Commonwealth Coat of Arms of Australia

Social Security Legislation Amendment
Act (No. 2) 1994

No. 109 of 1994

An Act to amend the Social Security Act 1991,
and for related purposes

[Assented to 12 July 1994]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Social Security Legislation Amendment Act (No. 2) 1994.

Commencement

2.(1) This Part, Divisions 1, 5, 6 (other than subsections 40(2) and (3)) and 7 of Part 2 commence on the day on which this Act receives the Royal Assent.

(2) Division 3 of Part 2 is taken to have commenced on 20 September 1993, immediately after the commencement of Division 18 of Part 2 of the Social Security Legislation Amendment Act (No. 3) 1992.

(3) Divisions 2, 8 and 11 of Part 2, Part 3, Part 4 (other than paragraph 57(a)) commence on 1 July 1994.

(4) Division 9 of Part 2 commences on 4 July 1994.

(5) Division 4 of Part 2 commences on 1 September 1994.

(6) Subsections 40(2) and 46(1), paragraph 57(a) and Part 5 commence on 20 September 1994, immediately after the commencement of Part 3 of the Social Security (Home Child Care and Partner Allowances) Legislation Amendment Act 1994.

(7) Subsection 40(3) and Division 10 of Part 2 (other than subsection 46(1)) commence on 29 September 1994, immediately after the commencement of Part 2 of the Social Security (Home Child Care and Partner Allowances) Legislation Amendment Act 1994.

(8) Division 12 of Part 2 commences on 1 January 1995.

PART 2—AMENDMENTS OF THE SOCIAL SECURITY ACT 1991

Division 1—Principal Act

Principal Act

3. In this Part, “Principal Act” means the Social Security Act 19911.

Division 2—Disability wage supplement

General definitions

4. Section 23 of the Principal Act is amended:

(a) by inserting after paragraph (g) of the definition of “recipient notification notice” in subsection (1) the following paragraph:

“(ga) section 446 (disability wage supplement); or”;

(b) by inserting after paragraph (g) of the definition of “recipient statement notice” in subsection (1) the following paragraph:

“(ga) section 447 (disability wage supplement); or”;

(c) by inserting after paragraph (g) of the definition of “social security pension” in subsection (1) the following paragraph:

“(ga) disability wage supplement; or”;

(d) by inserting in subsection (1) the following definitions:

“ ‘Human Services Department’ means the Department dealing with matters relating to human services;

‘Human Services Secretary’ means the Secretary to the Human Services Department;”.

Qualification for disability support pension

5. Section 94 of the Principal Act is amended by inserting after subsection (1) the following subsections:

“(1A) Despite subsection (1) and subparagraph 96(1)(b)(iv), if a person claims disability support pension within 28 days of last being paid disability wage supplement, the person is qualified for the pension and section 116 does not apply to the person.

“(1B) If:

(a) a person is qualified for disability support pension under subsection (1A); and

(b) the Secretary determines under section 114 that the person’s claim is to be granted;

the person is qualified for disability support pension after the making of the determination if:

(d) the person’s impairment is of 20% or more under the Impairment Tables; and

(e) the person has a continuing inability to work.

Note: The Secretary may require a DSP recipient to attend a medical examination pursuant to section 105 of the Act.”.

Commencement day for disability support pension

6. Section 100 of the Principal Act is amended:

(a) by omitting from subsection (1) “Subject to subsections (2)” and substituting “Subject to subsections (1A), (2)”;

(b) by inserting after subsection (1) the following subsection:

“(1A) If a person claims disability support pension within 28 days of last being paid a disability wage supplement the person’s provisional commencement day is the day after the last payment of disability wage supplement.”.

Insertion of new Part

7. After Part 2.8 of the Principal Act the following Part is inserted:

“PART 2.9—DISABILITY WAGE SUPPLEMENT

“Division 1—Qualification for and payability of disability wage supplement

“Subdivision A—Qualification

Qualification for disability wage supplement—physical etc. impairment and continuing inability to work

“409.(1) A person who has made a claim for disability wage supplement but whose claim has not yet been determined is qualified for disability wage supplement if:

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

(b) the person’s impairment is of 20% or more under the Impairment Tables; and

(d) the Human Services Secretary has advised the Secretary that the person is participating in the supported wage system administered by the Human Services Department, specifying the period for which the person is to participate in the system; and

(e) the person has turned 16; and

(f) the person:

(i) is an Australian resident at the time when the person first satisfies paragraph (c); or

(ii) has 10 years qualifying Australian residence; or

(iii) is born outside Australia and, at the time when the person first satisfies paragraph (c) the person:

(A) is not an Australian resident; and

(B) is a dependent child of an Australian resident;

and the person becomes an Australian resident while a dependent child of an Australian resident; and

(g) the person is in Australia.

Note 1: For ‘Australian resident’ and ‘qualifying Australian residence’ see section 7.

Note 2: For Impairment Tables see section 7A.

“(2) If the Secretary determines under section 430 that the person’s claim is to be granted, the person is qualified for disability wage supplement after the making of the determination if:

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

(b) the person’s impairment is of 20% or more under the Impairment Tables; and

Note: For Impairment Tables see section 7A.

Meaning of continuing inability

“(3) A person has a continuing inability to work if the Secretary is satisfied that:

(a) the person’s impairment is of itself sufficient to prevent the person from doing:

(i) the person’s usual work; and

(ii) work for which the person is currently skilled;

for at least 2 years; and

(b) either:

(i) the person’s impairment is of itself sufficient to prevent the person from undertaking educational or vocational training during the next 2 years; or

(ii) the person’s impairment does not prevent the person from undertaking educational or vocational training but such training is not likely to equip the person, within the next 2 years, to do work for which the person is currently unskilled.

Note: For ‘work’ see subsection (6).

“(4) In deciding whether or not a person has a continuing inability to work under subsection (3), the Secretary is not to have regard to:

(a) the availability to the person of work in the person’s locally accessible labour market (unless subsection (5) applies to the person); or

(b) the availability to the person of educational or vocational training.

“(5) For the purposes of subparagraph (3)(b)(ii), if a person has turned 55, the Secretary may, in considering whether educational or vocational training is likely to equip the person to do work, have regard to the likely availability to the person of work in the person’s locally accessible labour market.

“(6) In this section:

‘educational or vocational training’ does not include a program designed specifically for people with physical, intellectual or psychiatric impairments;

‘work’ means work:

(a) that is for at least 30 hours per week at not less than the award wages payable to a person not suffering from a physical, intellectual or psychiatric impairment; and

(b) that exists in Australia, even if not within the person’s locally accessible labour market.

Person not qualified in certain circumstances

“(7) A person is not qualified for disability wage supplement on the basis of a continuing inability to work if the person brought about the inability with a view to obtaining disability wage supplement, a disability support pension or a sickness allowance.

Note: A person who is receiving disability wage supplement may be automatically transferred to the age pension if the person becomes qualified for the age pension (see subsection 48(3)).

Qualification for disability wage supplement—permanent blindness

“410.(1) A person is qualified for disability wage supplement if:

(a) the person is permanently blind; and

(b) the Human Services Secretary has advised the Secretary that the person is participating in the supported wage system administered by the Human Services Department, specifying the period for which the person is to participate in the system; and

(d) the person:

(i) is an Australian resident at the time when the person first satisfies paragraph (a); or

(ii) has 10 years qualifying Australian residence; or

(iii) is born outside Australia and, at the time when the person first satisfies paragraph (a), the person:

(A) is not an Australian resident; and

(B) is a dependent child of an Australian resident;

and the person becomes an Australian resident while a dependent child of an Australian resident; and

(e) the person is in Australia.

Note: For ‘Australian resident’ and ‘qualifying Australian residence’ see section 7.

Person not qualified in certain circumstances

“(2) A person is not qualified for disability wage supplement on the basis of blindness if the person brought about the blindness with a view to obtaining disability wage supplement, a disability support pension or a sickness allowance.

Note: A person who is receiving disability wage supplement may be automatically transferred to the age pension if the person becomes qualified for the age pension (see subsection 48(3)).

Temporary absence from Australia

“411.(1) For the purposes of sections 409 and 410, a person who is temporarily absent from Australia is taken to be in Australia if:

(a) the person’s work requires the person to be absent from Australia; or

(b) during the person’s absence from Australia, the person is on leave from work with pay; or

(i) the person is on leave from work without pay;

(ii) the person will be outside Australia for a period of not more than 4 weeks;

(iii) the Secretary is satisfied that special circumstances exist which require the person to be outside Australia.

“(2) For the purposes of sections 409 and 410, if:

(a) a person who is on leave from work without pay is temporarily absent from Australia; and

(b) the person will be outside Australia for a period of more than 4 weeks; and

the person is taken to be in Australia during the first 4 weeks of his or her absence from Australia.

Refusal to attend interview etc. may lead to disqualification

“412.(1) A person is not qualified for disability wage supplement if:

(a) the person has lodged a claim for disability wage supplement, but the claim has not yet been determined; and

(b) the Secretary is of the opinion that the person should:

(i) contact a specified officer of the Department; or

(ii) attend an interview at a specified location; or

(iii) complete a questionnaire; or

(iv) attend a medical, psychiatric or psychological examination; and

(i) contact that officer; or

(ii) attend that interview; or

(iii) complete that questionnaire; or

(iv) attend that examination; or

(v) if the person has undergone an examination—provide to the Secretary the medical practitioner’s report on that examination in the approved form; and

(d) the Secretary is satisfied that it is reasonable for this section to apply to the person; and

(e) the person does not take reasonable steps to comply with the Secretary’s requirements within the time specified in the notice.

“(2) A notice under paragraph (1)(c) must be in writing and must inform the person of the effect of this section.

“Subdivision B—Payability

Disability wage supplement not payable in some circumstances

“413.(1) Even though a person is qualified for disability wage supplement, disability wage supplement may not be payable to the person because:

(a) disability wage supplement has not commenced to be payable (see sections 414 and 434); or

(b) the person has not taken reasonable steps to claim or obtain compensation (see section 1164); or

(d) the person has not provided a tax file number for the person (see section 416) or the person’s partner (see section 417); or

(e) the person is in gaol (see Part 3.13); or

(f) the person is receiving another pension or benefit (see section 418); or

(g) the person fails to comply with a requirement that the person:

(i) contact an officer; or

(ii) attend an interview; or

(iii) complete a questionnaire; or

(iv) attend a medical, psychiatric or psychological examination;

as required by section 420.

“(2) Subject to subsection (3), disability wage supplement is not payable to a person if the rate of the person’s disability wage supplement rate is nil.

“(3) Subsection (2) does not apply to the person if the rate is nil merely because an advance pharmaceutical allowance has been paid to the person under:

(a) Part 2.23 of this Act; or

(b) Division 2 of Part VILA of the Veterans’ Entitlements Act.

Disability wage supplement generally not payable before claim or end of waiting period

“414. Disability wage supplement is not payable to a person before the person’s provisional commencement day (identified under section 415).

Provisional commencement day

General rule

“415.(1) Subject to subsections (2), (3) and (4), a person’s provisional commencement day is the day on which:

(a) the person claims disability wage supplement; or

(b) the Human Services Secretary advises the Secretary that the person is participating in the supported wage system administered by the Human Services Department;

whichever is the later.

Initial incorrect claim followed by a claim for disability wage supplement

“(2) If:

(a) a person makes a claim (the ‘initial claim’) for:

(i) a social security or service pension or a social security benefit; or

(ii) a pension, allowance, benefit or other payment under another Act, or under a program administered by the Commonwealth, that is similar in character to disability wage supplement; and

(b) on the day on which the person makes the initial claim, the person:

(i) is qualified for disability wage supplement; or

(ii) would be qualified for disability wage supplement if the Human Services Secretary had advised the Secretary as required under paragraph 409(1)(d) or 410(1)(b); and

(d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;

the person’s provisional commencement day is:

(e) the day on which the person made the initial claim; or

(f) the day on which the Human Services Secretary advised the Secretary as required under paragraph 409(1)(d) or 410(1)(b) (as the case may be);

whichever is the later.

Early claim

“(3) If:

(a) a person lodges a claim for disability wage supplement; and

(b) the person is not, on the day on which the claim is lodged, qualified for disability wage supplement; and

(c) the person becomes qualified for disability wage supplement during the period of 6 months that starts immediately after the day on which the claim is lodged;

the person’s provisional commencement day is the first day on which the person is qualified for disability wage supplement and is an Australian resident and in Australia.

Claim resulting from a major disaster

“(4) If a person:

(a) claims a disaster relief payment; and

(b) is qualified for the payment; and

(c) as a result of the major disaster to which the payment relates, claims disability wage supplement within 14 days of claiming the disaster relief payment;

the person’s provisional commencement day is the day on which he or she was affected by the disaster.

