pensioner education supplement under that Part and the claim had been granted.

 (2) If the person ceases to undertake the course of study that the person was undertaking immediately before 1 July 1998, pensioner education supplement ceases to be payable to the person.

 (3) For the purposes of Part 2.24A, the person is taken to be receiving a payment attracting pensioner education supplement under this Act if the person satisfies the requirements referred to in subparagraph 249(1)(a)(ii) or (iv) as in force immediately before 20 March 1998.

Note: Subparagraphs 249(1)(a)(ii) and (iv) were repealed by the Social Security Legislation Amendment (Parenting and Other Measures) Act 1997.

 (4) For the purposes of Part 2.24A, subsection 1061PE(2) is taken to apply to the person.

114  Claims for newstart allowance (under 21 years) or sickness allowance (under 21 years) made on or after 1 July 1998 in respect of period before that date

  If:

 (a) a person who is under 21 years lodges a claim for newstart allowance or sickness allowance on or after 1 July 1998; and

 (b) the claim is made in respect of a period commencing before 1 July 1998;

the claim has effect as if it had been made immediately before that date.

115  Persons under 21 receiving newstart allowance or sickness allowance on 17 June 1997

 (1) If:

 (a) a person was, on 17 June 1997, under 21 years of age and a recipient of newstart allowance or sickness allowance; and

 (b) the person did not cease to be, and was immediately before 1 July 1998, a recipient of newstart allowance or sickness allowance; and

 (c) the person was, immediately before 1 July 1998, under 21 years of age;

then:

 (d) clause 109 does not apply in relation to the person; and

 (e) the person is to continue to receive the newstart allowance or sickness allowance on and after that day; and

 (f) subject to subclauses (2) and (3), Part 2.12 or 2.14 (as the case may be) as in force immediately before that day continues to apply to the person.

 (2) If, on or after 1 July 1998, the Secretary cancels or suspends:

 (a) a person’s newstart allowance under section 660I or 660IA; or

 (b) a person’s sickness allowance under section 728L or 728M;

a determination by the Secretary under section 660J or 728P (as the case may be) that the allowance is payable to the person does not have effect unless the determination is made within 6 weeks after the Secretary’s decision to cancel or suspend the allowance.

 (3) Newstart allowance or sickness allowance ceases to be payable to a person who has been receiving it because of subclause (1) if the person makes a claim for youth allowance and the claim is granted.

116  Newstart or sickness allowance bereavement payment in respect of death of partner

  If:

 (a) immediately before 1 July 1998:

 (i) a person was qualified for a payment under Division 9 of Part 2.12 or Division 9 of Part 2.14; and

 (ii) the period for which the person was qualified had not yet ended; and

 (b) the person is under 21 years;

then:

 (c) the person remains qualified for that payment on and after 1 July 1998 as if:

 (i) in the case of a person qualified for a payment under Division 9 of Part 2.12—that Part and Part 3.5 or 3.6 (whichever was applicable), as in force immediately before that date, continued to apply to him or her; or

 (ii) in the case of a person qualified for a payment under Division 9 of Part 2.14—that Part and Part 3.5, 3.5A or 3.6 (whichever is applicable), as in force immediately before that date, continued to apply to him or her; and

 (d) subclause 109(1) (dealing with continuing effect of determinations) does not apply to the person; and

 (e) on the day after the end of the period referred to in subparagraph (a)(ii), the person is taken to have made a claim for youth allowance.

117  Youth training allowance bereavement payment in respect of death of partner

  If, immediately before 1 July 1998:

 (a) a person was qualified for a payment under Division 10 of Part 8 of the Student Assistance Act 1973; and

 (b) the period for which the person was qualified had not yet ended;

then:

 (c) the person remains qualified for that payment on and after 1 July 1998 as if Part 8 of, and Schedule 1 to, that Act as in force immediately before that date were still in force; and

 (d) subclause 109(1) (dealing with continuing effect of determinations) does not apply to the person; and

 (e) on the day after the end of the period referred to in paragraph (b), the person is taken to have made a claim for youth allowance.

118  Qualification for double orphan pension for certain young persons who were qualified to receive payments under the AUSTUDY scheme immediately before 1 July 1998

  If a person or an approved care organisation was, immediately before 1 July 1998, qualified (under section 999) for a double orphan pension for a young person who, at the time:

 (a) was over 16, but under 22, years of age; and

 (b) was qualified to receive payments under the AUSTUDY scheme;

the person or approved care organisation continues to be qualified for a double orphan pension for the young person until the young person:

 (c) turns 22; or

 (d) ceases to be a youth allowance recipient; or

 (e) ceases to undertake fulltime study;

whichever occurs first.

119  Payment of family allowance—young person ceasing to be a FA child on becoming youth allowance recipient

  If:

 (a) on the last family allowance payday before 1 July 1998, a person (the FA recipient) received an instalment of family allowance (the relevant instalment) that was paid to the person at a rate higher than the person’s minimum family allowance rate; and

 (b) the relevant instalment consisted of, or included, an amount in respect of an FA child (the young person) who becomes a youth allowance recipient before the first family allowance payday after 1 July 1998;

there is payable to the FA recipient in respect of the young person, on the first family allowance payday after 1 July 1998, an amount of family allowance equal to the amount of family allowance that was payable to the FA recipient in respect of the young person on the last family allowance payday before 1 July 1998.

120  Application—income maintenance period rules

 (1) Point 1067GH11 (dealing with income maintenance periods in relation to continuing employment) applies to the following persons in respect of a leave period starting on or after 1 July 1998:

 (a) a person who makes a claim for youth allowance on or after 1 July 1998 and to whom subclause (2) does not apply;

 (b) a youth allowance recipient who immediately before 1 July 1998 was receiving an AUSTUDY allowance.

 (2) If:

 (a) a determination applying an income maintenance period to a person who was or is in employment had effect, or is to be taken to have had effect, immediately before 1 July 1998; and

 (b) a youth allowance becomes payable to the person on or after 1 July 1998; and

 (c) the income maintenance period has not ended when the youth allowance becomes payable to the person;

point 1067GH11 (dealing with income maintenance periods in relation to continuing employment) applies to the person in respect of a leave period starting on or after 20 March 1998.

 (3) Point 1067GH12 (dealing with income maintenance periods in relation to terminated employment) applies to the following persons in respect of any leave payment received by those persons on or after 1 July 1998:

 (a) a person who makes a claim for youth allowance on or after 1 July 1998 and to whom subclause (4) does not apply;

 (b) a youth allowance recipient who immediately before 1 July 1998 was receiving an AUSTUDY allowance.

 (4) If:

 (a) a determination applying an income maintenance period to a person whose employment has been terminated had effect, or is to be taken to have had effect, immediately before 1 July 1998; and

 (b) a youth allowance becomes payable to the person on or after 1 July 1998; and

 (c) the income maintenance period has not ended when the youth allowance becomes payable to the person;

point 1067GH12 (dealing with income maintenance periods in relation to terminated employment) applies to the person in respect of any leave payment received by the person on or after 20 September 1997.

 (5) Point 1067LD5 (dealing with income maintenance periods in relation to continuing employment) applies to the following persons in respect of a leave period starting on or after 1 July 1998:

 (a) a person who makes a claim for austudy payment on or after 1 July 1998 and to whom subclause (6) does not apply;

 (b) an austudy payment recipient who immediately before 1 July 1998 was receiving an AUSTUDY allowance.

 (6) If:

 (a) a determination applying an income maintenance period to a person who was or is in employment had effect, or is to be taken to have had effect, immediately before 1 July 1998; and

 (b) an austudy payment becomes payable to the person on or after 1 July 1998; and

 (c) the income maintenance period has not ended when the austudy payment becomes payable to the person;

point 1067LD5 (dealing with income maintenance periods in relation to continuing employment) applies to the person in respect of a leave period starting on or after 20 March 1998.

 (7) Point 1067LD6 (dealing with income maintenance periods in relation to terminated employment) applies to the following persons in respect of any leave payment received by those persons on or after 1 July 1998:

 (a) a person who makes a claim for austudy payment on or after 1 July 1998 and to whom subclause (8) does not apply;

 (b) an austudy payment recipient who immediately before 1 July 1998 was receiving an AUSTUDY allowance.

 (8) If:

 (a) a determination applying an income maintenance period to a person whose employment has been terminated had effect, or is to be taken to have had effect, immediately before 1 July 1998; and

 (b) an austudy payment becomes payable to the person on or after 1 July 1998; and

 (c) the income maintenance period has not ended when the austudy payment becomes payable to the person;

point 1067LD6 (dealing with income maintenance periods in relation to terminated employment) applies to the person in respect of any leave payment received by the person on or after 20 September 1997.

120A  Amendments relating to treatment of income streams

 (1) If:

 (a) a person who had entered into a binding arrangement for the provision to the person of an income stream was, on 19 September 1998, receiving a social security payment; and

 (b) the Minister declares, in writing, that the Minister is satisfied that the application of this Act (as amended by the amending Act) would cause the person significant disadvantage in relation to the treatment of the person’s income stream;

this Act applies to the person in relation to the income stream as if the amendments made by Part 1 of Schedule 3 to the amending Act had not been made.

 (2) Subclause (1) ceases to have effect if:

 (a) the social security payment referred to in subclause (1)(a) (the original payment) ceases to be payable to the person; and

 (b) another social security payment, a service pension or income support supplement does not become payable to the person immediately after the original payment ceases to be payable.

 (3) If a person was receiving a social security payment on 19 September 1998, the person’s annual rate of ordinary income from:

 (a) an assettest exempt income stream; or

 (b) an assettested income stream (long term);

that is a defined benefit income stream whose commencement day is earlier than 20 September 1998 is to be worked out as if the amendment made by item 40 of Schedule 3 to the amending Act had not been made.

 (4) In this clause:

amending Act means the Social Security and Veterans’ Affairs Legislation Amendment (Budget and Other Measures) Act 1998.

binding arrangement, in relation to a person, means:

 (a) an arrangement that does not allow the person to commute an income stream; or

 (b) an arrangement that may only be terminated on terms that are, in the opinion of the Secretary, likely to cause severe detriment to the person.

122  Issue of notice before 1 July 1999 to person to whom domiciliary nursing care benefit is being paid requiring notification of events affecting the payment of carer allowance on and after that day

 (1) The Secretary may, during the period from the start of the day on which the Assistance for Carers Legislation Amendment Act 1999 receives the Royal Assent until the end of 30 June 1999, give a person (the DNCB recipient) to whom domiciliary nursing care benefit under Part VB of the National Health Act 1953 is being paid a notice in the same terms as could be given under section 984 of this Act on or after 1 July 1999 to a person to whom carer allowance is being paid. The notice only has effect as mentioned in subclause (2).

 (2) If, because of the operation of subclause 124(7), carer allowance becomes payable to the DNCB recipient on and after 1 July 1999, the notice has effect on and after that day as if it were given under section 984 of this Act on that day.

Note: Section 984 of this Act allows the Secretary to give a person to whom carer allowance is being paid a notice requiring the person to inform the Department of an event or change in circumstances that might affect the payment of carer allowance.

123  Carer payment provisions (changes to “severely handicapped person” category with effect from 1 July 1999)

  If a determination, notice, statement or instrument made or given under Part 2.5 of this Act had effect immediately before 1 July 1999 (whether made or given before, on or after that day), it continues to have effect on and after that day despite the amendments made by Part 1 of Schedule 1 to the Assistance for Carers Legislation Amendment Act 1999.

Note: Carer payments that continue to be payable because of this clause would be able to be terminated later e.g. under section 231.

124  Carer allowance (changes introduced on 1 July 1999)

Continuing effect of determinations etc. effective before 1 July 1999

 (1) If a determination, notice, statement or other instrument made or given under this Act in relation to child disability allowance had effect immediately before 1 July 1999 (whether made or given before, on or after that day), it continues to have effect on and after that day as if it had been made or given under this Act in relation to carer allowance.

Note: A determination that carer allowance is payable to a person ceases to have effect if the Secretary becomes satisfied that the allowance is no longer payable and determines that the allowance is to be cancelled or suspended: see sections 992C and 992D.

Pending claims for child disability allowance

 (2) If:

 (a) a person lodged a claim for child disability allowance under this Act before 1 July 1999 (including because of subclause (3) or (4)); and

 (b) the claim was not determined before that day; and

 (c) the Secretary later determines that the claim is not to be granted;

the claim has effect on and after 1 July 1999 as if it were a claim for carer allowance made under this Act.

Claims made on or after 1 July 1999 for child disability allowance

 (3) If a person lodges a claim for child disability allowance on or after 1 July 1999, the claim has effect as if it had been made immediately before 1 July 1999.

Claims made on or after 1 July 1999 in respect of qualification before 1 July 1999—carer allowance

 (4) If:

 (a) a person lodges a claim for carer allowance in respect of a disabled child or 2 disabled children on or after 1 July 1999; and

 (b) if the amendments made by Schedule 2 to the Assistance for Carers Legislation Amendment Act 1999 had not been made, the claim could have been made in respect of qualification for child disability allowance for a period before 1 July 1999;

the claim has effect:

 (c) as if it had been made immediately before 1 July 1999; and

 (d) as if it were a claim for child disability allowance.

Child disability allowance bereavement payment in respect of death of child

 (5) If, immediately before 1 July 1999, a person was qualified for child disability allowance for a period under section 991 or 992AA of this Act as in force immediately before that day, the person continues to be qualified for child disability allowance for that period on and after 1 July 1999 as if the amendments made by Schedule 2 to the Assistance for Carers Legislation Amendment Act 1999 had not been made.

Effect of overseas absence before 1 July 1999

 (6) If:

 (a) immediately before 1 July 1999, child disability allowance was payable to a person for a CDA child or for 2 dependent children in circumstances where the person or the child or children were absent from Australia; and

 (b) that absence from Australia continues on and after 1 July 1999; and

 (c) before the end of the period of 26 weeks beginning on 1 July 1999, the period of that absence from Australia exceeds 3 years; and

 (d) immediately before the end of those 3 years, carer allowance is payable to the person for the child or children;

carer allowance ceases to be payable to the person for the child or children at the end of those 3 years.