Provision of person’s tax file number

“416.(1) Disability wage supplement is not payable to a person if:

(a) the person is requested under section 426 or 444 to give the Secretary a written statement of the person’s tax file number; and

(b) at the end of the period of 28 days after the request is made, the person has neither:

(i) given the Secretary a written statement of the person’s tax file number; nor

(ii) given the Secretary a declaration by the person in a form approved by the Secretary and satisfied either subsection (2) or (3).

“(2) The person satisfies this subsection if:

(a) the person’s declaration states that the person:

(i) has a tax file number but does not know what it is; and

(ii) has asked the Commissioner of Taxation to inform the person of the person’s tax file number; and

(b) the person has given the Secretary a document by the person that authorises the Commissioner of Taxation to tell the Secretary:

(i) whether the person has a tax file number; and

(ii) if the person has a tax file number—the tax file number; and

“(3) The person satisfies this subsection if:

(a) the person’s declaration states that the person has applied for a tax file number; and

(b) the person has given the Secretary a document by the person that authorises the Commissioner of Taxation to tell the Secretary:

(i) if a tax file number is issued to the person—the tax file number; or

(ii) if the application is refused—that the application has been refused; or

(iii) if the application is withdrawn—that the application has been withdrawn; and

(d) the Commissioner of Taxation has not told the Secretary that an application by the person for a tax file number has been refused; and

(e) the application for a tax file number has not been withdrawn.

Provision of partner’s tax file number

“417.(1) Subject to subsection (4), disability wage supplement is not payable to a person if:

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

(b) the person is requested under section 427 or 445 to give the Secretary a written statement of the tax file number of the person’s partner; and

(i) given the Secretary a written statement of the partner’s tax file number; nor

(ii) given the Secretary a declaration by the partner in a form approved by the Secretary and satisfied either subsection (2) or (3).

“(2) The person satisfies this subsection if:

(a) the partner’s declaration states that the partner:

(i) has a tax file number but does not know what it is; and

(ii) has asked the Commissioner of Taxation to inform the partner of the partner’s tax file number; and

(b) the person has given the Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary:

(i) whether the partner has a tax file number; and

(ii) if the partner has a tax file number—the tax file number; and

“(3) The person satisfies this subsection if:

(a) the partner’s declaration states that the partner has applied for a tax file number; and

(b) the person has given the Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary:

(i) if a tax file number is issued to the partner—the tax file number; or

(ii) if the application is refused—that the application has been refused; or

(iii) if the application is withdrawn—that the application has been withdrawn; and

(c) the Commissioner of Taxation has not told the Secretary that the person’s partner has not applied for a tax file number; and

(d) the Commissioner of Taxation has not told the Secretary that an application by the partner for a tax file number has been refused; and

(e) the application for a tax file number has not been withdrawn.

“(4) The Secretary may waive the request for a statement of the partner’s tax file number if the Secretary is satisfied that:

(a) the person does not know the partner’s tax file number; and

(b) the person can obtain none of the following from the partner:

(i) the partner’s tax file number;

(ii) a statement of the partner’s tax file number;

(iii) a declaration by the partner under subparagraph (1)(c)(ii).

Multiple entitlement exclusion

“418.(1) Disability wage supplement is not payable to a person if the person is already receiving a service pension.

“(2) If:

(a) a person is receiving disability wage supplement; and

(b) another social security pension or a social security benefit or service pension becomes payable to the person;

the disability wage supplement is not payable to the person.

Note 1: Another payment type will generally not become payable to the person until the person claims it.

Note 2: ‘Social security benefit’ includes job search and newstart allowances.

Note 3: For the day on which disability wage supplement ceases to be payable see section 450.

Rehabilitation and assistance programs

“419. The Secretary may request a person who is receiving disability wage supplement to undertake a program of assistance or a rehabilitation program.

Refusal to attend interview etc.

“420.(1) Disability wage supplement is not payable to a person if:

(a) the person is receiving disability wage supplement; and

(b) the Secretary is of the opinion that the person should:

(i) contact a specified officer of the Department; or

(ii) attend an interview at a specified place; or

(iii) complete a questionnaire; or

(iv) attend a medical, psychiatric or psychological examination; and

(i) contact that officer; or

(ii) attend that interview; or

(iii) complete that questionnaire; or

(iv) attend that examination; or

(v) if the person has undergone an examination—provide to the

Secretary a report on that examination in the approved form; and

(d) the Secretary is satisfied that it is reasonable for this section to apply to the person; and

(e) the person does not take reasonable steps to comply with the Secretary’s requirements within the time specified in the notice.

Note: The person’s disability wage supplement will be cancelled or suspended by a determination of the Secretary under section 462.

“(2) A notice under paragraph (1)(c) must be in writing and must inform the person of the effect of this section.

“Division 2—Claim for disability wage supplement

Need for a claim

“421.(1) A person who wants to be granted disability wage supplement must make a proper claim for it.

Note: For ‘proper claim’ see section 422 (form), section 423 (manner of lodgment) and section 424 (residence/presence in Australia).

“(2) For the purposes of subsection (1), if:

(a) a claim for disability wage supplement is made by or on behalf of a person; and

(b) when the claim is made, the claim cannot be granted because the person is not qualified for that pension;

the claim is, subject to subsection 415(3), to be taken not to have been made.

Form of claim

“422. To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.

Lodgment of claim

“423.(1) To be a proper claim, a claim must be lodged:

(a) at an office of the Department; or

(b) at a place approved for the purpose by the Secretary; or

“(2) Subject to subsection (3), a place or person approved under subsection (1) must be a place or person in Australia.

“(3) The Secretary may approve a place or person outside Australia under subsection (1) for the purpose of lodgment of claims made under an international agreement.

Note: For international agreements see Part 4.1.

Claimant must be Australian resident and in Australia

“424. A claim by a person is not a proper claim unless the person is:

(a) an Australian resident; and

(b) in Australia;

on the day on which the claim is lodged.

Note 1: For ‘Australian resident’ see subsections 7(2) and (3).

Note 2: The provisions of a scheduled international agreement may permit a proper claim to be made by a person who is not an Australian resident or not in Australia (see section 1208).

Claim may be withdrawn

“425.(1) A claimant for disability wage supplement or a person on behalf of a claimant may withdraw a claim that has not been determined.

“(2) A claim that is withdrawn is taken not to have been made.

“(3) A withdrawal may be made orally or in writing.

Secretary may request claimant to give statement of claimant’s tax file number

“426.(1) If a claimant for disability wage supplement is in Australia, the Secretary may request but not compel the claimant:

(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

(b) if the claimant does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

“(2) A disability wage supplement is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Note: In some cases the request can be satisfied by giving the Secretary a declaration by the claimant about the claimant’s tax file number and an authority by the claimant to the Commissioner of Taxation to give the Secretary certain information about the claimant’s tax file number (see subsections 416(2) and (3)).

Secretary may request claimant to give statement of partner’s tax file number

“427.(1) If:

(a) a claimant for disability wage supplement is a member of a couple; and

(b) the claimant’s partner is in Australia;

the Secretary may request but not compel the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

“(2) A disability wage supplement is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Note 1: In some cases the request can be satisfied by giving the Secretary a declaration by the partner about the partner’s tax file number and an authority by the partner to the Commissioner of Taxation to give the Secretary certain information about the partner’s tax file number (see subsections 417(2) and (3)).

Note 2: The Secretary may waive the request in some cases (see subsection 417(4).

Secretary may require claimant or partner to take action to obtain a comparable foreign payment

“428.(1) If:

(a) a person claims disability wage supplement; and

(b) the Secretary is satisfied that the claimant would be entitled to a comparable foreign payment from a CFP country if the claimant applied for the payment;

the Secretary may give the claimant a notice that requires the claimant to take reasonable action to obtain the payment.

Note: For ‘CFP country’ see subsection 23(1).

“(2) If:

(a) a person claims disability wage supplement; and

(b) the Secretary is satisfied that the claimant’s partner would be entitled to a comparable foreign payment from a CFP country if the partner applied for the payment;

the Secretary may give the claimant a notice that requires the partner to take reasonable action to obtain the payment.

“(3) A notice under subsection (1) or (2):

(a) must be in writing; and

(b) must be given personally or by post; and

“(4) The period specified under paragraph (3)(c) must end at least 14 days after the day on which the notice is given.

“(5) The Secretary may, in spite of section 430, reject a claim if:

(a) the claimant is given a notice under subsection (1) or (2); and

(b) the Secretary is satisfied that the claimant or the claimant’s partner has not taken reasonable action to obtain the comparable foreign payment within the period specified in the notice.

“(6) For the purposes of this section, a person takes reasonable action to obtain a comparable foreign payment only if the person takes reasonable action to obtain that payment at the highest rate applicable to the person.

not bold Division 3—Determination of claim

Secretary to determine claim

“429. The Secretary must, in accordance with this Act, determine the claim.

Grant of claim

“430. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:

(a) the person is qualified for disability wage supplement; and

(b) disability wage supplement is payable.

Date of effect of determination

“431.(1) Subject to subsections (2), (3) and (4), a determination under section 430 takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.

Notified decision—review sought within 3 months

“(2) If:

(a) a decision (the ‘previous decision’) is made rejecting a person’s claim for disability wage supplement; and

(b) a notice is given to the person advising the person of the making of the previous decision; and

(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and

(d) a determination granting the claim is made as a result of the application for review;

the determination takes effect on the day on which the previous decision took effect.

Notified decision—review sought after 3 months

“(3) If:

(a) a decision (the ‘previous decision’) is made rejecting a person’s claim for disability wage supplement; and

(b) a notice is given to the person advising the person of the making of the previous decision; and

(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and

(d) a determination granting the claim is made as a result of the application for review;

the determination takes effect on the day on which the person sought the review.

Decision not notified

“(4) If:

(a) a decision (the ‘previous decision’) is made rejecting a person’s claim for disability wage supplement; and

(b) no notice is given to the person advising the person of the making of the previous decision; and

(d) a determination granting the claim is made as a result of the application for review;

the determination takes effect on the day on which the previous decision took effect.

“Division 4—Medical examination following claim

Examination by medical practitioner

“432.(1) The Secretary must direct that a claimant for disability wage supplement be examined by a medical practitioner or practitioners unless:

(a) it is manifest that:

(i) the claimant has a physical, intellectual or psychiatric impairment of 20% or more under the Impairment Tables; and

(ii) the claimant has a continuing inability to work; or

(b) it is manifest that the claimant is permanently blind; or

(c) the claimant does not satisfy the requirements of paragraph 409(1)(e) or (f), paragraph 410(1)(c) or (d) or section 424 (residence requirements); or

(d) if disability wage supplement were granted to the claimant—the rate of his or her disability wage supplement would be nil.

Note: For ‘continuing inability to work’ see section 409.

“(2) If the claimant resides in a place that is remote from any medical practitioner, the Secretary may direct that:

(a) subsection (1) does not apply to the claimant; and

(b) the claimant is to submit to the Department a written report by a medical practitioner that relates to the impairment in respect of which the claimant is claiming disability wage supplement.

“(3) The medical practitioner who has examined the claimant because of a direction under subsection (1) is to give a certificate stating:

(a) whether, in the practitioner’s opinion, the claimant:

(i) has a physical, intellectual or psychiatric impairment; or

(ii) is permanently blind;

(as the case requires); and

(b) if the claimant does have a physical, intellectual or psychiatric impairment—what, in the practitioner’s opinion, the effect of the impairment on the claimant’s ability to work.

“(4) The medical practitioner must, if required to do so by the Secretary, include in the certificate the practitioner’s opinion of the percentage of the person’s impairment (if any) under the Impairment Tables.

“(5) A certificate under this section must be in accordance with a form approved by the Secretary.

“Division 5—Rate of disability wage supplement

How to work out the rate of a person’s disability wage supplement

“433. The rate of a person’s disability wage supplement rate is worked out by using:

(a) if the person is not permanently blind and paragraph (b) does not apply to the person—Pension Rate Calculator A at the end of section 1064 (see Part 3.2); or

(b) if the person is not permanently blind and has not turned 21—Pension Rate Calculator D at the end of section 1066A (see Part 3.4A); or

(c) if the person is permanently blind and paragraph (d) does not apply to the person—Pension Rate Calculator B at the end of section 1065 (see Part 3.3); or

(d) if the person is permanently blind and has not turned 21—Pension Rate Calculator E at the end of section 1066B (see Part 3.4B).