Domiciliary nursing care benefit payable to a person immediately before 1 July 1999

 (7) If domiciliary nursing care benefit under Part VB of the National Health Act 1953 was payable, or is taken to have been payable, immediately before 1 July 1999 to a person in relation to a patient, then, on and after that day:

 (a) carer allowance is payable to the person for the patient; and

 (b) Part 2.19 of this Act applies to the person;

as if he or she had made a claim for carer allowance under Part 2.19 of this Act and the claim had been granted.

Pending claims for domiciliary nursing care benefit—application to Secretary to the Health Department

 (8) If:

 (a) before 1 July 1999, a person made an application under Part VB of the National Health Act 1953 for approval as an approved person for the purposes of that Part in relation to a patient; and

 (b) the Secretary to the Health Department had not dealt with the application before that day; and

 (c) the Secretary to the Health Department later refuses the application;

the application has effect on and after 1 July 1999 as if it were a claim for carer allowance lodged under this Act.

Pending claims for domiciliary nursing care benefit—review by Health Minister

 (9) If:

 (a) before 1 July 1999, a person made a request to the Health Minister under section 58F of the National Health Act 1953 for a review of a decision of the Secretary to the Health Department refusing the person’s application for approval as an approved person for the purposes of Part VB of that Act; and

 (b) the Health Minister had not dealt with the request before that day; and

 (c) the Health Minister later confirms the decision of the Secretary to the Health Department;

the person is taken to have made a claim for carer allowance on 1 July 1999 under Part 2.19 of this Act, and that claim is taken to have contained any information in the application mentioned in paragraph (a).

Decision of Health Minister in relation to domiciliary nursing care benefit

 (10) If:

 (a) under item 3 of Schedule 3 to the Assistance for Carers Legislation Amendment Act 1999, the Health Minister is required to deal with a request to review a decision of the Secretary to the Health Department to refuse a person’s application for approval as an approved person for the purposes of Part VB of the National Health Act 1953; and

 (b) the Health Minister confirms the decision of the Secretary to the Health Department;

the person is taken to have made a claim for carer allowance on 1 July 1999 under Part 2.19 of this Act, and that claim is taken to have contained any information in the application mentioned in paragraph (a).

Preserving the no residency requirement for domiciliary nursing care benefit

 (11) If:

 (a) domiciliary nursing care benefit under Part VB of the National Health Act 1953 was payable, or is to be taken to have been payable, immediately before 1 July 1999 to a person in relation to a patient; and

 (b) immediately before that day, the person or the patient was not an Australian resident;

then Part 2.19 of this Act as in force on and after that day has effect as if the person or the patient, as the case may be, were an Australian resident.

Definitions

 (12) In this clause:

Health Department means the Department administered by the Health Minister.

Health Minister means the Minister administering the National Health Act 1953.

125  Transitional regulations arising out of carer allowance changes introduced on 1 July 1999

  Regulations made under section 1364 may prescribe matters in relation to any transitional matters (including prescribing any saving or application provision) arising out of amendments of this Act made by Schedule 2 to the Assistance for Carers Legislation Amendment Act 1999.

121  Changes to newly arrived resident’s waiting period

  If a person is subject to a newly arrived resident’s waiting period immediately before the commencement of Schedule 5 to the Further 1998 Budget Measures Legislation Amendment (Social Security) Act 1999 (the amending Act), this Act continues to apply to the person in relation to the waiting period as if the amendments made by the amending Act had not been made.

126  Application and transitional provisions relating to fares allowance

 (1) Part 2.26 applies only in respect of claims for fares allowance made after the commencement of that Part for journeys made after that commencement.

 (2) The Social Security (Fares Allowance) Rules 1998 made under section 1061ZAAA as in force immediately before the commencement of Part 2.26 continue in force as if that section were still in force but apply only in respect of claims made, whether before or after that commencement, for journeys made before that commencement.

 (3) If:

 (a) a person has, before the commencement of Part 2.26, made a journey in a study year; and

 (b) the person is eligible, under the Rules referred to in subclause (2), as they continue in force under that subclause (the continuing Rules) for fares allowance in respect of the journey; and

 (c) the person makes a claim under Part 2.26 for fares allowance in respect of a journey made, or to be made, after the commencement of that Part in the same study year;

the claim is not to be determined until the person has made a claim under the continuing Rules in respect of the journey referred to in paragraph (a) and the claim has been finally dealt with in accordance with those Rules.

127  Seasonal work carried out in what would have been a seasonal work nonbenefit period extending beyond 30 June 2000

If:

 (a) a person was, before 1 July 2000, subject to a seasonal work nonbenefit period under this Act; and

 (b) but for the amendments of this Act taking effect on that day, the seasonal work nonbenefit period would have extended for a period (the residual period) starting on 1 July 2000 and ending at the end of that seasonal work nonbenefit period;

then, for the purposes of this Act as in force on and after that day, the residual period is to be treated as if it were a seasonal work preclusion period.

128  Saving provision—portability rules relating to rates of pension

  Despite the amendments of sections 1213A, 1215, 1216, 1220A, 1220B and 1221 of this Act made by the Social Security and Veterans’ Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000, if:

 (a) a person was absent from Australia immediately before 20 September 2000; and

 (b) at a time (the poststart time) after 20 September 2000, the person had not returned to Australia for a continuous period of 26 weeks or more since 20 September 2000;

those provisions continue to apply to the person at the poststart time as if those amendments had not been made.

129  Application of amendments relating to short residence

  Despite the amendments of section 1220 of this Act made by the Social Security and Veterans’ Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000, that section, as in force immediately before 20 September 2000, continues to apply to a pension or allowance granted before 20 September 2000 as if those amendments had not been made.

130  Saving provision—other portability rules

  Despite the amendments of this Act made by Part 1 of Schedule 1 to the Social Security and Veterans’ Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000, other than:

 (a) the amendments mentioned in clauses 128 and 129 of this Schedule; and

 (b) the amendments of sections 1216B, 1218, 1218A, 1218B, 1218C and 1219; and

 (c) the amendment of Module A of the Rate Calculator at the end of section 1221;

if:

 (d) a person was absent from Australia immediately before 20 September 2000; and

 (e) at a time (the poststart time) after 20 September 2000, the person had not returned to Australia since 20 September 2000;

this Act continues to apply to the person at the poststart time as if the amendments (other than those mentioned in paragraphs (a) to (c)) had not been made.

131  Certain payments not recoverable

  An amount paid to a person under this Act is not recoverable from the person if:

 (a) the amount was not payable because the person, or the person’s partner, had received a comparable foreign payment; and

 (b) during the period beginning on 20 September 2000 and ending on 19 January 2001, the person gave notice to the Secretary of any comparable foreign payment which he or she had received or was receiving; and

 (c) the amount was paid before the person gave notice as mentioned in paragraph (b); and

 (d) before receiving that notice, the Secretary was unaware that the person, or the person’s partner, had received or was receiving the comparable foreign payment.

132  Saving—ABSTUDY recipients

 (1) If, immediately before 1 January 2001, a person was receiving:

 (a) a relevant pension; and

 (b) a payment under a provision of the ABSTUDY Scheme made on the basis that the person was a fulltime student;

this clause applies to the person.

 (2) In spite of the amendments of this Act made by Schedule 1 to the Family and Community Services (2000 Budget and Related Measures) Act 2000:

 (a) the person does not cease to be qualified for the relevant pension by reason only of those amendments; and

 (b) if the person continues, on and after 1 January 2001, to receive the same payment under the ABSTUDY Scheme, that payment (except where it is a payment of a pensioner education supplement) is to be taken, for the purposes of this Act, to be income paid to, or on behalf of, the person.

 (3) In this clause:

relevant pension means:

 (a) age pension; or

 (b) bereavement allowance; or

 (c) carer payment; or

 (d) disability support pension; or

 (e) pension PP (single); or

 (f) widow B pension; or

 (g) wife pension.

133  Meaning of Australian resident

  For the purposes of determining whether a person was an Australian resident at a time, or throughout a period, occurring before the commencement of item 2 of Schedule 1 to the Family and Community Services Legislation Amendment (New Zealand Citizens) Act 2001:

 (a) the definition of Australian resident at that time, or throughout that period, applies; and

 (b) that definition, as amended by the Family and Community Services Legislation Amendment (New Zealand Citizens) Act 2001, does not apply.

134  Transitional and saving provisions—substitution of Part 3.14

 (1) In this clause:

2001 amending Act means the Family and Community Services Legislation (Simplification and Other Measures) Act 2001.

new Act means this Act, as amended by the 2001 amending Act.

old Act means this Act, as in force immediately before 20 September 2001.

old lump sum preclusion period has the same meaning as in the old Act.

 (2) Part 3.14 of the new Act has effect subject to this clause.

 (3) Subject to subclause (9), if:

 (a) before 20 September 2001, because of the operation of subsection 1165(1A) or (2AA) of the old Act, a social security payment had ceased to be payable to a person for a period; and

 (b) if the provisions of the old Act had continued in force on and after 20 September 2001, the payment would not have become payable again until a time on or after that date;

then, on and after 20 September 2001, the new Act has effect as if:

 (c) the new Act had been in operation when the social security payment ceased to be payable for the period; and

 (d) the social security payment had so ceased because of the operation of subsection 1169(1) of the new Act.

 (4) Subject to subclause (9), if:

 (a) before 20 September 2001, because of the operation of a provision of the old Act specified in the table in subclause (8), the rate at which a social security payment was payable to a person was reduced for a period; and

 (b) if the provisions of the old Act had continued in force on and after 20 September 2001, the payment would have continued to be payable at the reduced rate until a time on or after that date;

then, on and after 20 September 2001, the new Act has effect as if:

 (c) the new Act had been in operation when the social security payment became payable at the reduced rate; and

 (d) the social security payment had become so payable because of the operation of the corresponding provision of the new Act.

 (5) If a notice to which this subclause applies was in effect immediately before 20 September 2001, the new Act has effect, on and after 20 September 2001, as if:

 (a) the new Act had been in operation when the notice was given; and

 (b) the notice had been given under the provision of the new Act that corresponds to the provision of the old Act under which the notice was given.

 (6) Subclause (5) applies to the following notices:

 (a) a notice under subsection 1166(1) of the old Act in relation to a recoverable amount calculated under subsection 1166(3), (4) or (4C) of that Act;

 (b) a notice under subsection 1170(1) of the old Act in relation to a recoverable amount calculated under subsection 1170(3) or (4) of that Act;

 (c) a notice under subsection 1172(1) of the old Act;

 (d) a notice under subsection 1174(1) of the old Act in relation to a recoverable amount calculated under subsection 1174(6) of that Act;

 (e) a notice under subsection 1177(1) of the old Act;

 (f) a notice under subsection 1179(1) of the old Act in relation to a recoverable amount calculated under subsection 1179(6) of that Act.

 (7) If:

 (a) before 20 September 2001, a person applied, under section 129, 142 or 179 of the Administration Act, for review of a decision made as a result of the operation of a provision of the old Act specified in column 2 of an item in the table in subclause (8); and

 (b) the review was not determined before 20 September 2001;

then, on and after 20 September 2001, the review is to be determined in accordance with this Act, as in force when the decision was made.

 (8) The provision of the new Act that corresponds, for the purposes of this clause, to the provision of the old Act specified in column 2 of an item of the following table is the provision specified in column 3 of the item.

 

Corresponding provisions

Column 1

Item

Column 2

Old Act provision

Column 3

Corresponding new Act provision

1

Subsection 1165(1A)

Subsection 1169(1)

2

Subsection 1165(2AA)

Subsection 1169(1)

3

Subsection 1166(1)

Subsection 1178(1)

4

Subsection 1168(1) (except to the extent that it operated in relation to a person’s social security payment where the person’s partner, but not the person, had received compensation)

Subsection 1173(1)

5

Subsection 1170(1)

Subsection 1180(1)

6

Subsection 1172(1)

Subsection 1182(1)

7

Subsection 1174(1)

Subsection 1184(1)

8

Subsection 1177(1)

Subsection 1182(2)

9

Subsection 1179(1)

Subsection 1184(2)

10

Section 1184

Section 1184K

 (9) On and after 20 September 2001:

 (a) the new Act has effect as if:

 (i) it included provisions in the same terms as subsection 17(1) of the old Act to the extent that it defines average weekly earnings and subsections 1165(1) and (2), 1166(4A), 1174(4) and (5), and 1179(4) and (5) of the old Act; and

 (ii) section 1169 of the new Act did not apply where the lump sum compensation payment was received before 20 March 1997; and

 (b) for the purposes of the operation of paragraph (a), old lump sum preclusion period is taken to have the same meaning in the new Act as in the old Act; and

 (c) for the purposes of the operation of paragraph (a), the lump sum preclusion period, for the purposes of the new Act, is the period that corresponds to the old lump sum preclusion period.

 (10) If:

 (a) a person received compensation before 1 January 1993; and

 (b) the person’s partner (the partner) claimed or received carer pension before that date because the partner was caring for the person;

this Act, as it applied in relation to carer payment being received by the partner immediately before 20 September 2001, continues to apply in relation to carer payment received by the partner before, on or after 20 September 2001 because the partner was or is caring for the person.

 (11) If:

 (a) before 20 September 2001, a person was given a notice under Subdivision B of Division 6 of Part 3, or Division 1 of Part 5, of the Administration Act; and

 (b) the notice required the person:

 (i) to inform the Department whether a specified event or change of circumstances had occurred; or

 (ii) to give the Department a statement about a matter; or

 (iii) to give information or produce a document; and

 (c) the notice required the information or statement to be given within a specified period; and

 (d) the person has failed to comply with the requirement of the notice;

any determination made under the Administration Act on or after 20 September 2001 as a result of the occurrence of an event or change of circumstances, or in connection with a matter, to which the notice related must be made in accordance with this Act as in force immediately before the end of the period referred to in paragraph (c).

 

Schedule 1BTables for the assessment of workrelated impairment for disability support pension

 

 

TABLES

FOR THE

ASSESSMENT

OF

WORKRELATED IMPAIRMENT

FOR

DISABILITY SUPPORT

PENSION

 

 

 

DEPARTMENT OF SOCIAL SECURITY

1997


INTRODUCTION

 

1.  These Tables are designed to assess whether persons whose qualification or otherwise for disability support pension is being considered meet an empirically agreed threshold in relation to the effect of their impairments, if any, on their ability to work.  Work is defined in section 94(5) of the Social Security Act 1991.  The Tables represent an empirically agreed set of criteria for assessing the severity of functional limitations for work related tasks and do not take into account the broader impact of a functional impairment in a societal sense.  For this reason, no specific adjustments are made for age and gender.  The outcome of the application of these Tables following a medical assessment is termed workrelated impairment and this term is used throughout this document.

2.  These Tables are designed to assess impairment in relation to work and consist of system based tables that assign ratings in proportion to the severity of the impact of the medical conditions on normal function as they relate to work performance.  These Tables are function based rather than diagnosis based.  The Medical Officer should not approach the Tables hoping to find various conditions listed for which he or she can read off a rating.  One of the skills which needs to be developed in order to assess impairment in this context is the ability to select the appropriate tables.  The question which must be asked in each and every case is "which body systems have a functional impairment due to this condition?"

3.  These Tables give particular emphasis to the loss of functional capacity that a person experiences in relation to work.  This is measured by reference to an individual's efficiency in performing a set of defined functions in comparison with a fully able person.  In using these tables ratings can only be assigned for conditions where there is an associated current loss of function or where prolonged loss of function would be expected in most work situations.

4.  A rating is only to be assigned after a comprehensive history and examination.  For a rating to be assigned the condition must be a fully documented, diagnosed condition which has been investigated, treated and stabilised.  The first step is thus to establish a working diagnosis based on the best available evidence.  Arrangements should be made for investigation of poorly defined conditions before considering assigning an impairment rating.  In particular where the nature or severity of a psychiatric (or intellectual) disorder is unclear appropriate investigation should be arranged.

5.  The condition must be considered to be permanent.  Once a condition has been diagnosed, treated and stabilised, it is accepted as being permanent if in the light of available evidence it is more likely than not that it will persist for the foreseeable future.  This will be taken as lasting for more than two years.  A condition may be considered fully stabilised if it is unlikely that there will be any significant functional improvement, with or without reasonable treatment, within the next 2 years.

6.  In order to assess whether a condition is fully diagnosed, treated and stabilised, one must consider:

 what treatment or rehabilitation has occurred;

 whether treatment is still continuing or is planned in the near future;

 whether any further reasonable medical treatment is likely to lead to significant functional improvement within the next 2 years.

In this context, reasonable treatment is taken to be:

 treatment that is feasible and accessible ie, available locally at a reasonable cost;

 where a substantial improvement can reliably be expected and where the treatment or procedure is of a type regularly undertaken or performed, with a high success rate and low risk to the patient.

It is assumed that a person will generally wish to pursue any reasonable treatment that will improve or alleviate an impairment, unless that treatment has associated risks or side effects which are unacceptable to the person.  In those cases where significant functional improvement is not expected or where there is a medical or other compelling reason for a person not undertaking further treatment, it may be reasonable to consider the condition stabilised.

In exceptional circumstances, where a condition was considered not stabilised and a permanent impairment rating not assigned because reasonable treatment for a specific condition has not been undertaken, the medical officer should:

 evaluate and document the probable outcome of treatment and the main risks and or side effects of the treatment; and

 indicate why this treatment is reasonable; and

 note the reasons why the person has chosen not to have treatment.

7.  A single medical condition should be assessed on all relevant Tables when that medical condition is causing a separate loss of function in more than one body system.  For example, Diabetes Mellitus may need to be assessed using the endocrine (19), exercise tolerance (1), lower limb function (4), renal function (17), skin disorders (18) and visual acuity (13) tables.  When using more than one Table for a single medical condition the possibility of double assessment of a single loss of function must be guarded against.  For example, it is inappropriate to assess an isolated spinal condition under both the spine table (5) and the lower limb table (4) unless there is a definite secondary neurological deficit in a lower limb or limbs.

8.  In general, pain or fatigue should be assessed in terms of the underlying medical condition which causes it.  For example, Table 5 should be used for spinal pathology.  However, where the medical officer is of the opinion that the Tables underestimate the level of disability because of the presence of chronic entrenched pain, Table 20 can be used to assign a rating instead of the Table(s) that otherwise would be used to assess the loss of function to which the pain relates.  Medical officers must use their clinical judgement and be convinced that pain or fatigue is a significant factor contributing towards the person's overall functional impairment.  Medical reports and the person's history should consistently indicate the presence of chronic entrenched pain or fatigue.

9.  Always use a Table specific to the functional impairment being rated unless the instructions in a section specify otherwise.  The systemspecific Tables provide appropriate criteria with which to rate a disorder.  The procedure is to identify the loss of function, refer to the appropriate system Table and identify the correct rating eg. a person with a CVA (stroke) could be assessed under five different Tables: upper and lower limbs (3 and 4), neurological (8 and 9) and visual field disorders (15).  Table selection would depend on the functions affected.

10.  Ratings can only be assigned in accordance with the rating scores in each Table.  Ratings cannot be assigned between consecutive ratings (eg. a rating of fifteen cannot be assigned between ten and twenty).  Nor can ratings be assigned in excess of the maximum rating specified by each Table (eg. if the maximum rating for a Table is 30, the medical officer cannot assign a greater rating than this figure).  Ratings must be consistent with these Tables.  No idiosyncratic assessment systems are allowed.

11.  The scaling system for the Tables is based on points allocation with the number alongside each impairment descriptor representing the number of points to be allocated for that impairment.  Ratings between Tables are not always comparable although the ratings have been allocated on the basis of the likely impact of an impairment on work ability.  Where more than one impairment is present, separate scores are allotted for each and the values are added together giving a combined workrelated impairment rating.

12.  A medical condition such as Vascular disease (Stroke) may cause brain damage to different parts of the brain eg. damage to the cortex causing cognitive/comprehension impairments, damage to the speech centre causing aphasia (receptive or expressive communication impairments) and damage to the motor centre causing hemiparesis.  Each separate or additional loss of function must be assessed under the relevant Table(s), in this case Tables 8, 9, 3 and 4.  This is not double counting (also see paragraph 7).  Double counting is where one functional loss is counted twice.  For instance, where a condition causes a cognitive impairment, the presence of mental confusion may suggest an extra communication impairment.  However, if the speech centre of the brain is undamaged, the overall situation is regarded as a single impairment.

13.  These Tables have been scaled so that where two conditions cause a common or a combined functional loss, a single rating should be assigned for both conditions and this should reflect the combined loss of function from each of the two conditions.  For example, the presence of both heart disease and chronic lung disease may each cause difficulty with breathing and reduced effort tolerance.  The overall loss of function is a combined or common effect with a contribution from each condition.  In this case a single impairment rating is assigned based on overall reduction in effort tolerance using Table 1.


TABLE 1. LOSS OF CARDIOVASCULAR AND/OR RESPIRATORY FUNCTION: EXERCISE TOLERANCE

Cardiovascular and Respiratory function is measured by reference to exercise tolerance.  A rating is obtained from Table 1 by determining the lowest MET band which causes restriction in activity from a cardiac or respiratory condition. 1 MET is defined as average oxygen consumption at rest which is 3.5mL O2/kg/min.

The clinical judgement of medical officers based on history and examination is to be used but in cases where a reliable history is difficult to obtain despite discussions with the treating doctor or the history of exercise tolerance is inconsistent with clinical findings on examination, the results of an Exercise ECG or Respiratory Function Test may be obtained.

The appropriate MET level is calculated using the lists in Table 1.2.

Peripheral Vascular Disease is assessed under the lower limb Table 4.  Varicose veins are assessed under either the Lower Limb or Skin Table.  Hypertension is assessed under Table 20.  Where exercise intolerance is caused by a combination of cardiac and respiratory conditions, Table 1 is to be used and used only once.  Episodic conditions such as cardiac arrhythmias and episodic asthma should be assessed under Table 21 unless they are exercise induced.

Assignment of rating

Rating Symptomatic Activity Level (METs)

NIL 78 or higher

FIVE 67

FIFTEEN 56

TWENTY 45

THIRTY 34

FORTY 23 or less


TABLE 1.2 Metabolic cost of activities

INSTRUCTIONS

Listed below is a more comprehensive set of activities, with their corresponding MET level.  One MET represents the energy level expenditure associated with the consumption of 3.5ml O2/kg body weight/minute.  Please use this list to assist you in determining an appropriate symptomatic MET level for the claimant.

In determining the symptomatic activity level, greater reliance is placed on activities which involve a steady expenditure of energy (eg. walking steadily for 10 minutes) as opposed to a sporadic expenditure of energy (eg. playing one hole of golf).  The former activities are more reliable indicators of exercise tolerance.  Less reliance is placed on activities which can be completed in less than a few minutes, as symptoms may take longer than this to occur.

 

Metabolic Cost of Activities

1—2 METs Energy expended at rest or minimal activity

Lying down

sitting and drinking tea

using sewing machine (electric)

sitting down

sitting and talking on telephone

travelling in a car as passenger

strolling (slowly)

standing

typing

sitting and knitting

 

 

2—3 METs Energy expended to dress, wash and perform light household duties

Walking 3.5km/hr (slowly)

playing piano/violin/organ

clerical work which involves moving around

setting table

playing billiards

 

washing dishes

driving power boat

bench assembly work (sitting)

dressing

light sweeping

using selfpropelled mower

light tidying, dusting

horseback riding at walk

polishing silver

driving a car

lawn bowls

making bed

cooking, preparing meals

 

 

3—4 METs Energy required for walking at average pace

Walking 5km/hr (average

vacuuming

machine assembly

walking pace)

sedate cycling (10km/hr)

minor car repairs

shifting chairs

light gardening (weed/water)

light carpentry (chiselling, hammering, sawing and

hanging out washing

playing golf (with power buggy)

planing with hand tools)

tidying house (includes

welding

  

carrying heavy objects)

 

   

4—5 METs Moderate activities: encompasses more active daily activities with the exclusion of manual labour and vigorous exercise

Mopping floors

gentle swimming

stocking shelves with light

golf (pulling buggy,
  carrying bag)

ballroom dancing
stacking firewood

  objects
painting outside of house

beating carpets

cleaning windows

wallpapering

polishing furniture

pushing light power

walking 6.5km/hr

hoeing (soft soil)
showering

  mower over flat
  suburban lawn at slow,

  (sustained brisk walk,
  discomfort talking at the

cleaning car (excludes

  steady pace

  same time)

  vigorous polishing)

 

 

5—6 METs Heavy exercise: manual labour or vigorous sports

Shovelling dirt (12 throws/min.)

digging in garden

walking slowly but steadily up stairs

tennis doubles (social noncompetitive)

scrubbing floors

pushing a full wheelbarrow (20kg)

6—7 METs

loading truck with bricks

pace walking

carrying load upstairs (10kg)

7—8 METs Very heavy exercise

Jogging (8km/hr)

sawing hardwood with hand tools

using pick & shovel to dig  trenches

tennis (singles, noncompetitive)

swimming laps (noncompetitive)

  

8—9 METs

Running (9km/hr)

chopping hardwood

 

10 METs

Running quickly (10km/hr)

cycling quickly (25km/hr)

carrying loads (10kg) up a gradient


TABLE 2. LOSS OF RESPIRATORY FUNCTION: PHYSIOLOGICAL MEASUREMENTS

Respiratory function is measured by reference to exercise tolerance in the majority of cases and so Table 1 is used.  Spirometry can be used where the medical officer feels it is more appropriate for example, where a history of exercise tolerance is difficult to obtain and assess or the history of exercise tolerance is inconsistent with clinical findings on examination.  A rating is then obtained using Table 2.

Predictive nomograms for the forced expiratory volume over one second (FEV1) and the forced vital capacity (FVC) are at Tables 2.2 and 2.3.

Measurements of Forced Expiratory Volume in one second and Forced Vital Capacity should be performed with a vitalograph or equivalent instrument.  Ideally, three readings should be taken and the best of these used to calculate a rating. Calculate the ratio of FEV1 and FVC against the predicted figures as a percent. Testing pre and postbronchodilatation is unnecessary as the aim of assessment under this Table is to assess people in their "normal" state.  Furthermore, this Table is only to be used for people with irreversible lung disease.  The FEV1 is usually selectively reduced in Chronic Airflow Limitation and the FVC in Restrictive Lung Disorders.  The FEV1 should be used in preference to the FVC where there is a discrepancy between the two in Chronic Airflow Limitation.

Assignment of a rating

Rating % Predicted FEV1 or FVC

NIL 80+

TEN 7579

FIFTEEN 7074

TWENTY 6569

TWENTYFIVE 6064

THIRTY 5059

FORTY 49 or less


TABLE 2.2  Prediction nomogram—males

NOTES: From Kamburoff, Petia L., and Woitowitz, H.J. & R.H. (1972)

 


TABLE 2.3  Prediction nomogram—females

NOTES: From Kamburoff, Petia L., and Woitowitz, H.J. & R.H. (1972)

 


TABLE 3. UPPER LIMB FUNCTION

All upper limb problems are assessed under the upper limb Table (Table 3).  Each arm is assessed separately.  Determination of upper limb impairments must be based on a demonstrable loss of function.

Rating Criteria

NIL Can use dominant limb effectively and/or

 Demonstrable evidence of loss of strength, mobility, coordination, dexterity and/or sensation of upper limb which causes mild interference with hand function or manual handling.

FIVE Demonstrable evidence of loss of strength, mobility, coordination, dexterity and/or sensation of nondominant upper limb which causes moderate interference with hand function or manual handling.

TEN Demonstrable evidence of loss of strength, mobility, coordination, dexterity and/or sensation of dominant upper limb which causes moderate interference with hand function or manual handling.

FIFTEEN Demonstrable evidence of major loss of strength, mobility, coordination, dexterity and/or sensation of nondominant upper limb which causes significant interference with hand function or manual handling.

TWENTY Demonstrable evidence of major loss of strength, mobility, coordination, dexterity and/or sensation of dominant upper limb which causes significant interference with hand function or manual handling or

 Unable to use nondominant upper limb at all.

THIRTY Unable to use dominant upper limb at all.


TABLE 4. FUNCTION OF THE LOWER LIMBS

 Table 4 is used to assess lower limb not spinal function (see Table 5).  Assess both limbs together.  Determination of lower limb impairments must be based on a demonstrable loss of functions.

Rating Criteria

NIL Walks without difficulty on a variety of different terrains and at varying speeds for distances of more than 500m.