“Division 6—Payment of disability wage supplement

Commencement of disability wage supplement

“434. Disability wage supplement becomes payable to a person on the first day on which:

(a) the person is qualified for disability wage supplement; and

(b) no provision of this Act makes disability wage supplement not payable to the person.

Note 1: For qualification see sections 409 and 410.

Note 2: For the circumstances in which disability wage supplement is not payable see section 413.

Payment by instalments

“435.(1) Subject to section 436, a full instalment of disability wage supplement is payable to a person on each pension payday on which:

(a) the person is qualified for disability wage supplement; and

(b) disability wage supplement is payable to the person.

“(2) If a person who is qualified for disability wage supplement is outside Australia, the instalments referred to in subsection (1) are to be paid to the person on the pension paydays that the Secretary determines for the purposes of this subsection.

Effect on instalments of backdating claim

“436. If:

(a) a person claims disability wage supplement on a particular day (the ‘claim day’); and

(b) the person’s provisional commencement day is before the claim day; and

then:

(d) no instalment of disability wage supplement is payable on that payday; and

(e) a full instalment of disability wage supplement in respect of that payday is payable on the first pension payday on or after the claim day.

Note: For ‘provisional commencement day’ see section 415.

Calculation of amount of instalment

“437.(1) The amount of an instalment of disability wage supplement is the amount worked out by dividing the amount of the annual rate of disability wage supplement by 26.

“(2) If an amount that is payable to a person on a pension payday is not a multiple of 10 cents, the amount is, subject to subsection (3), to be increased or decreased to the nearest multiple of 10 cents.

“(3) If the amount that is payable to a person on a pension payday is not a multiple of 10 cents but is a multiple of 5 cents, the amount is to be increased by 5 cents.

“(4) If:

(a) an amount of pharmaceutical allowance is added to a person’s maximum basic rate in working out the amount of an instalment of disability wage supplement; and

(b) apart from this subsection, the amount of the instalment would be less than the person’s fortnightly PA rate;

the amount of the instalment is to be increased to the person’s fortnightly PA rate.

“(5) For the purposes of subsection (4), the person’s fortnightly PA rate is:

where:

‘pharmaceutical allowance rate’ is the yearly amount of pharmaceutical allowance added to the person’s maximum basic rate in working out the amount of the instalment.

“(6) If, apart from this subsection, the amount of an instalment of disability wage supplement would be less than $1.00, the amount of the instalment is to be increased to $1.00.

Instalments to be paid to person or nominee

“438.(1) Subject to subsection (3), instalments of a person’s disability wage supplement are to be paid to that person.

“(2) The Secretary may direct that the whole or part of any of those instalments is to be paid to someone else on behalf of the person.

“(3) If the Secretary makes a direction under subsection (2), the instalments are to be paid in accordance with the direction.

Payment into bank account etc.

“439.(1) An amount that is to be paid to a person under section 438 is to be paid in the manner set out in this section.

“(2) If the person has, for the purposes of this section, nominated an account maintained by the person with a bank, credit union or building society, the amount is to be paid to the credit of that account.

“(3) The account may be an account that is maintained by the person either alone or jointly or in common with another person.

“(4) If the person has not nominated an account for the purposes of subsection (2), then, subject to subsections (5) and (7), the amount is not to be paid.

“(5) If:

(a) an amount has not been paid because of subsection (4); and

(b) the person nominates an account for the purposes of subsection (2);

the amount is to be paid under subsection (2).

“(6) The Secretary may direct that the whole or a part of the amount be paid to the person in a different way from that provided for by subsection (2).

“(7) If the Secretary gives a direction under subsection (6), the amount is to be paid in accordance with the direction.

If pension payday falls on public holiday etc.

“440. If the Secretary is satisfied that an amount of disability wage supplement that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.

Payment of pension after death

“441.(1) If:

(a) disability wage supplement is payable to a person; and

(b) the person dies; and

(c) at the date of the person’s death the person has not received an amount of disability wage supplement payable to him or her; and

(d) another person applies to receive that amount; and

(e) the application is made:

(i) within 6 months after the death; or

(ii) within a further period allowed by the Secretary in special circumstances;

the Secretary may pay the amount to the person who, in the Secretary’s opinion, is best entitled to it.

“(2) If the Secretary pays an amount of disability wage supplement under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of disability wage supplement.

“Division 7—Protection of disability wage supplement

Disability wage supplement to be absolutely inalienable

“442.(1) Subject to subsections (2) and (3) and section 1359, disability wage supplement is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

Payments to Commissioner of Taxation at recipient’s request

“(2) The Secretary may make deductions from the instalments of disability wage supplement payable to a person if the recipient asks the Secretary:

(a) to make the deductions; and

(b) to pay the amounts to be deducted to the Commissioner of Taxation.

Note: The Secretary must make deductions from a person’s pension, benefit or allowance if requested by the Commissioner of Taxation (see section 1359).

Deductions from instalments with recipient’s consent

“(3) The Secretary may make deductions from the instalments of disability wage supplement payable to a person if the recipient consents under section 1234A to the Secretary making the deductions.

Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a pension, benefit or allowance.

Effect of garnishee or attachment order

“443.(1) If:

(a) a person has an account with a financial institution; and

(b) instalments of disability wage supplement payable to the person (whether on the person’s own behalf or not) are being paid to the credit of that account; and

the court order does not apply to the saved amount (if any) in the account.

“(2) The saved amount is worked out as follows:

	Method statement
Step 1.	Work out the total amount of disability wage supplement payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.
Step 2.	Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.

“(3) This section applies to an account whether it is maintained by a person:

(a) alone; or

(b) jointly with another person; or

Note: A person affected by a garnishee order may have other saved amounts if the person receives telephone allowance (see section 1061X) or pharmaceutical allowance (see section 1061EB).

“Division 8—Recipient obligations

Secretary may request recipient to give statement of recipient’s tax file number

“444.(1) If a recipient of disability wage supplement is in Australia, the Secretary may request but not compel the recipient:

(a) if the recipient is in Australia—to give the Secretary a written statement of the recipient’s tax file number; or

(b) if the recipient does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the recipient’s tax file number after the Commissioner of Taxation has issued it.

“(2) A disability wage supplement is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Note: In some cases the request can be satisfied by giving the Secretary a declaration by the recipient about the recipient’s tax file number and an authority by the recipient to the Commissioner of Taxation to give the Secretary certain information about the recipient’s tax file number (see subsections 416(2) and (3)).

Secretary may request recipient to give statement of partner’s tax file number

“445.(1) If:

(a) a recipient of disability wage supplement is a member of a couple; and

(b) the recipient’s partner is in Australia;

the Secretary may request but not compel the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

“(2) A disability wage supplement is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 417(4)).

Secretary may require notice of the happening of an event or a change in circumstances

“446.(1) The Secretary may give a person to whom disability wage supplement is being paid a notice that requires the person to inform the Department or the Human Services Department if:

(a) a specified event or change of circumstances occurs; or

(b) the person becomes aware that a specified event or change of circumstances is likely to occur.

“(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances may affect the payment of disability wage supplement.

“(3) A notice under subsection (1):

(a) must be in writing; and

(b) may be given personally or by post; and

(d) must specify the period within which the person is to give the information; and

(e) must specify that the notice is a recipient notification notice given under this Act.

“(4) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).

“(5) Subject to subsections (6) and (7), the period specified under paragraph (3)(d) must end at least 14 days after:

(a) the day on which the event or change of circumstances occurs; or

(b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.

“(6) If a notice requires the person to inform the Department or the Human Services Department of any proposal by the person to leave Australia, subsection (5) does not apply to that requirement.

“(7) If the notice requires information about receipt of a compensation payment, the period specified under paragraph (3)(d) in relation to that information must end at least 7 days after the day on which the person becomes aware that he or she has received or is to receive a compensation payment.

“(8) A person must not, without reasonable excuse, refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.

Penalty: Imprisonment for 6 months.

Note: Subsections 4B(2) and (3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

“(9) This section extends to:

(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and

(b) all persons irrespective of their nationality or citizenship.

Secretary may require recipient to give particular information relevant to payment of disability wage supplement

“447.(1) The Secretary may give a person to whom disability wage supplement is being paid a notice that requires the person to give the Department or the Human Services Department a statement about a matter that may affect the payment of disability wage supplement to the person.

“(2) A notice under subsection (1):

(a) must be in writing; and

(b) may be given personally or by post; and

(d) must specify the period within which the person is to give the statement; and

(e) must specify that the notice is a recipient statement notice given under this Act.

“(3) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).

“(4) The period specified under paragraph (2)(d) must end at least 14 days after the day on which the notice is given.

“(5) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.

“(6) A person must not, without reasonable excuse, refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.

Penalty: Imprisonment for 6 months.

Note: Subsections 4B(2) and (3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

“(7) This section extends to:

(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and

(b) all persons irrespective of their nationality or citizenship.

Secretary may require recipient or partner to take action to obtain a comparable foreign payment

“448.(1) If the Secretary is satisfied that a recipient of disability wage supplement would be entitled to a comparable foreign payment from a CFP country if the recipient applied for the payment, the Secretary may give the recipient a notice that requires the recipient to take reasonable action to obtain the payment.

Note: For the consequences of failure to comply with the notice see section 464.

“(2) If the Secretary is satisfied that the recipient’s partner would be entitled to a comparable foreign payment from a CFP country if the partner applied for the payment, the Secretary may give the recipient a notice that requires the partner to take reasonable action to obtain the payment.

Note: For the consequences of failure to comply with the notice see section 464.

“(3) A notice under subsection (1) or (2):

(a) must be in writing; and

(b) must be given personally or by post; and

“(4) The period specified under paragraph (3)(c) must end at least 14 days after the day on which the notice is given.

“(5) For the purposes of this section, a person takes reasonable action to obtain a comparable foreign payment only if the person takes reasonable action to obtain that payment at the highest rate applicable to the person.

“Division 9—Continuation, variation and termination

“Subdivision A—General

Continuing effect of determination

Entitlement determination

“449.(1) A determination that:

(a) a person’s claim for disability wage supplement is granted; or

(b) disability wage supplement is payable to a person;

continues in effect until:

(d) a further determination in relation to disability wage supplement under section 462, 463 or 464 has taken effect.

Note 1: For paragraph (a) see section 430.

Note 2: For paragraph (b) see section 466—this paragraph is relevant where the determination in question reverses an earlier cancellation or suspension.

Note 3: For paragraph (d) see also section 465.

Rate determination

“(2) A determination of the rate of disability wage supplement continues in effect until:

(a) disability wage supplement becomes payable at a lower rate under section 456, 457 or 458; or

(b) a further determination in relation to disability wage supplement under section 460 or 461 has taken effect.

Note: For paragraph (b) see also section 465.

“Subdivision B—Automatic termination and suspension

Automatic termination—transfer to new payment type

“450. If:

(a) a person is receiving disability wage supplement; and

(b) another social security pension or a social security benefit or service pension becomes payable to the person;

disability wage supplement ceases to be payable to the person immediately before the day on which the other pension or benefit becomes payable to the person.

Automatic termination—recipient complying with section 446 notification obligations

“451. If:

(a) a person who is receiving disability wage supplement is given a notice under section 446; and

(b) the notice requires the person to inform the Department or the Human Services Department of the occurrence of an event or change in circumstances within a specified period (the ‘notification period’); and

(d) the person informs the Department or the Human Services Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and

(e) because of the occurrence of the event or change in circumstances:

(i) the person ceases to be qualified for disability wage supplement; or

(ii) disability wage supplement would, apart from this section, cease to be payable to the person; and

(f) payment of disability wage supplement to the person is not cancelled before the end of the notification period;

disability wage supplement continues to be payable to the person until the end of the notification period and then ceases to be payable to the person.

Note: If the person informs the Department or the Human Services Department, within the notification period, of an event or change in circumstances that reduces the rate of the person’s disability wage supplement, there is no automatic rate reduction and a determination under section 461 must be made in order to bring the rate reduction into effect.

Automatic termination—recipient not complying with section 446 notification obligations

“452. If:

(a) a person who is receiving disability wage supplement is given a notice under section 446; and

(d) the person does not inform the Department or the Human Services Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and

(e) because of the occurrence of the event or the change in circumstances:

(i) the person ceases to be qualified for disability wage supplement; or

(ii) disability wage supplement ceases to be payable to the person;

disability wage supplement ceases to be payable to the person immediately after the day on which the event or change in circumstances occurs.

Automatic termination—recipient receiving full award wages for 12 months

“453.(1) If:

(a) a person has been receiving disability wage supplement for at least 12 months; and

(b) for each of 52 consecutive weeks the person:

(i) has been paid for work done by the person at least the full award wages payable under the industrial award governing the terms and conditions of employment of the person; or

(ii) would have been so paid if the person had not been on leave without pay;

disability wage supplement ceases to be payable to the person immediately after the 52nd week.