TEN Demonstrable loss of strength, mobility, stability, balance, coordination and/or sensation such as to cause moderate interference with walking and one or more of the following: climbing, squatting, sitting or kneeling or

 Pain or claudication restricts walking to 250500m or less, at a slow to moderate pace (4km/h).  Can walk further after resting.

TWENTY Demonstrable loss of strength, mobility, stability, balance, coordination and/or sensation such as to cause major interference with walking and one or more of the following: climbing, squatting, sitting or kneeling or

 Pain or claudication restricts walking (4km/h) to 50250m or less at a time.  Can walk further after resting or

 Unable to walk or stand but independently mobile using a selfpropelled wheelchair.

THIRTY Pain or claudication restricts walking (4km/h) to 50m or less at a time.  Can walk further after resting or restricted to walking in and around home and:

 requires quad stick, crutches or similar walking aid, or

 is unable to transfer without assistance.

FORTY Unable to walk or stand and mobile only in a motorised wheelchair or wheelchair with an attendant.


TABLE 5. SPINAL FUNCTION

 Determination of spinal impairments must be based on a demonstrable loss of function.

TABLE 5.1 Cervical spine

Rating Criteria

NIL Normal or nearly normal range of movement.

FIVE Loss of quarter of normal range of movement.

TEN Loss of half of normal range of movement and frequent/constant neck pain or loss of three quarters of normal range of movement with infrequent neck pain.

TWENTY Loss of threequarters of normal range of movement and constant neck pain.

THIRTY Loss of almost all movement, or complete ankylosis in position of function.

FORTY Ankylosis in an unfavourable position, or unstable joint.

TABLE 5.2 Thoraco—lumbarsacral spine

 As spinal mobility is a composite movement, this Table measures overall mobility of the trunk including hip movement and is not intended to measure mobility of individual spinal segments.

Rating Criteria

NIL Normal or nearly normal range of movement.

FIVE Loss of onequarter of normal range of movement.

TEN Loss of onequarter of normal range of movement as well as back pain or referred pain:

 with many physical activities and

 with standing for about 30 minutes and

 with sitting or driving for about 60 minutes.

  or

 Loss of half of normal range of movement.

TWENTY Loss of half of normal range of movement as well as back pain or referred pain:

 with most physical activities and

 with standing for about 15 minutes and

 with sitting or driving for about 30 minutes.

  or

 Loss of threequarters of normal range of movement.

FORTY Ankylosis in an unfavourable position, or unstable joint.


TABLE 6. PSYCHIATRIC IMPAIRMENT

 It is important to record a detailed psychiatric history, a mental state examination, and to distinguish between temporary and permanent psychiatric disorders.  People with established psychiatric disorders (eg. Bipolar Disorder) may be highly variable in their clinical presentation and this factor must be taken into account in the assessment.  The assessment of psychiatric impairment may benefit from investigating; reports from mental health case managers, compliance with and the effects of medication, support systems that people have in place, the degree of insight present and the presence of psychotic illness.  Where a person has a short term problem, for example an adjustment disorder with depression following an illness or marital breakdown, initially this should usually be considered to be of a temporary nature.  Table 6 is used for permanent psychiatric disorders only.  If there is insufficient clinical information available, a current or recent specialist report should be obtained.

Rating Criteria

NIL Mild but regular symptoms which tend to cause subjective distress.  On most occasions able to distract themselves from this distress.  Minimal interference with function in everyday situations.  Exacerbation of symptoms may cause occasional days off work.  (eg. There may be some loss of interest in activities previously enjoyed.  There may be occasional friction with family, colleagues or friends)  Medical therapy or some supportive treatment from treating doctor may be required.

TEN Moderate and regular symptoms and generally functioning with some difficulty.  (eg. noticeable reduction in social contacts or recreational activities, or the beginnings of some interference with interpersonal or workplace relationships).  May have received psychiatric treatment which has stabilised the condition.  Minor effects on work attendance and/or ability to work but the impairment would not prevent fulltime work.  (eg. short periods of absence from work).

TWENTY Psychiatric illness or disorder with either serious symptomatology OR impairment in functioning that requires treatment by a psychiatrist (eg. frequent suicidal ideation, severe obsessional rituals, frequent severe anxiety attacks, serious antisocial behaviour, diagnosed psychotic illness with continuing symptoms).  There is significant interference with interpersonal or workplace relationships with serious disruption of work attendance or ability to work.

THIRTY Serious psychiatric illness with major impairments in several areas, such as work, interpersonal relations, judgement, thinking, or mood (eg. depressed person avoids friends, neglects family, unable to do housework), OR some impairment in reality testing or communication (eg. speech is at times obscure, illogical or irrelevant).

FORTY Major chronic psychiatric illness which results in an inability to function in almost all areas, OR behaviour is considerably influenced by either delusions or hallucinations, OR serious impairment in communication (eg. sometimes incoherent or unresponsive) or judgement (eg. acts grossly inappropriately).


TABLE 7. ALCOHOL AND DRUG DEPENDENCE 

 Alcohol and drug dependence is assessed using Table 7.  A rating other than NIL on this Table should only be assigned where the person's medical and other reports, history and presentation consistently indicate chronic entrenched drug and alcohol dependence.  It should also be causing a functional impairment; the use of drugs or alcohol does not in itself constitute or necessarily indicate permanent impairment.  Any associated neurological functions or end organ damage should also be assessed on the appropriate tables in addition to Table 7.  The ratings are then added together to obtain a total workrelated impairment rating.

 When applying this Table, consideration should be given to the known biological and behavioural effects of particular substances.

Rating Criteria

NIL A pattern of alcohol or drug use with no or only minor effects on daily functioning or work capacity.

FIVE A pattern of alcohol or drug use sufficient to cause intermittent or temporary absence from work.

TWENTY Dependence on alcohol or other drugs, well established over time, which is sufficient to cause prolonged absences from work.  Reversible end organ damage may be present.

THIRTY Dependence on alcohol or other drugs, well entrenched over many years, with minimal residual work capacity.  Irreversible end organ damage may be present.

FORTY Pattern of heavy alcohol or other drug use with severe functional disability and irreversible end organ damage.


TABLE 8. NEUROLOGICAL FUNCTION:  MEMORY, PROBLEM SOLVING, DECISION MAKING ABILITIES & COMPREHENSION

 Table 8 is used to rate impairment of higher neurological functions of memory, problem solving, decision making ability and comprehension.  Loss of function within this group is rated only once using this Table.  If there are additional functional losses, these are also assessed using other relevant Tables.

 People with acquired brain injury may have associated problems with behaviour and/or insight.  These impairments may be rated using both Table 8 and Table 6.

 If there is insufficient clinical information available on cognitive function, a current or recent specialist report should be obtained (eg. neurologist, specialist physician or neuropsychologist).  The report should address functions of comprehension, memory, ability to concentrate, problem solving, loss of motivation, fatigue or any associated behavioural abnormalities or disorders.

Rating Criteria

NIL Comprehension, reasoning and memory are comparable with peers or only minor difficulties.

TEN Can understand movies, radio programs or group discussions, but with some difficulty.  Comprehension is good in most situations, but understanding is difficult in large groups, or when tired and upset.  Has difficulty coping with rapid changes of topic or

 Mild impairment of problem solving and ability to concentrate: appropriate use is made of accumulated knowledge, and reasonable judgement is shown in routine daily activities most of the time.  Difficulties are apparent in new circumstances or

 Mild impairment of memory.  Can learn, although at a slower rate than previously.  Impairment has little impact on everyday activity because of compensation through reliance on written notes, schedules, checklists and colleagues.

TWENTY Can understand speech facetoface, but confusion or fatigue occurs rapidly in any group.  Is unable to cope with rapid change in topic, or with complex topics and is unable to understand a series of work instructions from a supervisor or

 Moderate impairment of memory: has frequent difficulty in recalling details of recent experiences; frequently misplaces objects; fails to follow through with intentions or obligations; tends to get lost more easily in unfamiliar areas.  Compensation through use of aids, eg, lists or diaries is normally adequate.  If restricted to familiar schedules, activities, procedures and areas, is largely independent or

 Moderate impairment of problemsolving ability and ability to concentrate: relies on accumulated knowledge.  Suffers significant disadvantage in circumstances requiring complex decisionmaking or nonroutine activities, ie, when past decisionmaking is not directly relevant.  Has reduced initiative/spontaneity, reduced ability to concentrate and/or reduced capacity for abstract thinking or

 Significant perceptual problems (visual, space or time) making learning and complying with work tasks very difficult.

THIRTY Can understand only simple sentences, and follow simple sentences from context and gesture, although frequent repetition is needed.

FORTY Can understand only single words.  Shows some understanding of slowlyspoken simple sentences from context and gesture, although frequent repetition is needed or

 Severe loss of problem solving ability.  Is partially able to compensate, but unable to function with complete independence.


TABLE 9. COMMUNICATION FUNCTION—RECEPTIVE AND EXPRESSIVE LANGUAGE COMPETENCY

 This Table measures communication and language competency and addresses both receptive (processing) and expressive language impairment.  Hearing loss with impaired language processing or expression should be scored using this Table and Table 12.  Hearing loss with normal language competency should only be scored on Table 12.  Where language impairment is an effect of cognitive loss, a single rating should be assigned using Table 8 to reflect the combined loss of cognitive and language function.  Where language impairment is separate or additional to a cognitive impairment, these losses may be rated using Table 8 and Table 9.  The following factors should be considered in determining an impairment rating:

 The ability to independently and successfully use appropriate assistive devices, aids or strategies to reduce the impact of the impairment;

 The ability to make use of environmental cues and resources (including sign interpreters in the case of deaf people) to reduce the impact of the impairment;

 Intactness of other channels of communication:

 reading, writing, nonverbal language;

 The degree of effort required by the communication partner(s) in any particular communication setting;

 Appropriateness and degree of success of communicative interactions.

 If there is insufficient clinical information available on communication skills, a current or recent specialist report should be obtained (eg. speech pathologist, neurologist or neuropsychologist).  The report should comment on functional communication status, including the capacity to utilise compensatory strategies/aids to reduce the impact of the impairment.

Rating Criteria

NIL Satisfactory or only minor difficulties with communication

FIFTEEN Difficulty with unfamiliar, lengthy or complex verbal situations and unable to adapt or manage interruption but competent communication in favourable settings.  Could work in a wide range of occupations but high public contact and high communication content jobs may be too demanding.

TWENTY Communication is effortful and limited.  A communication partner is required to assist in interpreting the information.  Unable to cope with rapid change in topic or complex/abstract information but can understand simple sentences & follow information from context and gestures.  Could work in open employment in a limited range of occupations but could not manage jobs which require high communication demands or public contact.

THIRTY Communication is very limited.  May be able to use context to convey message and may be able to comprehend material if it is repeated, rephrased or represented in another format.  May convey information via a YES/NO response.  Unlikely to cope with open employment unless work tasks had minimal communication requirements.

FORTY There is little or no functional understanding of verbal language and communication relies entirely on someone else to interpret meaning.  May have an augmentative/communication device or board but only able to use it effectively in familiar settings.  Unlikely to cope with any open employment.


TABLE 10. INTELLECTUAL DISABILITY

 This Table is only to be used for intellectual disability.  Three key criteria are assessed, IQ using the Weschler Adult Intelligence Scale (Revised WAISR) and two areas of social functioning: adaptive behaviour and capacity for independent living.  The claimant is given a score for each and the three scores are then added.  The final figure is converted to a workrelated impairment rating using the table below.  A score can only be assigned for the two social functioning criteria if a score has been assigned for a low IQ.  Where it is clear that the person is moderately to severely intellectually impaired, formal psychometric testing may not be necessary but in borderline and mild cases where no formal testing has been performed, this should be arranged.

INTELLIGENCE (IQ) SCORE ADAPTIVE BEHAVIOUR SCORE

Normal 0 No or only mild 0
  behavioural problems

70 79 3 Moderate to severe 3
  behavioural problems

50 69 5

30 49 6

Below 30 8


CAPACITY FOR INDEPENDENT LIVING SCORE

Selfsufficient 0

Needs supervision of daily activities and 3
routine financial transactions eg. needs to be
reminded to perform routine tasks/personal care

Needs regular help with daily activities and 4
routine financial transactions

Needs major help with daily activities and 5
routine financial transactions

Totally dependent 6

(Conversion Table follows)

Table for conversion to workrelated impairment rating

SCORE RATING

3 TEN

5 TWENTY

6 TWENTY FIVE

7 THIRTY

8 THIRTY FIVE

9 or above FORTY


TABLE 11.1 GASTROINTESTINAL: STOMACH, DUODENUM, LIVER AND BILIARY TRACT

Rating Criteria

NIL Peptic ulcer/oesophagitis/liver disease: mild symptoms despite optimal treatment.

TEN Nausea and vomiting: moderate symptoms despite optimal treatment

 Peptic ulcer/oesophagitis: continuing frequent symptoms despite optimal treatment

 Past gastric surgery with moderate dyspepsia and dumping syndrome

 Established chronic liver disease.  Symptoms (eg fatigue, nausea) may cause minor loss of efficiency in daily activities but rarely prevent completion of any activity.

TWENTY Constant dysphagia requiring regular dilatation

 Vomiting: severe, not controlled despite optimal medication, and causing significant weight loss

 Peptic ulcer refractory to all treatment including surgery or with complications eg bleeding or outlet obstruction

 Established chronic liver disease.  Symptoms (eg, more persistent fatigue, nausea, abdominal pain) may prevent or lead to avoidance of some daily tasks and simple tasks will usually aggravate symptoms of fatigue.  Most daily activities can be completed but only with some difficulty.

THIRTY Diet limited to liquid or to pureed food or long term total parenteral nutrition

 Gastrostomy

 Established chronic liver disease.  Symptoms (eg, ascites, bleeding disorders, hepatic encephalopathy, more severe fatigue, nausea, vomiting) may cause substantial difficulty with most daily tasks.

TABLE 11.2 GASTROINTESTINAL: PANCREAS, SMALL AND LARGE BOWEL, RECTUM AND ANUS

Rating Criteria

NIL Anal disorder: infrequent and minor symptoms, eg, haemorrhoids, anal fissures, controlled by medication

 Bowel disorder, eg, irritable bowel, diverticulosis: infrequent and minor symptoms such as constipation, or bowel disorder which respond to dietary treatment alone.

TEN Bowel disorder: frequent moderate symptoms despite optimal treatment

 Occasional faecal soiling despite optimal treatment

 Anal disorder: marked symptoms despite regular treatment

 Colostomy, ileostomy well controlled

 Established chronic pancreatic disease with moderate symptoms (pain/steatorrhoea)

 Large abdominal hernia not easily reduced and resulting in persistent moderate symptoms.

TWENTY Faecal soiling necessitating frequent changes of underwear and an incontinence pad despite optimal treatment

 Bowel disorder: marked symptoms, such as regular diarrhoea and frequent abdominal pain, only partially controlled by optimal treatment

 Colostomy, ileostomy poorly controlled

 Large abdominal hernia and/or repeated unsatisfactory hernia repairs resulting in frequent and persistent severe symptoms

 Established chronic pancreatic disease with severe symptoms (pain/steatorrhoea).

THIRTY Bowel disorder: diarrhoea and abdominal pain on most days, with poor response to treatment and considerable interference with daily routine

 Jejunostomy

 Established chronic pancreatic disease with severe symptoms (pain/steatorrhoea) and with intractable complications.

FORTY Complete faecal incontinence.


TABLE 12. HEARING FUNCTION

 Testing to be carried out without a hearing aid.

Assignment of workrelated impairment rating

 Percentage Loss of
 Binaural Hearing Rating

 0 24.9 NIL

 25 34.9 FIVE

 35 44.9 TEN

 45 54.9 FIFTEEN

 55 64.9 TWENTY

 65 74.9 TWENTY FIVE

 75 84.9 THIRTY

 85 94.9 THIRTY FIVE

 95 100 FORTY

 

TABLE 12.2 500 Hz

 VALUES OF PERCENTAGE LOSS OF HEARING CORRESPONDING TO GIVEN
 HEARING THRESHOLD LEVELS IN THE BETTER AND WORSE EARS AT 500Hz

HTL BETTER EAR

 

15

20

25

30

35

40

45

50

55

60

65

70

75

80

85

90

95

HTL WORSE EAR

15

0.0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

20

0.4

0.6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

25

0.6

1.0

1.4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

30

1.0

1.4

2.0

2.8

 

 

 

 

 

 

 

 

 

 

 

 

 

35

1.3

1.8

2.5

3.4

4.5

 

 

 

 

 

 

 

 

 

 

 

 

40

1.7

2.2

3.0

3.9

5.1

6.4

 

 

 

 

 

 

 

 

 

 

 

45

2.0

2.6

3.4

4.3

5.5

6.8

8.1

 

 

 

 

 

 

 

 

 

 

50

2.3

2.9

3.7

4.7

5.8

7.1

8.4

9.7

 

 

 

 

 

 

 

 

 

55

2.5

3.2

4.0

5.0

6.1

7.3

8.6

9.9

11.2

 

 

 

 

 

 

 

 

60

2.7

3.4

4.2

5.2

6.3

7.5

8.8

10.0

11.3

12.6

 

 

 

 

 

 

 

65

2.8

3.5

4.4

5.4

6.5

7.7

8.9

10.2

11.5

12.7

14.0

 

 

 

 

 

 

70

2.9

3.7

4.5

5.5

6.6

7.8

9.1

10.3

11.6

12.9

14.2

15.5

 

 

 

 

 

75

3.0

3.8

4.7

5.7

6.8

8.0

9.2

10.5

11.8

13.1

14.5

15.7

16.9

 

 

 

 

80

3.1

3.9

4.8

5.8

6.9

8.1

9.3

10.6

12.0

13.3

14.7

16.0

17.2

18.2

 

 

 

85

3.2

4.0

4.9

5.9

7.0

8.2

9.4

10.7

12.1

13.5

14.9

16.2

17.4

18.4

19.1

 

 

90

3.4

4.1

5.0

6.0

7.1

8.1

9.5

10.8

12.2

13.6

15.0

16.3

17.6

18.5

19.2

19.7

 

95

3.4

4.2

5.1

6.1

7.1

8.1

9.5

10.8

12.2

13.6

15.0

16.4

17.6

18.6

19.3

19.7

20.0

 TABLE 12.3 1000 Hz

 VALUES OF PERCENTAGE LOSS OF HEARING CORRESPONDING TO GIVEN
 HEARING THRESHOLD LEVELS IN THE BETTER AND WORSE EARS AT 1000Hz

HTL BETTER EAR

 

15

20

25

30

35

40

45

50

55

60

65

70

75

80

85

90

95

HTL WORSE EAR

15

0.0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

20

0.5

0.8

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

25

0.8

1.2

1.8

 

 

 

 

 

 

 

 

 

 

 

 

 

 

30

1.2

1.7

2.5

3.5

 

 

 

 

 

 

 

 

 

 

 

 

 

35

1.7

2.3

3.1

4.3

5.7

 

 

 

 

 

 

 

 

 

 

 

 

40

2.1

2.8

3.7

4.9

6.3

8.0

 

 

 

 

 

 

 

 

 

 

 

45

2.5

3.3

4.2

5.4

6.9

8.5

10.2

 

 

 

 

 

 

 

 

 

 

50

2.8

3.6

4.7

5.9

7.3

8.8

10.5

12.1

 

 

 

 

 

 

 

 

 

55

3.1

3.9

5.0

6.2

7.6

9.1

10.7

12.4

14.0

 

 

 

 

 

 

 

 

60

3.3

4.2

5.3

6.5

7.9

9.4

11.0

12.6

14.2

15.7

 

 

 

 

 

 

 

65

3.5

4.4

5.5

6.7

8.1

9.6

11.2

12.8

14.4

15.9

17.5

 

 

 

 

 

 

70

3.7

4.6

5.7

6.9

8.3

9.8

11.3

12.9

14.6

16.2

17.8

19.4

 

 

 

 

 

75

3.8

4.7

5.8

7.1

8.5

10.0

11.5

13.1

14.8

16.4

18.1

19.7

21.1

 

 

 

 

80

3.9

4.9

6.0

7.3

8.6

10.1

11.7

13.3

15.0

16.7

18.4

20.0

21.5

22.7

 

 

 

85

4.1

5.0

6.2

7.4

8.8

10.3

11.8

13.4

15.1

16.9

18.6

20.3

21.7

23.0

23.9

 

 

90

4.2

5.2

6.3

7.5

8.9

10.3

11.9

13.5

15.2

17.0

18.7

20.4

21.9

23.2

24.1

24.6

 

95

4.3

5.3

6.4

7.6

8.9

10.3

11.9

13.5

15.2

17.0

18.7

20.5

22.0

23.3

24.2

24.7

25.0

TABLE 12.4 1500 Hz

VALUES OF PERCENTAGE LOSS OF HEARING CORRESPONDING TO GIVEN
HEARING THRESHOLD LEVELS IN THE BETTER AND WORSE EARS AT 1500Hz

HTL BETTER EAR

 

15

20

25

30

35

40

45

50

55

60

65

70

75

80

85

90

95

HTL WORSE EAR

15

0.0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

20

0.4

0.6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

25

0.6

1.0

1.4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

30

1.0

1.4

2.0

2.8

 

 

 

 

 

 

 

 

 

 

 

 

 

35

1.3

1.8

2.5

3.4

4.5

 

 

 

 

 

 

 

 

 

 

 

 

40

1.7

2.2

3.0

3.9

5.1

6.4

 

 

 

 

 

 

 

 

 

 

 

45

2.0

2.6

3.4

4.3

5.5

6.8

8.1

 

 

 

 

 

 

 

 

 

 

50

2.3

2.9

3.7

4.7

5.8

7.1

8.4

9.7

 

 

 

 

 

 

 

 

 

55

2.5

3.2

4.0

5.0

6.1

7.3

8.6

9.9

11.2

 

 

 

 

 

 

 

 

60

2.7

3.4

4.2

5.2

6.3

7.5

8.8

10.0

11.3

12.6

 

 

 

 

 

 

 

65

2.8

3.5

4.4

5.4

6.5

7.7

8.9

10.2

11.5

12.7

14.0

 

 

 

 

 

 

70

2.9

3.7

4.5

5.5

6.6

7.8

9.1

10.3

11.6

12.9

14.2

15.5

 

 

 

 

 

75

3.0

3.8

4.7

5.7

6.8

8.0

9.2

10.5

11.8

13.1

14.5

15.7

16.9

 

 

 

 

80

3.1

3.9

4.8

5.8

6.9

8.1

9.3

10.6

12.0

13.3

14.7

16.0

17.2

18.2

 

 

 

85

3.2

4.0

4.9

5.9

7.0

8.2

9.4

10.7

12.1

13.5

14.9

16.2

17.4

18.4

19.1

 

 

90

3.4

4.1

5.0

6.0

7.1

8.3

9.5

10.8

12.2

13.6

15.0

16.3

17.6

18.5

19.2

19.7

 

95

3.4

4.2

5.1

6.1

7.1

8.3

9.5

10.8

12.2

13.6

15.0

16.4

17.6

18.6

19.3

19.7

20.0

TABLE 12.5 2000 Hz

VALUES OF PERCENTAGE LOSS OF HEARING CORRESPONDING TO GIVEN
HEARING THRESHOLD LEVELS IN THE BETTER AND WORSE EARS AT 2000Hz

HTL BETTER EAR

 

15

20

25

30

35

40

45

50

55

60

65

70

75

80

85

90

95

HTL WORSE EAR

15

0.0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

20

0.3

0.5

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

25

0.5

0.7

1.1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

30

0.7

1.0

1.5

2.1

 

 

 

 

 

 

 

 

 

 

 

 

 

35

1.0

1.4

1.9

2.5

3.4

 

 

 

 

 

 

 

 

 

 

 

 

40

1.3

1.7

2.2

2.9

3.8

4.8

 

 

 

 

 

 

 

 

 

 

 

45

1.5

1.9

2.5

3.3

4.1

5.1

6.1

 

 

 

 

 

 

 

 

 

 

50

1.7

2.2

2.8

3.5

4.4

5.3

6.3

7.3

 

 

 

 

 

 

 

 

 

55

1.9

2.4

3.0

3.7

4.6

5.5

6.4

7.4

8.4

 

 

 

 

 

 

 

 

60

2.0

2.5

3.1

3.9

4.7

5.6

6.6

7.5

8.5

9.4

 

 

 

 

 

 

 

65

2.1

2.6

3.3

4.0

4.9

5.7

6.7

7.6

8.6

9.6

10.5

 

 

 

 

 

 

70

2.2

2.7

3.4

4.1

5.0

5.9

6.8

7.8

8.7

9.7

10.7

11.6

 

 

 

 

 

75

2.3

2.8

3.5

4.3

5.1

6.0

6.9

7.9

8.9

9.9

10.8

11.8

12.7

 

 

 

 

80

2.4

2.9

3.6

4.4

5.2

6.1

7.0

8.0

9.0

10.0

11.0

12.0

12.9

13.6

 

 

 

85

2.4

3.0

3.7

4.4

5.3

6.1

7.1

8.1

9.1

10.1

11.1

12.1

13.0

13.8

14.3

 

 

90

2.5

3.1

3.8

4.5

5.3

6.2

7.1

8.1

9.1

10.2

11.2

12.2

13.2

13.9

14.4

14.8

 

95

2.6

3.2

3.8

4.6

5.4

6.2

7.1

8.1

9.1

10.2

11.3

12.3

13.2

14.0

14.5

14.8

15.0

TABLE 12.6 3000 Hz

VALUES OF PERCENTAGE LOSS OF HEARING CORRESPONDING TO GIVEN
HEARING THRESHOLD LEVELS IN THE BETTER AND WORSE EARS AT 3000Hz

HTL BETTER EAR

 

15

20

25

30

35

40

45

50

55

60

65

70

75

80

85

90

95

HTL WORSE EAR

15

0.0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

20

0.2

0.3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

25

0.3

0.5

0.7

 

 

 

 

 

 

 

 

 

 

 

 

 

 

30

0.5

0.7

1.0

1.4

 

 

 

 

 

 

 

 

 

 

 

 

 

35

0.7

0.9

1.2

1.7

2.3

 

 

 

 

 

 

 

 

 

 

 

 

40

0.8

1.1

1.5

2.0

2.5

3.2

 

 

 

 

 

 

 

 

 

 

 

45

1.0

1.3

1.7

2.2

2.7

3.4

4.1

 

 

 

 

 

 

 

 

 

 

50

1.1

1.4

1.9

2.3

2.9

3.5

4.2

4.8

 

 

 

 

 

 

 

 

 

55

1.2

1.6

2.0

2.5

3.0

3.6

4.3

4.9

5.6

 

 

 

 

 

 

 

 

60

1.3

1.7

2.1

2.6

3.1

3.7

4.4

5.0

5.6

6.3

 

 

 

 

 

 

 

65

1.4

1.8

2.2

2.7

3.2

3.8

4.4

5.1

5.7

6.4

7.0

 

 

 

 

 

 

70

1.5

1.8

2.3

2.8

3.3

3.9

4.5

5.2

5.8

6.5

7.1

7.7

 

 

 

 

 

75

1.5

1.9

2.3

2.8

3.4

4.0

4.6

5.2

5.9

6.6

7.2

7.8

8.4

 

 

 

 

80

1.6

2.0

2.4

2.9

3.4

4.0

4.7

5.3

6.0

6.6

7.3

8.0

8.6

9.1

 

 

 

85

1.6

2.0

2.5

3.0

3.5

4.1

4.7

5.4

6.0

6.7

7.4

8.1

8.7

9.2

9.5

 

 

90

1.7

2.1

2.5

3.0

3.5

4.1

4.7

5.4

6.1

6.8

7.5

8.2

8.8

9.2

9.6

9.8

 

95

1.7

2.1

2.6

3.0

3.6

4.1

4.7

5.4

6.1

6.8

7.5

8.2

8.8

9.3

9.6

9.8

10.0

 TABLE 12.7 4000 Hz

 VALUES OF PERCENTAGE LOSS OF HEARING CORRESPONDING TO GIVEN
 HEARING THRESHOLD LEVELS IN THE BETTER AND WORSE EARS AT 4000Hz

HTL BETTER EAR

 

20

25

30

35

40

45

50

55

60

65

70

75

80

85

90

95

HTL WORSE EAR

20

0.0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

25

0.2

0.3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

30

0.3

0.5

0.8

 

 

 

 

 

 

 

 

 

 

 

 

 

35

0.5

0.7

1.0

1.5

 