“(2) In subsection (1):

‘full award wages’ means wages payable under an award to a person not suffering from any physical, intellectual or psychiatric impairment.

Automatic termination—recipient ceasing to participate in supported wage system

“454. If:

(a) a person is receiving disability wage supplement; and

(b) the person or the Human Services Secretary advises the Secretary that the person has ceased to participate in the supported wage system administered by the Human Services Department;

disability wage supplement ceases to be payable to the person immediately after the day on which the Secretary has been so advised.

Possible suspension and automatic termination—end of period of participation in supported wage system

Object of section

“455.(1) Under the supported wage system (‘System’) administered by the Human Services Department, a person may participate in the System for one or more specified periods depending on whether (towards, or within a certain time after, the end of each period) the person agrees to continue to participate in the System for a further specified period. This section deals with the payment of disability wage supplement to the person at the end of each of these periods.

Human Services Secretary to advise about continued participation

“(2) For the purposes of this section, the Human Services Secretary must:

(a) at the end of the period (‘first participation period’) specified under paragraph 409(1)(d) or 410(1)(b) as the period for which the person was to participate in the System—advise the Secretary whether the person is to continue to participate in the System for a further period specified by the Human Services Secretary; and

(b) subsequently at the end of each period (‘subsequent participation period’) for which the person has continued to participate in the System—advise the Secretary whether the person is to continue to participate in the System for a further period specified by the Human Services Secretary.

Participation period

“(3) In this section:

‘participation period’, in relation to a person who is receiving disability wage supplement, means:

(a) the first participation period within the meaning of paragraph (2)(a); or

(b) any subsequent participation period within the meaning of paragraph (2)(b).

Payment to cease at end of participation period unless otherwise provided

“(4) Except as otherwise provided in subsections (5) to (11), disability wage supplement ceases to be payable to a person at the end of a participation period.

Payment to continue if Human Services Secretary advises of continued participation before end of participation period

“(5) If, before the end of the participation period, the Human Services Secretary advises the Secretary that the person is to continue to participate in the System for a further period specified by the Human Services Secretary, disability wage supplement continues (subject to this Act) to be payable to the person after the end of the participation period.

No advice from Human Services Secretary at end of participation period—payment continued or suspended for 4 weeks

“(6) If, at the end of the participation period, the Human Services Secretary has not advised the Secretary that the person is to continue to participate in the System, then:

(a) if the Secretary has reason to believe that the person is likely to continue to participate in the System—disability wage supplement continues to be payable to the person for 4 weeks (‘extension period’) from the end of the participation period; or

(b) in any other case—the Secretary must suspend payment of disability wage supplement to the person for 4 weeks (‘short suspension period’) from the end of the participation period.

Human Services Secretary advises of continued participation within 4 weeks after end of participation period

“(7) If:

(a) disability wage supplement continues (under paragraph (6)(a)) to be payable to the person after the end of the participation period; and

(b) before the end of the extension period, the Human Services Secretary advises the Secretary that the person is to continue to participate in the System for a further period specified by the Human Services Secretary;

disability wage supplement continues (subject to this Act) to be payable to the person after the end of the extension period.

“(8) If payment of disability wage supplement to the person has been suspended under paragraph (6)(b) and, before the end of the short suspension period, the Human Services Secretary advises the Secretary that the person is to continue to participate in the System for a further period specified by the Human Services Secretary:

(a) the suspension is revoked; and

(b) disability wage supplement:

(i) is to be paid to the person in respect of the period for which the suspension had effect; and

(ii) is payable to the person from the day after the day on which the Secretary is so advised.

No advice from Human Services Secretary after 4 weeks—payment suspended for 5 months

“(9) If, at the end of the extension period or the short suspension period (as the case may be) the Human Services Secretary has not advised the Secretary that the person is to continue to participate in the System, the Secretary must suspend payment of disability wage supplement to the person for 5 months (‘long suspension period’) from the end of the extension period or the short suspension period.

Payment resumed if Human Services Secretary advises of continued participation before end of long suspension period

“(10) If, before the end of the long suspension period, the Human Services Secretary advises the Secretary that the person is to continue to participate in the System for a further period specified by the Human Services Secretary:

(a) the suspension is revoked; and

(b) disability wage supplement again becomes payable to the person from the first day of the period specified by the Human Services Secretary.

Payment to cease if no advice from Human Services Secretary at end of long suspension period

“(11) If, at the end of the long suspension period, the Human Services Secretary has not advised the Secretary that the person is to continue to participate in the System, disability wage supplement ceases to be payable to the person.

“Subdivision C—Automatic rate reduction

Automatic rate reduction—partner starting to receive pension or benefit

“456. If:

(a) a person is receiving disability wage supplement; and

(b) the person’s partner starts to receive:

(i) a social security pension or benefit; or

(ii) a service pension; and

(c) the rate of the person’s disability wage supplement is reduced because of the partner’s receipt of that pension or benefit;

disability wage supplement becomes payable to the person at the reduced rate on the day on which the partner starts to receive that pension or benefit.

Automatic rate reduction—recipient not complying with section 446 notification obligations

“457. If:

(a) a person who is receiving disability wage supplement is given a notice under section 446; and

(e) because of the occurrence of the event or change in circumstances, the rate of the person’s disability wage supplement is to be reduced;

disability wage supplement becomes payable to the person at the reduced rate immediately after the day on which the event or change in circumstance occurs.

Automatic rate reduction—failure to inform Department of payment for remunerative work where earnings credit account balance available

“458. If:

(a) a person who is receiving disability wage supplement is given a notice under section 446; and

(b) the notice requires the person to inform the Department or the Human Services Department of income for remunerative work undertaken by the person; and

(c) the person fails to notify the Department or the Human Services Department of income of that kind in accordance with the notice; and

(d) the person has an earnings credit account balance for the purposes of Division 4 of Part 3.10;

disability wage supplement becomes payable to the person at the reduced rate from the first pension payday after the day on which the person’s earnings credit account balance is reduced to nil.

Changes to payments by computer following automatic termination or reduction

“459. If:

(a) a person is receiving disability wage supplement on the basis of data in a computer; and

(b) payment of disability wage supplement to the person is automatically terminated or the rate at which the person’s disability wage supplement is payable is automatically reduced by the operation of a provision of this Act; and

(c) the automatic termination or reduction is given effect to by the operation of a computer program approved by the Secretary stopping payment or reducing the rate of payment;

there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the person’s disability wage supplement.

Note: The decision that is taken to have been made is a decision of an officer for the purposes of review by the Secretary (see sections 1239 and 1240) and the Social Security Appeals Tribunal (see section 1247).

“Subdivision D—Determinations

Rate increase determination

“460. If the Secretary is satisfied that the rate at which disability wage supplement is being, or has been, paid to a person is less than the rate provided for by this Act, the Secretary is to determine that the rate is to be increased to the rate specified in the determination.

Note: For the date of effect of a determination under this section see section 467.

Rate reduction determination

“461. If the Secretary is satisfied that the rate at which disability wage supplement is being, or has been, paid to a person is more than the rate provided for by this Act, the Secretary is to determine that the rate is to be reduced to the rate specified in the determination.

Note 1: A determination under this section is not necessary in a case where an automatic rate reduction is produced by section 457 or 458.

Note 2: For the date of effect of a determination under this section see section 468.

Cancellation or suspension determination

“462. If the Secretary is satisfied that disability wage supplement is being, or has been, paid to a person to whom it is not, or was not, payable under this Act, the Secretary is to determine that payment of disability wage supplement to the person is to be cancelled or suspended.

Note 1: A determination is not necessary in a case where there is an automatic termination (see Subdivision B of Division 9).

Note 2: For the date of effect of a determination under this section see section 468.

Cancellation or suspension for failure to comply with section 447, 1304 or 1305 notice

“463. If:

(a) a person who is receiving disability wage supplement is given a notice under section 447, 1304 or 1305; and

(b) the person does not comply with the requirements set out in the notice;

the Secretary may determine that payment of disability wage supplement to the person is to be cancelled or suspended.

Note 1: This section will not apply in a case where section 462 applies.

Note 2: For the date of effect of a determination under this section see section 468.

Cancellation or suspension for failure to take action to obtain a comparable foreign payment

“464.(1) If:

(a) a person receiving disability wage supplement has been given a notice under subsection 448(1); and

(b) the Secretary is satisfied that the person has not taken reasonable action to obtain comparable foreign payment within the period specified in the notice;

the Secretary may determine that payment of disability wage supplement to the person is to be cancelled or suspended.

“(2) If:

(a) a person receiving disability wage supplement has been given a notice under subsection 448(2); and

(b) the Secretary is satisfied that the person’s partner has not taken reasonable action to obtain comparable foreign payment within the period specified in the notice;

the Secretary may determine that payment of disability wage supplement to the person is to be cancelled or suspended.

“(3) For the purposes of this section, a person takes reasonable action to obtain a comparable foreign payment only if the person takes reasonable action to obtain that payment at the highest rate applicable to the person.

Changes to payments by computer

“465. If:

(a) payment of disability wage supplement to a person is based upon data in a computer; and

(b) payment of the disability wage supplement is cancelled or suspended, or the rate at which it is payable is increased or reduced, because of the operation of a computer program approved by the Secretary; and

the change is taken to have been made because of a determination by the Secretary for that reason.

Note: The determination that is taken to have been made is a decision of an officer for the purposes of review by the Secretary (see sections 1239 and 1240) and the Social Security Appeals Tribunal (see section 1247).

Resumption of payment after cancellation or suspension

“466.(1) If the Secretary:

(a) cancels or suspends payment of a person’s disability wage supplement under section 462, 463 or 464; and

(b) reconsiders the decision to cancel or suspend; and

(i) the person did not receive disability wage supplement that was payable to the person; or

(ii) the person is not receiving disability wage supplement that is payable to the person;

the Secretary is to determine that disability wage supplement was or is payable to the person.

“(2) The reconsideration referred to in paragraph (1)(b) might be a reconsideration on an application under section 1240 for review or a reconsideration on the Secretary’s own initiative.

Note: For the date of effect of a determination under this section see section 467.

“Subdivision E—Date of effect of determination

Date of effect of favourable determination

“467.(1) The day on which a determination under section 460 or 466 (the ‘favourable determination’) takes effect is worked out in accordance with this section.

Notified decision—review sought within 3 months

“(2) If:

(a) a decision (the ‘previous decision’) is made in relation to a person’s disability wage supplement; and

(b) a notice is given to the person to whom disability wage supplement is payable advising the person of the making of the previous decision; and

(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and

(d) the favourable determination is made as a result of the application for review;

the determination takes effect on the day on which the previous decision took effect.

Notified decision—review sought after 3 months

“(3) If:

(a) a decision (the ‘previous decision’) is made in relation to a person’s disability wage supplement; and

(b) a notice is given to the person to whom disability wage supplement is payable advising the person of the making of the previous decision; and

(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and

(d) the favourable determination is made as a result of the application for review;

the determination takes effect on the day on which the person sought the review.

Decision not notified

“(4) If:

(a) a decision (the ‘previous decision’) is made in relation to a person’s disability wage supplement; and

(b) no notice is given to the person to whom disability wage supplement is payable advising the person of the making of the previous decision; and

(d) the favourable determination is made as a result of the application for review;

the determination takes effect on the day on which the previous decision took effect.

Notified change of circumstances

“(5) Subject to subsections (6) and (7), if:

(a) the favourable determination is made following a person having advised the Department of a change in circumstances; and

(b) the change is not a decrease in the rate of the person’s maintenance income;

the determination takes effect on the day on which the advice was received or on the day on which the change occurred, whichever is the later.

“(6) If:

(a) the favourable determination is made following the death of the person’s partner; and

(b) the favourable determination is made because the person elects not to receive bereavement payments; and

(i) the person notifies the Department orally or in writing of the partner’s death; or

(ii) the Secretary otherwise becomes aware of the death;

the determination takes effect on the day after the day on which the partner died.

“(7) If:

(a) the favourable determination is made following the death of the person’s partner; and

(b) before the partner died, the partner:

(i) was not receiving a social security pension or a service pension; and

(ii) was not a long-term social security recipient; and

(i) the person notifies the Department orally or in writing of the partner’s death; or

(ii) the Secretary otherwise becomes aware of the death;

the determination takes effect on the day on which the partner died.

Note 1: For ‘long-term social security recipient’ see subsection 23(1).