 

 

 

 

 

 

 

 

 

 

 

40

0.6

0.9

1.3

1.8

2.5

 

 

 

 

 

 

 

 

 

 

 

45

0.8

1.1

1.5

2.1

2.7

3.5

 

 

 

 

 

 

 

 

 

 

50

0.9

1.3

1.7

2.3

2.9

3.6

4.4

 

 

 

 

 

 

 

 

 

55

1.0

1.4

1.9

2.4

3.1

3.8

4.5

5.2

 

 

 

 

 

 

 

 

60

1.2

1.5

2.0

2.6

3.2

3.9

4.6

5.3

6.0

 

 

 

 

 

 

 

65

1.2

1.6

2.1

2.7

3.3

3.9

4.6

5.3

6.0

6.7

 

 

 

 

 

 

70

1.3

1.7

2.2

2.7

3.4

4.0

4.7

5.4

6.1

6.8

7.5

 

 

 

 

 

75

1.4

1.8

2.3

2.8

3.4

4.1

4.8

5.5

6.2

6.9

7.6

8.2

 

 

 

 

80

1.4

1.9

2.3

2.9

3.5

4.2

4.9

5.6

6.3

7.0

7.7

8.4

8.9

 

 

 

85

1.5

1.9

2.4

3.0

3.6

4.2

4.9

5.7

6.4

7.1

7.8

8.5

9.0

9.5

 

 

90

1.6

2.0

2.5

3.0

3.6

4.3

5.0

5.7

6.5

7.2

7.9

8.6

9.1

9.5

9.8

 

95

1.6

2.0

2.5

3.1

3.7

4.3

5.0

5.7

6.5

7.2

8.0

8.7

9.2

9.6

9.8

10.0

TABLE 13. VISUAL ACUITY IN THE BETTER EYE

 Workrelated impairment in relation to a loss of visual acuity is assessed by measuring visual acuity. This refers to best corrected vision in the better eye with spectacles or contact lenses (if applicable). Referral to an optometrist or ophthalmologist may be required if there is doubt as to whether best corrected vision has been achieved or with the accuracy of the Snellen's Chart assessment. A person meets the criteria for permanent blindness under section 95 of the Social Security Act if the corrected visual acuity is less than 6/60 on the Snellen Scale in both eyes or there is a combination of visual defects resulting in the same degree of permanent visual loss.

Visual Acuity Rating

 

 

Cataract operation

(unilateral and bilateral aphakia not to receive a different rating)

 

Implant

Contact lenses

Glasses

6/6

0

0

0

10

6/9

0

0

10

20

6/12

5

10

20

40

6/18

10

20

40

40

6/24 or worse

20

40

40

40

 

TABLE 14. MISCELLANEOUS EYE CONDITIONS

 

Visual Disturbance

Rating

Squint (Heterophoria):  Latent

0

Squint (Heterotropia):  Without diplopia

0

Acquired Heterotropia (squint) with diplopia:

 

 one quadrant of upward gaze

5

 all directions of upward gaze

10

 one quadrant of downward gaze

10

 one direction of sideways gaze

10

 both directions of sideways gaze

10

 all directions of gaze

20

 all directions of downward gaze

20

 all range of near vision

20

Constant irritation of eyes, photophobia, epiphora, ectropion or entropion


0

Gaze defects (vertical and/or horizontal)

10

Glaucoma without visual loss

0

Longstanding Blepharospasm

10

Loss of stereoscopic vision in absence of squint

 

 Permanent (eg. blind in one eye)

5

 Intermittent (eg. ptosis or tarsorrhaphy)

10

Nystagmus without diplopia

Rate as for visual acuity

Retinal Dystrophy with night blindness

Rate as for visual acuity and visual fields

 

TABLE 15. VISUAL FIELDS

 It is usually necessary to seek ophthalmological advice for an accurate assessment under this Table. A person meets the criteria for permanent blindness under section 95 of the Social Security Act if their field of vision is constricted to ten degrees or less of arc from central fixation in the better eye irrespective of corrected visual acuity or there is a combination of visual defects resulting in the same degree of visual impairment.

 

Type of Defect

Rating

 

 

Only one eye affected

Both eyes affected (or there is only one eye and it is affected)

Temporal Hemianopia

10

20

Nasal Hemianopia

10

20

Upper half loss

10

20

Lower half loss

20

20

Upper quadrant loss

0

20

Lower quadrant loss

0

20

Constriction outside 30 degrees of fixation


0


0

Constriction to within
30 degrees of fixation


10


10

Constriction to within
20 degrees of fixation


20


20

Constriction to within
10 degrees of fixation


20

permanent blindness (see above)

 

TABLE 16. LOWER URINARY TRACT

 This Table is to be used for incontinence and other urethral and bladder outlet disorders.

Rating Criteria

NIL Minor stress incontinence. Bladder outlet or urethral obstruction with mild symptoms.

TEN Loss of voluntary control of bladder, but satisfactory emptying achieved by triggering of reflex activity, suprapubic pressure or Valsalva manoeuvre. No incontinence aid needed

  or

 Ileal or Sigmoid conduit

  or

 Chronic Urinary Obstruction needing regular catheterisation.

TWENTY Loss of voluntary control of bladder with dribbling incontinence needing frequent change of incontinence pads, or a collection device, eg, urodome catheter

  or

 Ureterosigmoidostomy.

TABLE 17. RENAL FUNCTION

 As renal disease has systemic effects, assessment of renal impairment as it impacts on work capacity is based upon the loss of function resulting from these systemic effects. For example, for persistent generalised symptoms such as fatigue use Table 20, refractory anaemia is assessed using Table 20, persistent gastrointestinal symptoms (eg. vomiting) despite optimal treatment are assessed using Table 11 and persistent Central Nervous System symptoms using Table 8. Renal transplants are assessed using Table 20.

 Dialysis is rated as follows:

FIFTEEN All types of dialysis (except outpatient haemodialysis) which are functioning well. Some decreased ability to carry out everyday activities but independence is retained.

TWENTY Outpatient haemodialysis and all types of dialysis which are functioning poorly. More severe symptoms with a decreased ability to carry out many everyday activities. Most daily activities can be completed with some difficulty. Symptoms may prevent or lead to avoidance of some daily tasks and simple tasks will usually aggravate symptoms of fatigue.

THIRTY End stage renal disease with very severe symptoms which lead to substantial difficulties with most daily tasks.

FORTY End stage renal disease leading to major restrictions in many everyday activities. Capacity for selfcare is restricted leading to dependence on others.

TABLE 18. SKIN DISORDERS

 In the evaluation of workrelated impairment resulting from a skin disorder, the actual functional loss is the prime consideration. However, where there is extensive cosmetic or cutaneous involvement, this should also be considered.

Rating Criteria

NIL Signs and symptoms of skin disorder present and with treatment there is NO limitation in the performance of normal daily activities.

TEN Signs and symptoms of skin disorder present despite optimal treatment and results in some interference with normal daily activities.

TWENTY Signs and symptoms of skin disorder present despite optimal treatment and results in significant interference with normal daily activities.

FORTY Very severe symptoms requiring continuous treatment which may include periodic confinement to home or hospital and needs considerable assistance with normal daily activities.

TABLE 19. ENDOCRINE DISORDERS

 The effects of endocrine disorders eg. diabetes mellitus on other body systems eg. the vascular and visual systems should be assessed from the appropriate tables and added together with values from this table.

Rating Criteria

NIL Thyroid disease, Acromegaly, Cushing's disease, Prolactinoma, Diabetes Mellitus, Diabetes Insipidus, Parathyroid Disease, Paget's disease, Osteoporosis, Addison's Disease adequately controlled with hormone replacement and/or surgery and/or radiotherapy and/or therapeutic agents.

TEN Thyroid disease, Acromegaly, Cushing's disease, Prolactinoma, Diabetes Insipidus, Parathyroid Disease, Paget's disease or Osteoporosis which is incompletely controlled or treated eg. symptomatic Paget's disease, osteoporosis or other bone disease with pain not completely controlled by continuous therapy.

TWENTY Diabetes mellitus or Addison's Disease not satisfactorily controlled despite vigorous therapy as indicated by for example frequent hospital admissions, recurrent hypoglycaemic or hypotensive episodes and/or progressive end organ damage.

TABLE 20. MISCELLANEOUS MALIGNANCY, HYPERTENSION, HIV INFECTION, MORBID OBESITY (ie BMI >40), HEART/LIVER/KIDNEY TRANSPLANTS, MISCELLANEOUS EAR/NOSE/THROAT CONDITIONS & CHRONIC FATIGUE OR PAIN

 Table 20 can be used for miscellaneous conditions, for example, malignancy, HIV infection, morbid obesity, transplants, miscellaneous ear/nose/throat conditions, disorders with chronic fatigue (including Chronic Fatigue Syndrome) or pain and hypertension. Where there is a separate loss of function, in addition to the loss which can be rated using the systemspecific Tables, Table 20 can be used. Doublecounting of a particular loss of function, by the use of more than one Table, must be avoided.

Rating Criteria

NIL Controlled hypertension

 Malignancy in remission with a good to fair prognosis

 Minor symptoms which are easily tolerated and have no appreciable effect on ability to work.

TEN Mild to moderate symptoms which are irritating or unpleasant but which rarely prevent completion of any activity. Symptoms may cause loss of efficiency in daily activities but minimal interference performing or persisting with workrelated tasks. There is minimal effect/impact on work attendance.

 Hypertension that is difficult to control despite intensive therapy but without endorgan damage

 Potentially lifethreatening condition which is currently not interfering with daily activities eg. malignancy in remission with a poor prognosis

 Heart/Liver/Kidney transplants well controlled (well functioning) with only mild systemic symptoms.

FIFTEEN Moderate to severe symptoms which are more distressing but prevent few everyday activities. Selfcare is unaffected and independence is retained. Symptoms may have mild to moderate impact on ability to perform or persist with workrelated tasks and/or attend work. Fulltime work would still be possible.

 Potentially lifethreatening condition which is currently interfering with daily activities but selfcare is unaffected.

TWENTY More severe symptoms with a decreased ability/efficiency to carry out many everyday activities. Most daily activities can be completed with some difficulty. Symptoms may prevent or lead to avoidance of some daily tasks and simple tasks will usually aggravate symptoms of fatigue. Symptoms cause significant interference with ability to perform or persist with workrelated tasks. Symptoms may cause prolonged absences from work.

THIRTY Very severe symptoms which lead to substantial difficulty with most daily tasks. Assistance with elements of selfcare may be required. Symptoms cause severe interference with ability to work or attend work (ie. minimal residual work capacity).

 Heart/Liver/Kidney transplants poorly controlled (poorly functioning) with fairly severe symptoms which lead to substantial difficulty with most daily tasks

 Malignant hypertension severe, uncontrolled

 Inoperable, symptomatic and lifethreatening aneurysm or malignancy. Very poor prognosis with only a very limited lifespan.

FORTY Major restrictions in many everyday activities. Capacity for selfcare is restricted, leading to dependence on others. No residual work capacity.

TABLE 21. INTERMITTENT CONDITIONS

Intermittent but continuing disorders that remain asymptomatic between discrete episodes of impairment eg. gout, epilepsy, Meniere's Disease, vertigo & tinnitus (only to be scored in the presence of a diagnosed condition causing these symptoms but if the symptoms are continuous Table 20 should be used) are rated by reference to severity, duration and frequency of attacks:

 severity during an attack is defined in the descriptions below;

 duration is defined in the descriptions below;

 frequency is determined by the number of affected days in a year.

A rating using the above three factors is made by first coding severity and duration into an intermittent grading. The code is then combined with frequency, using Table 21.4, to give the rating.

Some intermittent disorders may be rated using systemspecific tables. The systemspecific table is then used in preference eg. severe asthma where there is persistent airway limitation.

When episodes vary in severity, duration or frequency, an average for each factor should be estimated. More than one rating may be given for the same disorder. Thus for grand mal epilepsy one rating is given for the ictal phase and a second rating for the postictal stage. The two are then added together.

For acute exacerbations of chronic disorders, where the acute relapses are frequent and severe, the Intermittent Tables can be used in addition to the primary score derived for the underlying medical condition eg. frequent attacks of acute bronchitis can be scored using Table 21 in addition to Table 1 or 2 for Chronic Airways Limitation and the scores added together.

TABLE 21.1 Intermittent attack severity

Level Criteria

NIL Minor symptoms which are easily tolerated.

ONE Mild to moderate symptoms which are irritating or unpleasant but which rarely prevent completion of any activity. Symptoms may cause loss of efficiency in some activities.

TWO More severe symptoms which are distressing, but prevent few everyday activities. Loss of efficiency is discernible elsewhere. Selfcare is unaffected and independence is retained.

THREE Loss of efficiency is discernible in many everyday activities. Some elements of selfcare are restricted but in most respects, independence is retained. Bedrest is often necessary during an attack.

FOUR Major restrictions in many everyday activities. Capacity for selfcare is increasingly restricted, leading to partial dependence on others.

FIVE Most everyday activities are prevented. Dependent on others for many kinds of selfcare. Able to be maintained at home only with considerable difficulty, or hospital admission is required.

SIX Total incapacity. Unconscious or delirious. Selfcare is impossible.

TABLE 21.2 Intermittent attack duration

Description Duration

Transient Lasting up to and including five minutes.

Short Lasting more than five minutes but less than 30 minutes.

Medium Lasting from 30 minutes to four hours.

Prolonged Lasting more than four hours.

TABLE 21.3 Severity grading code

Description Severity Level

 

0

1

2

3

4

5

6

Transient

A

A

A

B

C

C

F

Short

A

A

C

C

D

E

H

Medium

A

B

C

D

E

H

I

Prolonged

A

C

D

F

G

I

J

A rating is obtained using Table 21.3 and Table 21.4:

 determine the intermittent grading code appropriate to the estimated severity and duration from Table 21.3; and

 make the rating appropriate to the intermittent grading code and frequency from Table 21.4.

 

TABLE 21.4 Assignment of a rating

Frequency (Affected days/year)

 

2+

5+

10+

20+

40+

100+

Intermittent

Rating

Grading code

A

B

 5

C

 5

10

D

 5

10

20

E

 5

10

30

F

 5

 5

10

30

G

 5

10

20

30

H

 5

10

30

40

I

 5

10

30

40

40

J

5

10

20

40

40

40


TABLE 22.  GYNAECOLOGICAL CONDITIONS

 Gynaecological conditions such as pelvic inflammatory disease and endometriosis should be assessed using Table 22. The Medical Officer should only use this Table for significant diagnosed conditions affecting normal daily functioning and which are likely to continue for the foreseeable future. Malignancy should be scored using Table 20. Disability due to mastectomy should only be scored where there is an associated loss of upper limb function and Table 3 should then be used. Postnatal depression may be scored using Table 6 if considered to be adversely affecting function for the next two years.

 For males, disorders of the genital system should be assessed under Tables 16 or 17.

Rating Criteria

NIL Minor symptoms which are easily tolerated. Minimal effect on daily functioning or work capacity.

TEN Moderate and frequent symptoms present despite treatment due to a condition which has been properly diagnosed. Some decreased ability to carry out every day activities but independence is retained.

TWENTY Moderate to severe symptoms frequently present despite optimal treatment due to a condition which has been properly diagnosed. Decreased ability to carry out everyday activities, requiring assistance with elements of selfcare.

THIRTY More severe symptoms frequently present despite optimal treatment due to a condition which has been properly diagnosed. This results in substantial difficulties with most daily tasks.

FORTY Severe symptoms frequently present despite optimal treatment due to a condition which has been properly diagnosed and needs considerable assistance with many daily activities.

 

Schedule 2Agreement on Social Security Between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland

Section 1208 

 

 

PART A

The Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland,

Wishing to strengthen the existing friendly relations between the two countries;

Having established reciprocity in the field of social security by means of an Agreement signed by the Parties at Canberra on 29 January 1958, which was amended by a further Agreement signed at Canberra on 16 August 1962 and by other Agreements set out in Exchanges of Notes at Canberra on 6 March 1975 and at London on 29 and 31 December 1986;

Wishing to consolidate the above Agreements and their extensions and modifications into a single document; and

Wishing to extend and modify the scope of that reciprocity and to take account of changes in their legislation;

Have agreed as follows:

PART I

GENERAL PROVISION

ARTICLE 1

DEFINITIONS

 (1) For the purpose of this Agreement, unless the context otherwise requires:

benefit means pension, allowance or benefit payable under the legislation of one (or the other) Party and includes any increase payable for a dependant.

competent authority means, in relation to the territory of the United Kingdom, the Secretary of State for Social Security for Great Britain, the Department of Health and Social Services for Northern Ireland, the Department of Health and Social Security of the Isle of Man, the Social Security Committee of the States of the Island of Jersey or the States of Guernsey Insurance Authority, as the case may require, and, in relation to Australia the Secretary to the Department of Social Security.

competent institution means the institution from which the person concerned is entitled to receive benefit or would be entitled to receive benefit if he were resident in the territory of the Party where that institution is situated.

contribution, in relation to the legislation of the United Kingdom, does not include a reduced rate contribution payable by a married woman or a widow, or a graduated contribution within the meaning of that legislation.

employed person means a person who, in the applicable legislation, comes within the definition of an employed earner or of an employed person or is treated as such and the words person is employed shall be construed accordingly.

employment means employment as an employed person and the words employ, employed or employer shall be construed accordingly.

equivalent period means, in relation to the United Kingdom, a period for which contributions appropriate to the benefit in question have been credited under the legislation of that Party.

family allowance, in relation to the United Kingdom, includes child benefit payable under the legislation of the United Kingdom, and, in relation to Australia means family allowance payable under the legislation of Australia.

former Agreement means the Agreement on Social Security signed at Canberra on 29 January 1958, on behalf of the Parties, as amended by the Agreement on Social Security signed at Canberra on 16 August 1962 and by the Agreements set out in the Exchanges of Notes at Canberra on 6 March 1975 and at London on 29 and 31 December 1986.

full standard rate means, in relation to any benefit payable under the legislation of the United Kingdom, the rate at which the beneficiary would be qualified to receive that benefit if the relevant contribution conditions were fully satisfied.

gainfully occupied means employed or selfemployed.

Guernsey means the Islands of Guernsey, Alderney, Herm and Jethou.

income support means income support payable under the legislation of Great Britain and Northern Ireland and supplementary benefit payable under the legislation of the Isle of Man.

legislation means the legislation specified in Article 2 which, in relation to the United Kingdom, is in force in any part of the territory of the United Kingdom and, in relation to Australia, is in force in Australia.

means test means any provision of the legislation of Australia which affects the payment or rate of a benefit on account of income or property.

qualified to receive means, in relation to the United Kingdom, entitled to receive subject to any disqualification or any provision about claiming, hospital treatment or overlapping benefits which may be appropriate.

retirement pension means retirement pension or old age pension payable under the legislation of the United Kingdom and includes a contributory old age pension under that legislation and any graduated retirement benefit constituted by an increase in the weekly rate of retirement pension under that legislation, but excludes additional (earningsrelated) pension payable under that legislation.

selfemployed person means a person who, in the applicable legislation, comes within the definition of a selfemployed earner or of a selfemployed person or is treated as such, and the words “person is selfemployed shall be construed accordingly.

spouse carer’s pension means a carer’s pension payable to a husband under the legislation of Australia.

territory means in relation to the United Kingdom, Great Britain, Northern Ireland and also the Isle of Man, the Island of Jersey and Guernsey.

widow means, in relation to Australia, a de jure widow but does not include a woman who is the de facto spouse of a man.

widow’s benefit means, in relation to the United Kingdom, widow’s allowance, widow’s payment, widowed mother’s allowance (including any graduated retirement benefit constituted by an increase in the weekly rate of widowed mother’s allowance), widowed father’s allowance or widow’s pension under the legislation of any part of the United Kingdom.

 (2) In the application by a Party of this Agreement in relation to a person, any term not defined in this Article shall, unless the context otherwise requires, have the meaning ascribed to it in the legislation of the Parties or, in the event of a conflict of meaning, by whichever of the legislation of the Parties is the more applicable to the circumstances of that person.

 (3) Any reference in this Agreement to Article means an Article of this Agreement, and any reference to a paragraph is a reference to a paragraph of the Article in which the reference is made, unless it is stated to the contrary.

ARTICLE 2

SCOPE OF LEGISLATION

 (1) The provisions of this Agreement shall apply:

 (a) in relation to the territory of the United Kingdom, to:

 (i) the Social Security Acts 1975 to 1989 and the Social Security (Northern Ireland) Acts 1975 to 1989;

 (ii) the Social Security Acts 1975 to 1989 (Acts of Parliament) as those Acts apply to the Isle of Man by virtue of Orders made, or having effect as if made, under the Social Security Act 1982 (an Act of Tynwald);

 (iii) the Social Security (Jersey) Law, 1974;

 (iv) the Social Insurance (Guernsey) Law, 1978;

 (v) the Child Benefit Act 1975, the Child Benefit (Northern Ireland) Order 1975 and the Child Benefit Act 1975 (an Act of Parliament) as that Act applies to the Isle of Man by virtue of Orders made, or having effect as if made, under the Social Security Act 1982 (an Act of Tynwald); the Family Allowances (Jersey) Law, 1972 and the Family Allowances (Guernsey) Law, 1950;

and to the legislation which was repealed or consolidated by those Acts, Laws or Orders or repealed by legislation consolidated by them; and

 (b) in relation to Australia, to the Social Security Act 1947.

 (2) Subject to the provisions of paragraphs (3) and (4) this Agreement shall apply also to any laws, orders and regulations which supersede, replace, amend, supplement or consolidate the legislation specified in paragraph (1).

 (3) This Agreement shall not affect any benefits payable under the legislation of either Party except in the manner set out in this Agreement.

 (4) This Agreement shall not apply to legislation on social security of the Institutions of the European Communities or to any convention or agreement on social security which either Party has concluded with a third party or to any laws, orders or regulations which amend the legislation specified in paragraph (1) for the purpose of giving effect to such a convention or agreement but shall not prevent either Party from taking into account under its legislation the provisions of any other convention or agreement which that Party has concluded with a third party.

 (5) Subject to the provisions of paragraph (2), this Agreement shall apply, unless the Parties agree otherwise, only to benefits described in the legislation specified in paragraph (1) at the date of coming into force of this Agreement and for which specific provision is made in this Agreement.

PART II

RETIREMENT PENSIONS, AGE PENSIONS AND BENEFITS FOR WIDOWS

ARTICLE 3

RETIREMENT PENSIONS

 (1) For the purpose of determining entitlement to retirement pension under the legislation of any part of the territory of the United Kingdom, a person who is permanently resident in that part of the territory shall be treated as if he or she, or, in the case of a claim made by a married woman or a widow by virtue of her husband’s insurance, her husband, had paid contributions under the legislation of that part of the territory for any period during which that person or that person’s husband, as the case may be:

 (a) was resident in Australia and had attained the age of sixteen years; and

 (b) being a woman had not attained the age of sixty years, or sixtyfive years in the case of Guernsey or Jersey, or being a man had not attained the age of sixtyfive years.

 (2) Where:

 (a) a woman claiming retirement pension by virtue of her own insurance had been, but is not at the time of the claim, married, and chooses to have her former husband’s contributions taken into account for the purpose of her claim; and

 (b) her former husband had been resident in Australia for any period between the ages of sixteen years and sixtyfive years;

her former husband shall be treated, for the purpose of her claim, as if he had paid contributions under the legislation of the territory of the United Kingdom for any period referred to in subparagraph (b).

 (3) Where a person who is permanently resident in any part of the territory of the United Kingdom was receiving an age pension, otherwise than by virtue of this Agreement or the former Agreement, at the time when he or she was last in Australia, and was over pensionable age at that time, he or she shall, if not qualified by virtue of the preceding paragraphs of this Article to receive retirement pension at the full standard rate under the legislation of that part of the territory of the United Kingdom, be treated as if he or she satisfied the contribution conditions for such a pension.

 (4) Any pension which is awarded by virtue of this Article shall continue to be payable if the pensioner ceases to be permanently resident in one part of the territory of the United Kingdom and becomes permanently resident in another part of the territory of the United Kingdom, and the competent authority of the latter part of the territory of the United Kingdom shall not determine entitlement under this Article.

 (5) Any pension which is awarded by virtue of this Article shall cease to be payable if the pensioner ceases to be permanently resident in the territory of the United Kingdom.

 (6) Where a person is entitled to receive a benefit by virtue of the provisions of this Article, the rate of benefit which he or she would otherwise be entitled to receive, but for this paragraph, shall be reduced by the amount of benefit which is payable by virtue of the legislation of Australia in accordance with the provisions of
Article 8(7).

ARTICLE 4

AGE PENSIONS

 (1) Where a person is qualified to receive an age pension under the legislation of Australia otherwise than by virtue of the provisions of this Agreement, or the former Agreement, that pension shall be payable and the provisions of this Article shall not apply under that legislation.

 (2) For the purpose of any claim by a person to receive an age pension under the legislation of Australia, that person shall be treated as an Australian resident for any period prior to that person’s last arrival in Australia for which:

 (a) that person; or

 (b) if that person is a woman who is or has been married, her husband,

paid contributions, or had earnings or contributions credited, under the legislation of the United Kingdom.

 (3) For the purpose of applying paragraph (2), any period during which the person (being a woman) and her husband both paid contributions or had earnings or contributions credited to them shall be counted only once.

 (4) For the purpose of applying paragraph (2), a period when the person or, if the person is a woman who is or has been married, her husband paid contributions or had earnings or contributions credited which coincided with a period in which that person was an Australian resident, shall be counted only once.

 (5) A person who receives from Australia a wife’s pension or a spouse carer’s pension by virtue of the fact that the spouse of that person receives an age pension by virtue of this Article, shall, for the purpose of this Agreement, be deemed to receive that pension by virtue of this Agreement.

ARTICLE 5

UK BENEFITS FOR WIDOWS

 (1) For the purpose of determining entitlement to widow’s benefit under the legislation of any part of the territory of the United Kingdom, a widow who is permanently resident in that part of the territory shall be treated as if her husband had paid contributions under the legislation of that part of the territory for any period during which he was resident in Australia between the ages of sixteen years and sixtyfive years.

 (2) Where a widow who is permanently resident in any part of the territory of the United Kingdom was receiving a pension payable to widows under the legislation of Australia, otherwise than by virtue of this Agreement or the former Agreement, at the time when she was last in Australia, and is not qualified by virtue of paragraph (1) to receive widow’s allowance, widowed mother’s allowance or widow’s pension at the full standard rate under the legislation of that part of the territory of the United Kingdom where she is permanently resident, she shall be qualified under that legislation to receive at the full standard rate:

 (a) widow’s allowance if she had been receiving a pension payable to widows under the legislation of Australia for less than one year in the case of Jersey and 26 weeks in the case of Guernsey; or

 (b) widowed mother’s allowance if she is not qualified to receive widow’s allowance or if she has ceased to be qualified to receive widow’s allowance, and if she has a child in her family or if she has residing with her a person under the age of nineteen years or sixteen years in the case of Jersey or eighteen years in the case of Guernsey, and the pension payable to widows which she was receiving at the time when she was last in Australia was being paid to her on the basis that that child or person was her dependent child; or

 (c) widow’s pension or retirement pension, as the case may require, if she is not qualified to receive widow’s allowance, or widowed mother’s allowance but had reached the age of fiftyfive years or forty years where that widow is permanently resident in Jersey or Guernsey, either before she last left Australia or when she ceased to be qualified to receive widow’s allowance or widowed mother’s allowance.

 (3) Any pension which is awarded by virtue of this Article shall continue to be payable if the pensioner ceases to be permanently resident in one part of the territory of the United Kingdom, and becomes permanently resident in another part of the territory of the United Kingdom, and the competent authority of the latter part of the territory of the United Kingdom shall not determine entitlement under this Article.

 (4) Any widow’s benefit which is awarded by virtue of this Article shall cease to be payable if the widow ceases to be permanently resident in the territory of the United Kingdom.

 (5) Where a person is entitled to receive a benefit by virtue of the provisions of this Article, the rate of benefit which she would otherwise be entitled to receive, but for this paragraph, shall be reduced by the amount of benefit which is payable by virtue of the legislation of Australia in accordance with the provisions of Article 8(7).

 (6) The provisions contained in this Article shall apply, in an equal and opposite way to widowed father’s allowance under the legislation of Jersey.