Note 2: If the person’s partner is receiving a social security pension or service pension or is a long-term social security recipient, the person is entitled to bereavement payments and this subsection does not apply to the person.

Other determinations

“(8) In any other case, the favourable determination takes effect on the day on which the determination was made or on a later day or earlier day (not being a day more than 3 months before the determination was made) specified in the determination.

Date of effect of adverse determination

General

“468.(1) The day on which a determination under section 461, 462, 463 or 464 (the ‘adverse determination’) takes effect is worked out in accordance with this section.

Note: If the adverse determination depends on a discretion or opinion and a person affected by the determination applies for review, the Secretary may continue payment pending the outcome of the review (see section 1241 (internal review) and section 1251 (review by Social Security Appeals Tribunal)).

“(2) The adverse determination takes effect on:

(a) the day on which the determination is made; or

(b) if another day is specified in the determination—on that day.

“(3) Subject to subsections (4), (5), (6), (7) and (8), the day specified under paragraph (2)(b) must be later than the day on which the determination is made.

Contravention of Act

“(4) If:

(a) the person whose disability wage supplement is affected by the adverse determination has contravened a provision of this Act (other than section 447, 1304, 1305, 1306 or 1307); and

(b) the contravention causes a delay in making the determination;

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

False statement or misrepresentation—suspension or cancellation

“(5) If:

(a) a person has made a false statement or misrepresentation; and

(b) because of the false statement or misrepresentation, disability wage supplement has been paid to a person when the payment should have been cancelled or suspended;

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

False statement or misrepresentation—rate reduction

“(6) If:

(a) a person has made a false statement or misrepresentation; and

(b) because of the false statement or misrepresentation, the rate at which disability wage supplement was paid to a person was more than the rate at which it should have been paid;

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

Payment of arrears of periodic compensation payments—suspension or cancellation

“(7) If:

(a) an adverse determination is made in relation to a person because of point 1064-E3 or 1066A-F2A (payment of arrears of periodic compensation payments); and

(b) disability wage supplement has been paid to the person or the person’s partner when, because of the payment of arrears of periodic compensation, payment should have been cancelled or suspended;

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

Payment of arrears of periodic compensation payments—rate reduction

“(8) If:

(a) an adverse determination is made in relation to a person because of point 1064-E3 or 1066A-F2A (payment of arrears of periodic compensation payments); and

(b) the rate at which disability wage supplement was paid to the person or the person’s partner was, because of the payment of arrears of periodic compensation, more than the rate at which disability wage supplement should have been paid;

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

“Division 10—Bereavement payments

“Subdivision A—Death of partner

Qualification for payments under this Subdivision

“469.(1) If:

(a) a person is receiving disability wage supplement; and

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

(d) immediately before the partner died, the partner:

(i) was receiving a social security pension; or

(ii) was receiving a service pension; or

(iii) was a long-term social security recipient; and

(e) on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:

(i) the amount that would otherwise be payable to the person under section 472 (person’s continued rate) on that payday; and

(ii) the amount that would otherwise be payable to the person under section 470 (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday;

the person is qualified for payments under this Subdivision to cover the bereavement period.

Note 1: Section 470 provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.

Note 2: Section 471 provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.

“(2) If:

(a) a person is receiving disability wage supplement; and

(b) immediately before starting to receive it the person was receiving partner bereavement payments; and

the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.

“(3) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

Note: If a person makes an election, the date of effect of any determination to increase the person’s rate of age pension may, in some circumstances, be the day after the day on which the person’s partner died (see subsection 467(6)).

“(4) An election under subsection (3):

(a) must be made by written notice to the Secretary; and

(b) may be made after the person has been paid an amount or amounts under this Subdivision; and

“(5) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which disability wage supplement is payable to the person during the bereavement period is, unless the person has made an election under subsection (3), governed by section 472.

“(6) For the purposes of this section, a person is a long-term social security recipient if:

(a) the person is either receiving a social security benefit or is a benefit increase partner; and

(b) in respect of the previous 12 months, the person:

(i) was receiving a social security pension; or

(ii) was receiving a social security benefit; or

(iii) was receiving a service pension; or

(iv) was a benefit increase partner.

“(7) A person is taken to satisfy the requirements of paragraph (6)(b) if:

(a) the person’s receipt of social security pension, social security benefit or service pension, or the person’s status as a benefit increase partner, or a combination of these, was continuous for the period of 12 months; or

(b) the person was receiving one or other of the payments referred to in paragraph (6)(b) or had the status of a benefit increase partner, or a combination of these, for 46 weeks of the previous 52.

Continued payment of partner’s pension or allowance

“470.(1) If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) immediately before the partner died, the partner was receiving a social security pension;

there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period, the amount that would have been payable to the partner on the payday if the partner had not died.

“(2) If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) immediately before the partner died, the partner was receiving a service pension;

there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period, the amount that (if the partner had not died) would have been payable to the partner under Part III of the Veterans’ Entitlements Act:

(c) if the first Thursday after the partner’s death was a service payday—on the service payday that precedes the partner’s payday; or

(d) in any other case—on the service payday that follows the partner’s payday.

“(3) For the purposes of this section, if the couple was, immediately before the partner’s death, an illness separated couple or a respite care couple, the amounts are to be worked out as if they were not such a couple.

Lump sum payable in some circumstances

“471. If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the person as a lump sum an amount worked out by using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how the amount of the lump sum is worked out:

	Method statement
Step 1.	Work out the amount that would have been payable to the person on the partner’s payday immediately before the first available bereavement adjustment payday if:
	(a) the person’s partner had not died; and
	(b) if immediately before the partner’s death the couple was an illness separated couple or a respite care couple—they were not such a couple.
Step 2.	Work out the amount that would have been payable to the person’s partner on the partner’s payday or service payday immediately before the first available bereavement adjustment payday if:
	(a) the partner had not died; and
	(b) if immediately before the partner’s death the couple was an illness separated couple or a respite care couple—they were not such a couple.
Step 3.	Add the results of Step 1 and Step 2: the result is called the combined rate.
Step 4.	Work out the amount that would, apart from section 472, have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.
Step 5.	Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.
Step 6.	Work out the number of paydays of the partner in the bereavement lump sum period.
Step 7.	Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section.

Adjustment of person’s disability wage supplement rate

“472. If:

(a) a person is qualified for payments under this Subdivision; and

(b) the person does not elect under subsection 469(3) not to receive payments under this Subdivision;

the rate of the person’s disability wage supplement during the bereavement period is worked out as follows:

(c) during the bereavement rate continuation period, the rate at which disability wage supplement is payable to the person is the rate at which disability wage supplement would have been payable to the person if:

(i) the person’s partner had not died; and

(ii) if immediately before the partner’s death the couple was an illness separated couple or a respite care couple—they were not such a couple;

(d) during the bereavement lump sum period (if any), the rate at which disability wage supplement is payable to the person is the rate at which it would be payable to the person apart from this Subdivision.

Effect of death of person entitled to payments under this Subdivision

“473. If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) the person dies within the bereavement period; and

there is payable as a lump sum, to such person as the Secretary thinks appropriate, an amount worked out by using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how the amount of the lump sum is worked out:

	Method statement
Step 1.	Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if:
	(a) neither the person nor the person’s partner had died; and
	(b) if immediately before the partner’s death the couple was an illness separated couple or a respite care couple—they were not such a couple.
Step 2.	Work out the amount that would have been payable to the partner on the partner’s payday or service payday immediately after the day on which the person died if:
	(a) neither the person nor the partner had died; and
	(b) if immediately before the partner’s death the couple was an illness separated couple or a respite care couple—they were not such a couple.
Step 3.	Add the results of Step 1 and Step 2: the result is called the combined rate.
Step 4.	Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.
Step 5.	Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.
Step 6.	Work out the number of paydays of the partner in the period that commences on the day after the person dies and ends on the day on which the bereavement period ends.
Step 7.	Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.

Matters affecting payment of benefits under this Subdivision

“474.(1) If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died was paid under this Act or under Part III of the Veterans’ Entitlements Act; and

the following provisions have effect:

(d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;

(e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).

“(2) If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) an amount to which the person’s partner would have been entitled if the person’s partner had not died was paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank, credit union or building society (the ‘financial institution’); and

(c) the financial institution pays to the person, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the financial institution is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.

“Subdivision B—Death of recipient

Death of recipient

“475.(1) If:

(a) a person is receiving disability wage supplement; and

(b) either:

(i) the person is not a member of a couple; or

(ii) the person is a member of a couple and the person’s partner:

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

(B) is not receiving a service pension; and

there is payable, to any person whom the Secretary thinks appropriate, an amount equal to the amount that would have been payable to the deceased person under this Act on the first pension payday after the person’s death if the person had not died.

“(2) If an amount is paid under subsection (1) in respect of a person, the Commonwealth is not liable to any action, claim or demand for any further payment under that subsection in respect of the person.

Note 1: For amounts owing to the recipient before the recipient’s death see section 441.

Note 2: For death of a person qualified for bereavement payments under Subdivision A see section 473.

Payment of disability wage supplement in respect of unused leave

“476.(1) If:

(a) a person who is receiving disability wage supplement dies; and

(b) immediately before the person died, the person had unused annual leave or unused long service leave;

an amount of disability wage supplement is payable in accordance with this section:

(c) if the person was a member of a couple immediately before he or she died—to the person who was then the person’s partner; or

(d) in any other case—to any person whom the Secretary thinks appropriate.

Note 1: For ‘unused annual leave’ see subsection 23(1).

Note 2: For ‘unused long service leave’ see subsection (5).

“(2) The amount payable under this section is worked out as follows:

	Method statement
Step 1.	Find out what is the accumulated unused leave period of the deceased person under subsection (3).
Step 2.	Work out the amount that would have been payable to the deceased person on the first pension pay day after the person’s death if the person had not died.
Step 3.	Multiply the amount obtained in Step 2 by the number of pension paydays in the person’s accumulated unused leave period: the result is the amount payable under this section.

“(3) A deceased person’s accumulated unused leave period:

(a) starts on the day after the day on which the person died; and

(b) runs for the number of days equal to the sum of:

(i) the number of days of unused annual leave that the person had at the time of death; and

(ii) the number of days of unused long service leave that the person had at the time of death.

“(4) For the purposes of subsection (3), the number of days of unused annual leave or unused long service leave that a deceased person had is to be worked out as follows:

(a) if the unused annual leave or unused long service leave is expressed in weeks—multiply that number of weeks (including any fraction of a week) by 7 and disregard any fraction that results;

(b) in any other case—multiply the number of working weeks represented in the period of unused leave by 7 and disregard any fraction that results.

“(5) In this section:

‘unused long service leave’, in relation to a deceased person, means leave that:

(a) under an industrial award was granted to the person because the person had been employed for a specified number of years; and

(b) was unused when the person died.

“Division 11—Fringe benefits

Fringe benefits

“477.(1) A person who is receiving disability wage supplement is qualified for fringe benefits.

“(2) If:

(a) a person is qualified for fringe benefits under subsection (1); and

(b) because of an increase in the income of the person, the rate of the person’s disability wage supplement becomes nil; and

then, subject to subsection (3), the person continues to be qualified for fringe benefits.

“(3) The person ceases to be qualified for fringe benefits under subsection (2) if the determination relevant to the payment of disability wage supplement to the person is cancelled.

“(4) If a person is qualified for fringe benefits, benefits and concessions of various kinds may be made available to the person by the Commonwealth, State and Territory governments and authorities and local authorities.

Note: For an example of Commonwealth benefits and concessions see the National Health Act 1953”.

Rate of age, disability support, wife and carer pensions and of disability wage supplement (people who are not blind)

8. Section 1064 of the Principal Act is amended:

(a) by inserting in paragraph (1)(b) “or disability wage supplement” after “pension”;

(b) by inserting in subsection (2) “or to a person’s disability wage supplement” after “pension”;

“(vi) disability wage supplement;”;

(d) by adding at the end of paragraph (6)(b) the following subparagraph:

“(iv) disability wage supplement;”.

Rate of age and disability support pension and of disability wage supplement (blind people)

9. Section 1065 of the Principal Act is amended:

(a) by inserting in paragraph (1)(b) “or disability wage supplement” after “pension”;

(b) by inserting in paragraph (4)(b) “or disability wage supplement” after “pension”;

Rate of age and disability support pension and of disability wage supplement (people under 21 who are not blind)

10. Section 1066A of the Principal Act is amended:

(a) by inserting in subsection (1) “, or the rate of disability wage supplement,” after “pension”;

(b) by omitting from subsection (2) “to a person’s disability support pension”;

“(6) In subsections (3) and (5):

‘pension’ means:

(a) disability support pension; or

(b) disability wage supplement.”.

Pension Rate Calculator D

11. The Rate Calculator in section 1066A is amended:

(a) by omitting from point 1066A-EA1 “the disability support pension of”;

(b) by omitting from point 1066A-EB1 “the disability support pension of”;

(d) by inserting in paragraph (a) of point 1066A-F2A “or disability wage supplement” after “disability support pension”.

Rate of disability support pension and of disability wage supplement (people under 21 who are blind)

12. Section 1066B of the Principal Act is amended:

(a) by inserting in subsection (1) “, or the rate of disability wage supplement,” after “pension”;

(b) by adding at the end the following subsection:

“(5) In subsections (2) and (4):

‘pension’ means:

(a) disability support pension; or

(b) disability wage supplement.”.

Person may have to repay amount where both lump sum and pension, benefit or allowance payments have been received

13. Section 1166 of the Principal Act is amended:

(a) by inserting in each item in the Table in subsection (2) “DWS” after “DSP” (wherever occurring);

(b) by inserting in the Key to the Table in subsection (2):

“DWS = disability wage supplement”

after:

“DSP = disability support pension”.

Rate reduction of certain pensions, benefits and allowances where periodic compensation payments have been received

14. Section 1168 of the Principal Act is amended:

(a) by inserting in each item in the Table in subsection (3) “DWS” after “DSP” (wherever occurring);

(b) by inserting in the Key to the Table in subsection (3):

“DWS = disability wage supplement”

after:

“DSP = disability support pension”.

Person may have to repay amount where both periodic compensation payments and pension, benefit or allowance payments have been received

15. Section 1170 of the Principal Act is amended:

(a) by inserting in the Note at the end of subsection (1) “468(7) and (8) (disability wage supplement),” before “589”;

(b) by inserting in each item in the Table in subsection (2) “DWS” after “DSP” (wherever occurring);

“DWS = disability wage supplement”

after:

“DSP = disability support pension”.

Indexed and adjusted amounts

16. The Table at the end of section 1190 of the Principal Act is amended:

(a) by inserting in column 2 of item 1 “or disability wage supplement” after “pension” (twice occurring);

(b) by inserting in column 2 of item 1A “or disability wage supplement” after “pension”;

(d) by inserting in column 2 of item 1B “or disability wage supplement” after “pension”;

(e) by omitting from column 3 of item 1B “DSP” and substituting “DSP/DWS”.

Adjustment of DSP/DWS (under 21 and child) MBR

17. Section 1198A of the Principal Act is amended by omitting from the Table “DSP” (twice occurring) and substituting “DSP/DWS”.

Adjustment of DSP/DWS (under 21 and no child) MBR

18. Section 1198B of the Principal Act is amended by omitting from the Table “DSP” (twice occurring) and substituting “DSP/DWS”.

Further amendments

19. The Principal Act is further amended as set out in Schedule 1.

Division 3—Rate of return on shares and managed investments

Annualised rate of return or loss on investment product

20. Section 1074E of the Principal Act is amended:

(a) by omitting from subsection (1) “The” and substituting “Subject to subsection (1A), the”;

(b) by inserting after subsection (1) the following subsection:

“(1A) The annualised rate of return on an investment product is not to be greater than 50%.”;

“(6) If the investment product became available during a part of a period of 12 months, the performance of the product for that part is taken to be the performance of the product for the whole 12 months.”.

Division 4—Migration consequential amendments

Index of definitions

21. Section 3 of the Principal Act is amended by inserting:

“designated temporary entry permit	7(1)
disallowable instrument	23(1)
holder	7(1)
new PRC (temporary) entry permit	7(1)
old PRC (temporary) entry permit	7(1)
permanent visa	7(1)
special category visa	7(1)
special purpose visa	7(1)
temporary visa	7(1)
visa	7(1) ”.

Australian residence definitions

22. Section 7 of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsections:

“(1) In this Act, unless the contrary intention appears:

“ ‘Australian resident’ has the meaning given by subsection (2);

‘designated temporary entry permit’ means:

(a) an old PRC (temporary) entry permit held by the partner or a dependent child (if any) of a citizen of the People’s Republic of China if that citizen holds an old PRC (temporary) entry permit; or

(b) a new PRC (temporary) entry permit held by the partner or a dependent child (if any) of a citizen of the People’s Republic of China if that citizen holds:

(i) an old PRC (temporary) entry permit; or

(ii) a new PRC (temporary) entry permit;

‘holder’, in relation to a visa, has the same meaning as in the Migration Act 1958;

‘new PRC (temporary) entry permit’ means an entry permit within class 437 of Division 2.6—Group 2.6 in Part 2 of Schedule 1 to the Migration (1993) Regulations as in force before 1 September 1994;

‘old PRC (temporary) entry permit’ means a PRC (temporary) entry permit within the meaning of the Migration (1989) Regulations as in force before 1 February 1993;

‘permanent visa’, ‘special category visa’, ‘special purpose visa’, ‘temporary visa’ and ‘visa’ have the same meaning as in the Migration Act 1958;

‘qualifying Australian residence’ has the meaning given by subsection (5).

“(2) An Australian resident is a person who:

(a) resides in Australia; and

(b) is one of the following:

(i) an Australian citizen;

(ii) the holder of a permanent visa;

(iii) the holder of a special category visa who is likely to remain permanently in Australia;

(iv) the holder of a special purpose visa who is likely to remain permanently in Australia.

Note: For ‘holder’, ‘permanent visa’ and ‘special purpose visa’ see subsection (1).”.

General definitions

23. Section 23 of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of “inhabitant of Australia” and substituting the following definition:

“ ‘inhabitant of Australia’ means:

(a) an Australian resident; or

(b) the holder of a temporary visa declared in writing by the Minister to be an approved visa for the purposes of this definition;

Note 1: For ‘holder’ and ‘temporary visa’, see subsection 7(1).

Note 2: When making a declaration about a visa, the Minister must act in accordance with subsection (12).”;

(b) by inserting in subsection (1) the following definition:

“ ‘disallowable instrument’ means a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901;”;

“(13) When declaring a temporary visa to be an approved visa for the purposes of the definition of ‘inhabitant of Australia’ in subsection (1), the Minister may only identify the visa by reference

to a class of visas prescribed by regulations made under the Migration Act 1958. The declaration is a disallowable instrument.”.

Repeal and substitution of sections

24.(1) Sections 541B and 541C are repealed and the following sections are substituted:

Newly arrived resident’s waiting period

“541B.(1) Subject to this section, a person who:

(a) has entered Australia on or after 1 January 1993; and

(b) holds a permanent visa;

is subject to a newly arrived resident’s waiting period.

Note: For ‘holder’ and ‘permanent visa’ see subsection 7(1).

“(2) Subsection (1) does not apply to a person who holds a visa declared in writing by the Minister to be an approved visa for the purposes of this subsection.

Note: When making a declaration about a visa, the Minister must act in accordance with subsection (6).

“(3) Subsection (1) does not apply to a person:

(a) if, immediately before this section commenced, the person had held a valid designated temporary entry permit for a continuous period of at least 26 weeks; or

(b) if:

(i) immediately before this section commenced, the person had held a valid designated temporary entry permit for a continuous period (‘permit period’) of less than 26 weeks; and

(ii) that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and

(iii) the period during which that permit continued to be in force as a temporary visa together with the permit period is at least 26 weeks.

Note: For ‘designated temporary entry permit’ see subsection 7(1).

“(4) Subsection (1) does not apply to a person if:

(a) the person was a member of a couple immediately before entering Australia; and

(b) the person’s partner had been an Australian resident for at least 26 weeks when the person entered Australia.

Note: For ‘Australian resident’ see subsection 7(2).

“(5) Subsection (1) does not apply to a person if:

(a) the person is already subject to a newly arrived resident’s waiting period; or

(b) the person has already served a newly arrived resident’s waiting period; or

(i) has previously entered Australia; and

(ii) held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person’s last departure from Australia.

“(6) When declaring a visa to be an approved visa for the purposes of subsection (2), the Minister may only identify the visa by reference to a class of visas prescribed by regulations made under the Migration Act 1958. The declaration is a disallowable instrument.

Duration of newly arrived resident’s waiting period

“541C.(1) If a person is subject to a newly arrived resident’s waiting period, the period starts on the day on which the person’s permanent visa comes into force and ends on the day worked out under subsection (2) or (3).

“(2) If:

(a) immediately before this section commenced, the person held a valid designated temporary entry permit; and

(b) that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and

the newly arrived resident’s waiting period ends 26 weeks after the day on which the designated temporary entry permit was granted to the person.

Note: For ‘designated temporary entry permit’ see subsection 7(1).

“(3) If subsection (2) does not apply, the newly arrived resident’s waiting period ends 26 weeks after the day on which the person was granted his or her permanent visa.”.

Repealed provisions to continue to apply to certain persons

(2) In spite of subsection (1), sections 541B and 541C of the Principal Act as in force immediately before this section commenced continue to apply to a person who was then subject to a newly arrived resident’s waiting period.

Repeal and substitution of sections

25.(1) Sections 623A and 623B are repealed and the following sections are substituted:

Newly arrived resident’s waiting period

“623A.(1) Subject to this section, a person who:

(a) has entered Australia on or after 1 January 1993; and

(b) holds a permanent visa;

is subject to a newly arrived resident’s waiting period.

Note: For ‘holder’ and ‘permanent visa’ see subsection 7(1).

“(2) Subsection (1) does not apply to a person who holds a visa declared in writing by the Minister to be an approved visa for the purposes of this subsection.

Note: When making a declaration about a visa, the Minister must act in accordance with subsection (6).

“(3) Subsection (1) does not apply to a person:

(a) if, immediately before this section commenced, the person had held a valid designated temporary entry permit for a continuous period of at least 26 weeks; or

(b) if:

(i) immediately before this section commenced, the person had held a valid designated temporary entry permit for a continuous period (‘permit period’) of less than 26 weeks; and

(ii) that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and

(iii) the period during which that permit continued to be in force as a temporary visa together with the permit period is at least 26 weeks.

Note: For ‘designated temporary entry permit’ see subsection 7(1).

“(4) Subsection (1) does not apply to a person if:

(a) the person was a member of a couple immediately before entering Australia; and

(b) the person’s partner had been an Australian resident for at least 26 weeks when the person entered Australia.

Note: For ‘Australian resident’ see subsection 7(2).

“(5) Subsection (1) does not apply to a person if:

(a) the person is already subject to a newly arrived resident’s waiting period; or

(b) the person has already served a newly arrived resident’s waiting period; or

(i) has previously entered Australia; and

(ii) held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person’s last departure from Australia.

Duration of newly arrived resident’s waiting period

“623B.(1) If a person is subject to a newly arrived resident’s waiting period, the period starts on the day on which the person’s permanent visa comes into force and ends on the day worked out under subsection (2) or (3).

“(2) If:

(a) immediately before this section commenced, the person held a valid designated temporary entry permit; and

(b) that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and

the newly arrived resident’s waiting period ends 26 weeks after the day on which the designated temporary entry permit was granted to the person.

Note: For ‘designated temporary entry permit’ see subsection 7(1).

“(3) If subsection (2) does not apply, the newly arrived resident’s waiting period ends 26 weeks after the day on which the person was granted his or her permanent visa.”.

Repealed provisions to continue to apply to certain persons

(2) In spite of subsection (1), sections 623A and 623B of the Principal Act as in force immediately before this section commenced continue to apply to a person who was then subject to a newly arrived resident’s waiting period.

Repeal and substitution of sections

26.(1) Sections 696B and 696C are repealed and the following sections are substituted:

Newly arrived resident’s waiting period

“696B.(1) Subject to this section, a person who:

(a) has entered Australia on or after 1 January 1993; and

(b) holds a permanent visa;

is subject to a newly arrived resident’s waiting period.

Note: For ‘holder’ and ‘permanent visa’ see subsection 7(1).

“(2) Subsection (1) does not apply to a person who holds a visa declared in writing by the Minister to be an approved visa for the purposes of this subsection.

Note: When making a declaration about a visa, the Minister must act in accordance with subsection (6).

“(3) Subsection (1) does not apply to a person:

(a) if, immediately before this section commenced, the person had held a valid designated temporary entry permit for a continuous period of at least 26 weeks; or

(b) if:

(i) immediately before this section commenced, the person had held a valid designated temporary entry permit for a continuous period (‘permit period’) of less than 26 weeks; and

(ii) that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and

(iii) the period during which that permit continued to be in force as a temporary visa together with the permit period is at least 26 weeks.

Note: For ‘designated temporary entry permit’ see subsection 7(1).