 (7) In the case of widows’ benefit payable under the legislation of Jersey, contribution credits shall only be awarded to widows permanently resident in Jersey.

 (8) In the case of widow’s benefit payable under the legislation of Guernsey:

 (a) Class 3 contributions shall be credited only to a widow who is permanently resident in Guernsey;

 (b) where Class 3 contributions have not been credited to a widow under the provisions of subparagraph (a) above and the rate of old age pension which would be payable is less than the rate of widow’s benefit payable immediately before pension age is attained the rate of old age pension shall be adjusted so that it is equal to the rate of widow’s benefit which was payable, or which would be payable, if widow’s benefit were payable beyond pension age.

ARTICLE 6

UK WIDOWED MOTHER’S ALLOWANCE—CHILD IN AUSTRALIA

Where a woman would be qualified under the legislation of the United Kingdom, otherwise than by virtue of this Agreement or the former Agreement, to receive widowed mother’s allowance, including an allowance for a child, if her child were in the territory of the United Kingdom, she shall be qualified to receive that allowance for any period during which the child is in Australia.

ARTICLE 7

AUSTRALIAN BENEFITS FOR WIDOWS

 (1) Where a person is qualified to receive a pension payable to widows under the legislation of Australia otherwise than by virtue of the provisions of this Agreement or the former Agreement, that pension shall be payable and the provisions of this Article shall not apply under that legislation.

 (2) For the purpose of any claim to receive a pension payable to widows under the legislation of Australia, a widow shall be treated as if she had been an Australian resident during any period for which her husband (or her last husband if more than one) had paid contributions or had had earnings or contributions credited to him under the legislation of the United Kingdom.

 (3) For the purpose of applying paragraph (2), any period when the widow was an Australian resident which coincided with a period when her husband (or her last husband if more than one) had paid contributions or had had earnings or contributions credited to him shall be counted only once.

ARTICLE 8

CONVERSION OF AUSTRALIAN RESIDENCE

 (1) For the purpose of calculating entitlement under the legislation of Great Britain, Northern Ireland or the Isle of Man, to any benefit in accordance with Articles 3 and 5, periods of residence in Australia before 6 April 1975 shall be treated as if they had been contribution or equivalent periods completed under that legislation.

 (2) For the purpose of calculating entitlement under the legislation of Great Britain, Northern Ireland or the Isle of Man, to any benefit in accordance with Articles 3 and 5, periods of residence in Australia on or after 6 April 1975 shall be treated as if a Class 3 contribution had been paid under that legislation for each week of residence.

 (3) Notwithstanding the provisions of paragraph (2), where residence in Australia during any tax year beginning on or after 6 April 1975 is for a period of less than the complete tax year then for each week of that period during which a person satisfies the competent authority that he or she was employed in Australia:

 (a) for each week up to 5 April 1987, a person shall be treated as having paid a contribution as an employed earner on earnings equivalent to twothirds of that year’s upper earnings limit under the legislation of Great Britain, Northern Ireland or the Isle of Man;

 (b) for each week commencing on or after 6 April 1987, a person shall be treated as having earnings on which primary Class 1 contributions have been paid under the legislation of Great Britain, Northern Ireland or the Isle of Man; these earnings shall be treated as equivalent to twothirds of that year’s upper earnings limit.

 (4) For the purpose of calculating entitlement under the legislation of Guernsey to any benefit in accordance with Articles 3 and 5, residence in Australia between the ages of sixteen years and sixtyfive years shall be treated as if a Class 3 contribution had been paid under the legislation of Guernsey for each week of residence.

 (5) For the purpose of calculating entitlement under the legislation of Jersey to any benefit in accordance with Articles 3 and 5, a person shall be treated:

 (a) for each week completed during residence in Australia between the ages of sixteen years and sixtyfive years, being a week in the relevant quarter, as having paid contributions which derive a quarterly contribution factor of 0.077 for that quarter;

 (b) for each week completed during residence in Australia between the ages of sixteen years and sixtyfive years, being a week in a relevant year, as having paid contributions which derive an annual contribution factor of 0.0193 for that year.

 (6) Where it is not possible to determine accurately the periods of time in which certain insurance periods were completed under the legislation of the United Kingdom, such periods shall be treated as if they did not overlap with periods of residence in Australia, and they shall be taken into account to the best advantage of the beneficiary.

 (7) For the purpose of calculating the rate of any benefit payable to a person under the legislation of the United Kingdom in accordance with the provisions of Articles 3, 5 or 13, the amount of any Australian benefit to be taken into account shall be initially the rate which that person is receiving at the date of entitlement to the United Kingdom benefit, and thereafter the rate which that person is receiving:

 (a) on the date on which the latest uprating order, made by the Secretary of State for Social Security under section 63 of the Social Security Act 1986, came into effect; or

 (b) in respect of Guernsey, on the date on which the latest Ordinance made under Section 19 of the Social Insurance (Guernsey) Law, 1978 came into effect; or

 (c) in respect of Jersey, annually on 1 October in accordance with Article 13 of the Social Security (Jersey) Law 1974.

 (8) Notwithstanding the provisions of paragraph (7), where a person referred to in that paragraph has the rate of that Australian benefit reduced under the legislation of Australia upon being absent from Australia for 12 months, the benefit payable to that person under the legislation of the United Kingdom shall be adjusted upon that reduction occurring.

ARTICLE 9

CONVERSION OF UK EARNINGS FACTORS OR CONTRIBUTION FACTORS

In order to convert to a period of contributions or credits for the purposes of Articles 4 and 7:

 (a) the competent authority of Great Britain, Northern Ireland or the Isle of Man shall divide any earnings factor achieved in any tax year commencing after 5 April 1975 under its legislation, by that years lower earnings limit;

 (b) the competent authority of Jersey shall multiply any contribution factor achieved by a person under its legislation:

 (i) by thirteen in the case of a quarterly contribution factor; and

 (ii) by fiftytwo in the case of an annual contribution factor.

The result shall be expressed as a whole number, any remaining fraction being ignored. The figure so calculated, subject to a maximum of the number of weeks during which the person was subject to that legislation in a quarter or in a year, shall be treated as representing the number of weeks of contributions or credits completed under that legislation.

PART III

UK FAMILY ALLOWANCE AND GUARDIAN’S ALLOWANCE

ARTICLE 10

FAMILY ALLOWANCE

 (1) Where a person who has been resident in Australia becomes permanently resident in the territory of the United Kingdom, the period during which that person was resident in Australia shall be treated, for the purpose of a claim by the person for family allowance under the legislation of the United Kingdom, as a period during which that person was resident in that territory.

 (2) For the purpose of any claim to family allowance under the legislation of Guernsey, a person whose place of birth is in Australia shall be treated as if his or her place of birth was in Guernsey.

 (3) In the case of Jersey, family allowance shall only be paid in respect of a child who is ordinarily resident in Jersey.

ARTICLE 11

GUARDIAN’S ALLOWANCE

 (1) Where a person who is permanently resident in the territory of the United Kingdom claims guardian’s allowance under the legislation of any part of that territory for a child who is permanently resident there, each complete week during which either parent of that child was resident in Australia after reaching sixteen years of age shall be treated as if that week had been a complete week of residence in that part of the territory of the United Kingdom or as if that parent had been an insured person under the legislation of Guernsey.

 (2) If either parent of a child referred to in paragraph (1) was born in Australia, that parent shall be treated as if he or she had been born in the United Kingdom.

PART IV

SICKNESS BENEFITS AND INVALIDITY BENEFITS

ARTICLE 12

AUSTRALIAN SICKNESS BENEFIT

Where a person who is temporarily absent from any part of the territory of the United Kingdom and who is legally in Australia claims sickness benefit under the legislation of Australia, that person shall, for the purpose of that claim, be deemed to be an Australian resident.

ARTICLE 13

UK SICKNESS BENEFIT AND INVALIDITY BENEFIT

 (1) Where a person who is permanently resident in the territory of the United Kingdom and is ordinarily gainfully occupied, or would be, but for his or her incapacity for work, claims sickness or invalidity benefit under the legislation of the relevant part of that territory, then, for the purpose of calculating entitlement to those benefits, periods during which that person was in Australia shall be treated in accordance with the provisions of this Article.

 (2) For the purpose of calculating entitlement under the legislation of Great Britain, Northern Ireland or the Isle of Man to sickness or invalidity benefit:

 (a) periods of gainful occupation completed in Australia before 6 April 1975 shall be treated as if they had been contribution or equivalent periods completed under the legislation of Great Britain, Northern Ireland or the Isle of Man; and

 (b) periods completed as a selfemployed person in Australia after 5 April 1975 shall be treated as if they have been contribution periods completed as a selfemployed person or equivalent periods completed under the legislation of Great Britain, Northern Ireland or the Isle of Man.

 (3) For the purpose of calculating an earnings factor for assessing entitlement to sickness or invalidity benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man, a person shall be treated for each week beginning in a relevant tax year, during which he or she was an employed person in Australia, as follows:

 (a) for each week commencing on or after 6 April 1975 and up to 5 April 1987, as having a contribution paid as an employed earner on earnings equivalent to twothirds of that year’s upper earnings limit; and

 (b) for each week beginning in a relevant tax year commencing on or after 6 April 1987, as having earnings on which primary Class 1 contributions have been paid. These earnings shall be treated as equivalent to twothirds of that year’s upper earnings limit.

 (4) For the purpose of calculating entitlement under the legislation of Guernsey to sickness or invalidity benefit:

 (a) periods during which a person was gainfully occupied as an employed person in Australia shall be treated as if they had been contribution or equivalent periods completed as an employed person under the legislation of Guernsey; and

 (b) periods during which a person was gainfully occupied as a selfemployed person in Australia shall be treated as if they had been contribution or equivalent periods completed as a selfemployed person under the legislation of Guernsey.

 (5) For the purpose of calculating entitlement under the legislation of Jersey to any benefit in accordance with this Article, a person shall be treated:

 (a) for each week completed during residence in Australia between the ages of sixteen years and sixtyfive years being a week in the relevant quarter, as having paid contributions which derive a quarterly contribution factor of 0.077 for that quarter;

 (b) for each week completed during residence in Australia between the ages of sixteen years and sixtyfive years being a week in a relevant year, as having paid contributions which derive an annual contribution factor of 0.0193 for that year.

 (6) For the purpose of calculating entitlement under the legislation of the relevant part of the territory of the United Kingdom to sickness or invalidity benefit, a person shall be treated as if he or she had had earnings or contributions credited to him or her:

 (a) as an employed person for any week during which he or she was in Australia and was unemployed and available for work or was incapable of work, if that week was part of a period during which he or she was or would ordinarily have been employed; and

 (b) as a selfemployed person for any other week during which he or she was in Australia and was incapable of work, if that week was part of a period during which he or she was or would ordinarily have been selfemployed.

 (7) Where a person who is permanently resident in the territory of the United Kingdom was receiving a sickness benefit, an invalid pension, a sheltered employment allowance or a rehabilitation allowance under the legislation of Australia when he or she was last in Australia and is incapable of work at the time when he or she arrives in the territory of the United Kingdom, he or she shall be treated under the legislation of the United Kingdom as if, at that time and for so long as he or she continues from that time to be incapable of work, he or she satisfied the contribution conditions under which sickness or invalidity benefit is payable.

 (8) For the purpose of any claim to invalidity benefit under the legislation of the United Kingdom, any period in respect of which a person received sickness benefit or an invalid pension under the legislation of Australia shall be treated as if it were a period of entitlement to sickness benefit or invalidity benefit completed under the legislation of the United Kingdom.

 (9) Nothing in this Article shall diminish any right which a person has, apart from this Agreement, to receive sickness or invalidity benefit under the legislation of the United Kingdom.

 (10) Where a person is entitled to receive a benefit by virtue of the provisions of this Article, the rate of benefit which he or she would otherwise be entitled to receive, but for this paragraph, shall be reduced by the amount of benefit which is payable by virtue of the legislation of Australia in accordance with the provisions of
Article 8(7).

PART V

UK UNEMPLOYMENT BENEFIT

ARTICLE 14

 (1) Where a person who is permanently resident in the territory of the United Kingdom except for Jersey claims unemployment benefit under the legislation of any part of that territory, then, for the purpose of calculating entitlement to that benefit, periods during which that person was in Australia shall be treated in accordance with the provisions of this Article.

 (2) Periods of gainful occupation as an employed person in Australia before 6 April 1975 shall be treated as if they had been contribution or equivalent periods completed under the legislation of Great Britain, Northern Ireland or the Isle of Man.

 (3) For the purpose of calculating an earnings factor for assessing entitlement to unemployment benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man, a person shall be treated for each week beginning in a relevant tax year, during which he or she was an employed person in Australia, as follows:

 (a) for each week commencing on or after 6 April 1975 and up to 5 April 1987, as having a contribution paid as an employed earner on earnings equivalent to twothirds of that year’s upper earnings limit; and

 (b) for each week beginning in a relevant tax year commencing on or after 6 April 1987, as having earnings on which primary Class 1 contributions have been paid. These earnings shall be treated as equivalent to twothirds of that year’s upper earnings limit.

 (4) For the purpose of calculating entitlement to unemployment benefit under the legislation of Guernsey, periods during which a person was gainfully occupied as an employed person in Australia shall be treated as if they had been contribution or equivalent periods completed as an employed person under the legislation of Guernsey.

 (5) A person shall be treated as if he or she had had earnings or contributions credited to him or her as an employed person for any week during which he or she was in Australia and was unemployed and available for work or was incapable of work, if that week was part of a period during which he or she was or would ordinarily have been gainfully occupied under a contract of service.

 (6) Nothing in this Article shall diminish any right which a person has, apart from this Agreement, to receive unemployment benefit under the legislation of the United Kingdom.

 (7) The provisions of this Article shall not apply to a person who claims unemployment benefit under the legislation of Guernsey and who has not paid 26 contributions as an employed person under that legislation.

PART VI

MISCELLANEOUS PROVISIONS

ARTICLE 15

TEMPORARY ABSENCES

 (1) A benefit which is payable to a person by Australia under Part II of this Agreement shall not cease to be payable solely where the person is absent from Australia and the competent authority of Australia is satisfied that the absence is temporary. After the person has been temporarily absent from Australia for a period of 12 months at any one time that person shall then be deemed to have departed permanently from Australia.

 (2) Where a person,