“(4) Subsection (1) does not apply to a person if:

(a) the person was a member of a couple immediately before entering Australia; and

(b) the person’s partner had been an Australian resident for at least 26 weeks when the person entered Australia.

Note: For ‘Australian resident’ see subsection 7(2).

“(5) Subsection (1) does not apply to a person if:

(a) the person is already subject to a newly arrived resident’s waiting period; or

(b) the person has already served a newly arrived resident’s waiting period; or

(i) has previously entered Australia; and

(ii) held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person’s last departure from Australia.

Duration of newly arrived resident’s waiting period

“696C.(1) If a person is subject to a newly arrived resident’s waiting period, the period starts on the day on which the person’s permanent visa comes into force and ends on the day worked out under subsection (2) or (3).

“(2) If:

(a) immediately before this section commenced, the person held a valid designated temporary entry permit; and

(b) that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and

the newly arrived resident’s waiting period ends 26 weeks after the day on which the designated temporary entry permit was granted to the person.

Note: For ‘designated temporary entry permit’ see subsection 7(1).

“(3) If subsection (2) does not apply, the newly arrived resident’s waiting period ends 26 weeks after the day on which the person was granted his or her permanent visa.”.

Repealed provisions to continue to apply to certain persons

(2) In spite of subsection (1), sections 696B and 696C of the Principal Act as in force immediately before this section commenced continue to apply to a person who was then subject to a newly arrived resident’s waiting period.

Qualification for special benefit

27. Section 729 of the Principal Act is amended:

(a) by omitting paragraph (2)(f) and substituting the following paragraph:

“(f) the person is:

(i) an Australian resident; or

(ii) the holder of a visa declared in writing by the Minister to be an approved visa for the purpose of this paragraph;”;

(b) by omitting paragraph (2)(g);

“Note 2: For ‘holder’ and ‘visa’ see subsection 7(1).

Note 3: When making a declaration about a visa (see paragraph (f)) the Minister must act in accordance with subsection (7).”;

(d) by adding at the end the following subsection:

“(7) When declaring a visa to be an approved visa for the purposes of paragraph (2)(f), the Minister may only identify the visa by reference to a class of visas prescribed by regulations made under the Migration Act 1958. The declaration is a disallowable instrument.”.

Qualification for disaster relief payment

28. Section 1061K of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:

“(b) when the person was affected by the disaster, he or she:

(i) was residing in Australia; and

(ii) was not an unlawful non-citizen within the meaning of the Migration Act 1958.”.

Division 5—Pension age

General definitions

29. Section 23 of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of “pension age” and substituting the following definition:

“ ‘pension age’ has the meaning given by subsections (5A), (5B), (5C) and (5D);”;

(b) by inserting after subsection (5) the following subsections:

Pension age

“(5A) A man reaches pension age when he turns 65.

“(5B) A woman born before 1 July 1935 reaches pension age when she turns 60.

“(5C) A woman born within the period specified in column 2 of an item in the following Table reaches pension age when she turns the age specified in column 3 of that item.

TABLE
PENSION AGE FOR WOMEN
column 1	column 2	column 3
item no.	period within which woman was born (both dates inclusive)	pension age
1.	From 1 July 1935 to 31 December 1936	60 years and 6 months
2.	From 1 January 1937 to 30 June 1938	61 years
3.	From 1 July 1938 to 31 December 1939	61 years and 6 months
4.	From 1 January 1940 to 30 June 1941	62 years
5.	From 1 July 1941 to 31 December 1942	62 years and 6 months
6.	From 1 January 1943 to 30 June 1944	63 years
7.	From 1 July 1944 to 31 December 1945	63 years and 6 months
8.	From 1 January 1946 to 30 June 1947	64 years
9.	From 1 July 1947 to 31 December 1948	64 years and 6 months

“(5D) A woman born on or after 1 January 1949 reaches pension age when she turns 65.”.

Qualification for age pension

30. Section 43 of the Principal Act is amended:

(a) by omitting paragraph (1)(a) and substituting the following paragraph:

“(a) has reached pension age; and”;

(b) by adding at the end of subsection (1) the following Note:

“Note 2: For ‘pension age’ see subsections 23(5A), (5B), (5C) and (5D).”.

Qualification for participation in pension loans scheme

31. Section 1133 of the Principal Act is amended:

(a) by omitting paragraph (1)(c) and substituting the following paragraph:

“(c) the person has reached pension age; and”;

(b) by adding at the end of subsection (1) the following Note:

“Note 4: For ‘pension age’ see subsections 23(5A), (5B), (5C) and (5D).”;

“(c) the person:

(i) has reached pension age; or

(ii) is the partner of a person who has reached pension age; and”;

(d) by adding at the end of subsection (2) the following Note:

“Note 4: For ‘pension age’ see subsections 23(5A), (5B), (5C) and (5D).”.

Debt not to be recovered until after death

32. Section 1139 of the Principal Act is amended:

(a) by omitting subparagraph (2)(b)(iv) and substituting the following subparagraph:

“(iv) the partner has reached pension age;”;

(b) by adding at the end of subsection (2) the following Note:

“Note: For ‘pension age’ see subsections 23(5A), (5B), (5C) and (5D).”.

Rate of pension or allowance payable under scheduled international social security agreement where rate to be determined under the social security laws of Australia

33. The Rate Calculator in section 1210 of the Principal Act is amended by omitting point 1210-B1 and substituting the following point:

Working life

“1210-B1. For the purposes of this Module, a person’s working life is the period beginning when the person turns 16 and ending when the person reaches pension age.

Note: For ‘pension age’ see subsections 23(5A), (5B), (5C) and (5D).”.

Rate of pensions paid outside Australia—certain wife pensioners and widow B pensioners

34. The Rate Calculator in section 1221 of the Principal Act is amended by omitting point 1221-B1 and substituting the following point:

Working life

“1221-B1. For the purposes of this Module, a person’s working life is the period beginning when the person turns 16 and ending when the person reaches pension age.

Note: For ‘pension age’ see subsections 23(5A), (5B), (5C) and (5D).”.

Further amendments

35. Sections 109 and 791A of the Principal Act are each amended by omitting the Note to the section and substituting the following Note:

“Note: For ‘pension age’ see subsections 23(5A), (5B), (5C) and (5D).”.

Division 6—Tax file numbers

Provision of person’s tax file number

36. Section 46A of the Principal Act is amended:

(a) by omitting paragraph (1)(a) and substituting the following paragraph:

“(a) the person is requested under section 51A or 67A:

(i) to give the Secretary a written statement of the person’s tax file number; or

(ii) to apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and”;

(b) by omitting from paragraph (1)(b) “requirement” and substituting “request”;

“(a) the person’s declaration states that the person has applied for a tax file number; and”;

(d) by inserting after paragraph (3)(b) the following paragraph:

“(ba) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and”.

Provision of partner’s tax file number

37. Section 46B of the Principal Act is amended:

(a) by omitting from paragraph (1)(b) “required” and substituting “requested”;

(b) by omitting from paragraph (1)(c) “requirement” and substituting “request”;

Repeal and substitution of sections

38. Sections 51A and 51B of the Principal Act are repealed and the following sections are substituted:

Secretary may request claimant to give statement of claimant’s tax file number

“51A.(1) If a claimant for an age pension is in Australia, the Secretary may request but not compel the claimant:

(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

(b) if the claimant does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

“(2) An age pension is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Secretary may request claimant to give statement of partner’s tax file number

“51B.(1) If:

(a) a claimant for an age pension is a member of a couple; and

(b) the claimant’s partner is in Australia;

the Secretary may request but not compel the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

“(2) An age pension is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 46B(4)).”.

Repeal and substitution of sections

39. Sections 67A and 67B of the Principal Act are repealed and the following sections are substituted:

Secretary may request recipient to give statement of recipient’s tax file number

“67A.(1) If a recipient of an age pension is in Australia, the Secretary may request but not compel the recipient:

(a) if the recipient has a tax file number—to give the Secretary a written statement of the recipient’s tax file number; or

(b) if the recipient does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the recipient’s tax file number after the Commissioner of Taxation has issued it.

“(2) An age pension is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Secretary may request recipient to give statement of partner’s tax file number

“67B.(1) If:

(a) an age pension recipient is a member of a couple; and

(b) the recipient’s partner is in Australia;

the Secretary may request but not compel the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

“(2) An age pension is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 46B(4)).’.

Further amendments

40.(1) The Principal Act is further amended as set out in Part 1 of Schedule 2.

(2) The Principal Act is further amended as set out in Part 2 of Schedule 2.

(3) The Principal Act is further amended as set out in Part 3 of Schedule 2.

Division 7—Family Payment Rate Calculator

Family Payment Rate Calculator

41. The Rate Calculator in section 1069 of the Principal Act is amended by adding after point 1069-D23 the following point in Module D:

“1069-D24. On 1 January 1995 the amounts specified in items 1 and 2 in column 3 of Table D in point 1069-D23 are increased by $2.00. The increase to the amounts specified in those items is to be made after the adjustment of those amounts on that day has occurred.”.

Division 8—Compensation recovery

Compensation recovery definitions

42. Section 17 of the Principal Act is amended:

(a) by omitting from paragraph (2)(d)”, other than a payment to which the recipient has contributed”;

(b) by inserting after subsection (2) the following subsection:

“(2A) Paragraph (2)(d) does not apply to a compensation payment if:

(a) the recipient has made contributions (for example, by way of insurance premiums) towards the payment; and

(b) the agreement under which the contributions are made does not provide for the amounts that would otherwise be payable under the agreement being reduced or not payable because the recipient is eligible for or receives payments under this Act that are compensation affected payments.”.

Division 9—Deferment periods for job search allowance and newstart allowance

Schedule 3

43. The Principal Act is amended as set out in Schedule 3.

Division 10—Home child care and partner allowances

Repeal and substitution of sections

44. Section 912 of the Principal Act is repealed and the following sections are substituted:

Home child care allowance not payable to more than one person for same child

“912. If:

(a) more than one person qualifies for home child care allowance in relation to the same child; and

(b) the Secretary has not made a declaration under subsection 938(1) in respect of home child care allowance in relation to the child; and

home child care allowance is not payable to any other person in relation to that child.

Note: Subsection 938(1) allows the Secretary to make a declaration that more than one person can share home child care allowance.

Home child care allowance not payable to more than one member of a couple

“912A. If:

(a) both members of a couple are qualified for home child care allowance; and

(b) one of the members of the couple is receiving home child care allowance;

home child care allowance is not payable to the other member of the couple.”.

Secretary may make declaration where more than one person qualified for home child care allowance for the same child

45. Section 938 of the Principal Act is amended:

(a) by omitting from subsection (1) “If the Secretary” and substituting “Subject to subsection (3), if the Secretary”;

(b) by adding at the end (but before the Note) the following subsection:

“(3) The Secretary is not to make a declaration under subsection (1) in respect of 2 persons who are members of a couple.”.

Technical amendments

46.(1) The Principal Act is further amended as set out in Part 1 of Schedule 4.

(2) The Principal Act is further amended as set out in Part 2 of Schedule 4.

Division 11—Allocated pensions and allocated annuities

Investment income definitions

47. Section 9 of the Principal Act is amended:

(a) by inserting the following definitions in subsection (1):

“ ‘allocated annuity’ has the meaning given by subsection (8);

‘allocated pension’ has the meaning given by subsection (8);”;

(b) by inserting after subsection (7) the following subsection:

“(8) A pension or annuity is an allocated one if:

(a) the pension or annuity was purchased on or after 1 July 1992; and

(b) either:

(i) the rate of payment of the pension or annuity; or

(ii) the basis for variations in the rate of payment of the pension or annuity;

is not fully defined in the relevant trust deed or contract.”.

Certain assets to be disregarded in calculating the value of a person’s assets

48. Section 1118 of the Principal Act is amended by inserting in paragraph (1)(d) “that is not an allocated pension” after “person”.

Value of annuities

49. Section 1119 of the Principal Act is amended:

(a) by inserting after paragraph (2)(a) the following paragraph:

“(ab) an allocated annuity; or”;

(b) by inserting after subsection (4) (and before the Annuity Value Calculator) the following subsection:

“(5) Subsection (4) does not apply to an allocated annuity.

Note: For ‘allocated annuity’ see subsection 9(8).”.

Amendment of the Social Security Legislation Amendment Act (No. 3) 1992

50. The Social Security Legislation Amendment Act (No. 3) 1992 is amended:

(a) by omitting subsection 2(13);

(b) by repealing Division 19 of Part 2.

Division 12—Net rental property loss

Family payment income test and parental means test definitions

51. Section 10A of the Principal Act is amended:

(a) by inserting the following definition in subsection (2):

“ ‘net rental property loss’ has the meaning given by subsection (15);”;

(b) by adding at the end the following subsection:

Net rental property loss

“(15) The net rental property loss of a person for a tax year is:

(a) if the expenses incurred by the person on rental property during that year exceed the person’s gross rental property income for that year—the amount by which those expenses exceed that gross rental property income; or

(b) if the expenses incurred by the person on rental property during that year do not exceed the person’s gross rental property income for that year—nil.”.

Benefit Rate Calculator A

52.(1) The Rate Calculator in section 1067 of the Principal Act is amended:

(a) by omitting from point 1067-G12 “taxable”;

(b) by omitting Note 2 to point 1067-G12 and substituting the following Notes:

“Note 2: For ‘income’ see point 1067-G23 below.

Note 2A: For ‘exempt spousal maintenance income’ see section 23.”;

(d) by omitting Note 2 to point 1067-G13 and substituting the following Notes:

“Note 2: For ‘income’ see point 1067-G23 below.

Note 2A: For ‘exempt spousal maintenance income’ see section 23.”;

(e) by omitting from point 1067-G14 “taxable”;

(f) by omitting Note 2 to point 1067-G14 and substituting the following Notes:

“Note 2: For ‘income’ see point 1067-G23 below.

Note 2A: For ‘exempt spousal maintenance income’ see section 23.”;

(g) by inserting after point 1067-G22 the following point in Module G:

Income

“1067-G23. For the purposes of points 1067-G12, 1067-G13 and 1067-G14, a person’s income for a particular tax year is the sum of:

(a) the person’s taxable income for that year; and

(b) the person’s net rental property loss for that year.

Note 1: For ‘taxable income’ see subsection 23(1).

Note 2: For ‘net rental property loss’ see subsection 10A(15).”.

(2) The amendments made by subsection (1):

(a) apply to all payments that fall due on or after 1 January 1995; and

(b) apply to all net rental property losses whether incurred before, on or after 1 January 1995.

Family Payment Rate Calculator

53.(1) The Rate Calculator in section 1069 of the Principal Act is amended:

(a) by inserting after point 1069-H2C the following point:

“1069-H2D. For the purposes of this Module, if a person is a member of a couple, the person’s net rental property loss for a tax year includes the net rental property loss for that year of the person’s partner.

Note: For ‘net rental property loss’ see subsection 10A(15).”;

(b) by omitting point 1069-H21 and substituting the following point:

Income

“1069-H21. For the purposes of points 1069-H13, 1069-H14, 1069-H15, 1069-H16, 1069-H17 and 1069-H19, a person’s income for a particular tax year is the sum of:

(a) the person’s taxable income for that year; and

(b) the person’s adjusted fringe benefits value for that year; and

(d) the person’s net rental property loss for that year.

Note 1: For ‘taxable income’ see subsection 23(1).

Note 2: For ‘adjusted fringe benefits value’ see points 1069-H24 and 1069-H25.

Note 3: For ‘target foreign income’ see subsection 10A(2).

Note 4: For ‘net rental property loss’ see subsection 10A(15).”;

“

Step 6A.	Work out the person’s net rental property loss for that tax year.
	Note: For the treatment of net rental property loss of members of a couple see point 1069-H2D.
Step 7.	Add the amounts obtained in Steps 2, 5, 6 and 6A. The result is called the person’s adjusted income.

”;

(d) by adding at the end of point 1069-H22 the following Note:

“Note 3: For ‘net rental property loss’ see subsection 10A(15).”;

(e) by omitting Step 7 from the Method Statement in point 1069-H27 and substituting the following Steps:

“

Step 6A.	Work out the person’s net rental property loss for that tax year.
	Note: For the treatment of net rental property loss of members of a couple see point 1069-H2D.
Step 7.	Add the amounts obtained in Steps 2, 5, 6 and 6A. The result is called the person’s adjusted income.

”;

(f) by adding at the end of point 1069-H27 the following notes:

“Note 2: For ‘target foreign income’ see subsection 10A(2).

Note 3: For ‘net rental property loss’ see subsection 10A(15).”.

(2) The amendments made by subsection (1):

(a) apply to all payments that fall due on or after 1 January 1995; and

(b) apply to all net rental property losses whether incurred before, on or after 1 January 1995.

PART 3—AMENDMENTS OF THE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990

Principal Act

54. In this Part, “Principal Act” means the Data-matching Program (Assistance and Tax) Act 19902.

Interpretation

55. Section 3 of the Principal Act is amended by inserting after subparagraph (c)(x) of the definition of “personal assistance” the following subparagraph:

“(xa) disability wage supplement;”.

PART 4—AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986

Principal Act

56. In this Part, “Principal Act” means the Veterans’ Entitlements Act 19863.

General definitions

57. Section 50 of the Principal Act is amended:

(a) by adding at the end of the definition of “social security benefit” in subsection (1) the following word and paragraph:

“or (e) partner allowance under Part 2.15A;”;

(b) by inserting in the definition of “social security pension” in subsection (1) the following paragraph:

“(gaa) disability wage supplement under Part 2.9; or”.

PART 5—AMENDMENTS OF THE FARM HOUSEHOLD SUPPORT ACT 1992

Principal Act

58. In this Part, “Principal Act” means the Farm Household Support Act 19924.

Interpretation

59. Section 3 of the Principal Act is amended by inserting in subsection (1) “ ‘partner allowance’ ”.

Grant period

60. Section 5 of the Principal Act is amended by omitting from subsection (2) “or newstart allowance” and substituting “, newstart allowance or partner allowance”.

Persons not qualified if they have received farm household support for 2 years etc.

61. Section 8 of the Principal Act is amended by omitting from paragraph (2)(b) “or newstart allowance” and substituting “, newstart allowance or partner allowance”.

Repeal and substitution of section

62. Section 22 of the Principal Act is repealed and the following section is substituted:

Maximum fortnightly rate—how worked out

“22. The maximum fortnightly rate at which farm household support may be paid to a person is:

(a) if the person is not a member of a couple—the fortnightly rate at which job search allowance would be payable to the person if the person were entitled to receive job search allowance; or

(b) if the person is a member of a couple—the fortnightly rate at which job search allowance would be payable to the person if the person were entitled to receive job search allowance plus the fortnightly rate at which partner allowance would be payable to the person’s partner if the partner were entitled to receive partner allowance.”.

Person entitled to grant on sale of farm within grant period

63. Section 52 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections:

“(1) If a person sold his or her farm within the person’s grant period, the total amount of farm household support paid to the person is converted into a grant and the person is not liable to repay any instalments of farm household support.

“(1A) If the person sold his or her farm within 9 months from the beginning of the person’s grant period, the person is also entitled to a grant:

(a) if the person is not a member of a couple—equal to the amount of job search allowance that would be payable to the person for the qualifying period if, under the Social Security Act 1991:

(i) the person were entitled to receive job search allowance for the qualifying period; and

(ii) job search allowance were payable to the person at the rate that would be the person’s maximum payment rate at the beginning of the qualifying period; or

(b) if the person is a member of a couple—equal to the amount of job search allowance that would be payable to the person for the qualifying period, if under the Social Security Act 1991:

(i) the person were entitled to receive job search allowance for the qualifying period; and

(ii) job search allowance were payable to the person at the rate that would be the person’s maximum payment rate at the beginning of the qualifying period;

plus the amount of partner allowance that would be payable to the person’s partner for the qualifying period if, under the Social Security Act 1991:

(iii) the partner were entitled to receive partner allowance for the qualifying period; and

(iv) partner allowance were payable to the partner at the rate that would be the partner’s maximum payment rate at the beginning of the qualifying period.

“(1B) In this section, ‘qualifying period’ means the period beginning from the sale of the farm and ending at the end of the 9 months period referred to in subsection (1A).”.

SCHEDULE 1 Section 19

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
CONSEQUENTIAL UPON DIVISION 2 OF PART 2

1. Subsection 17(1) (definition of “compensation affected payment”):

After paragraph (f) insert:

“(fa) disability wage supplement; or”.

2. Subsection 17(1) (definition of “disability support wife pension”):

Add at the end “or disability wage supplement”.

3. Subsection 94(6):

After “pension” (last occurring) insert “, disability wage supplement”.

4. Subsection 95(2):

After “pension” (last occurring) insert “, disability wage supplement”.

5. Subsection 100(1):

Omit “and (4)”, substitute “, (4) and (5)”.

6. Section 100:

Add at the end:

“(5) If:

(a) disability wage supplement ceased to be payable to a person on a particular day (‘relevant day’); and

(b) on the relevant day the person was qualified for disability support pension; and

(c) the person makes a claim for disability support pension more than 14 days after the relevant day but within 3 months after the relevant day; and

(d) the Secretary is satisfied that an incapacity of the person was the sole or dominant cause why the person did not make the claim within 14 days after the relevant day;

the person’s provisional commencement day is the first pension payday after the relevant day.”.

7. Section 106:

Add at the end:

“(3) If:

(a) disability wage supplement ceases to be payable to a person; and

SCHEDULE 1—continued

(b) the person is qualified for disability support pension; and

the person does not have to make a claim for disability support pension.”.

8. Subparagraph 147(1)(b)(i):

Omit “or disability support pension”, substitute “, disability support pension or disability wage supplement”.

9. Paragraph 147(1A)(a):

After “1991” insert “or is receiving disability wage supplement”.

10. Paragraph 1758(c):

After “disability support pension” insert “, disability wage supplement”.

11. Paragraph 186(1)(d):

After “pension” insert “, disability wage supplement”.

12. Paragraph 2258(d):

After “disability support pension” insert “, disability wage supplement”.

13. After subparagraph 237(1)(d)(ii):

Insert:

“(iia) disability wage supplement; or”.

14. Sub-subparagraph 249(2)(b)(i)(B):

Omit “or a disability support pension”, substitute “, a disability support pension or disability wage supplement”.

15. Sub-subparagraph 262(2)(b)(i)(B):

Omit “or a disability support pension”, substitute “, a disability support pension or disability wage supplement”.

16. After subparagraph 303(1)(d)(iii):

Insert:

“(iv) disability wage supplement; or”.

17. After section 664F:

Insert:

Disability wage supplement

“664FA.(1) A person is qualified for an employment entry payment if the person:

SCHEDULE 1—continued

(a) has made a claim for disability wage supplement; and

(b) is qualified for disability wage supplement; and

(i) a payment under this Part; or

(ii) an employment entry payment made under the supported wage system administered by the Human Services Department.

“(2) A person is qualified for an employment entry payment if:

(a) the person has made a claim for disability wage supplement; and

(b) the person would be qualified for disability wage supplement if the Human Services Secretary had advised the Secretary that the person was participating in the supported wage system administered by the Human Services Department; and

(c) the Human Services Secretary has advised the Secretary that the person has begun a trial period for the purposes of participating in that supported wage system; and

(d) the person has not, within the last 12 months, received:

(i) a payment under this Part; or

(ii) an employment entry payment made under the supported wage system administered by the Human Services Department.

“(3) A person is qualified for an employment entry payment if:

(a) the person has made a claim for disability wage supplement; and

(i) to participate in that supported wage system; or

(ii) to undergo a trial period for the purpose of participating in that supported wage system; and

(d) the person has not, within the last 12 months, received:

(i) a payment under this Part; or

(ii) an employment entry payment made under the supported wage system administered by the Human Services Department.

“(4) The payment may be made at the time determined by the Secretary but may not be made more than 28 days before the day advised by the Human Services Secretary as the day on which the person is likely to start participating in the system or undergoing the trial period.

SCHEDULE 1—continued

Amount of section 664FA payment

“664FB. The amount of an employment entry payment under section 664FA is $300.”.

18. Subsection 665(1):

After “664E” insert “, 664FA”.

19. Heading to Division 2 of Part 2.13A:

Omit the heading, substitute the following heading:

“Division 2—Recipients of disability support pension or disability wage supplement”.

20. Paragraph 665E(a):

After “pension” insert “or disability wage supplement”.

21. Subsection 666(9):

After “allowance” (second occurring) insert “, disability wage supplement”.

22. Subsection 667(5):

After “allowance” (second occurring) insert “, disability wage supplement”.

23. Paragraph 671(2)(b):

After “pension” insert “or disability wage supplement”.

24. Subsection 671(2):

After “pension” insert “or disability wage supplement”.

25. After subparagraph 1133(1)(a)(v):

Insert:

“(va) disability wage supplement; or”.

SCHEDULE 1—continued

26. After subparagraph 1133(2)(a)(v):

Insert:

“(vi) disability wage supplement; or”.

27. Heading to Division 1 of Part 3.13:

Omit “(excluding rehabilitation allowance)”.

28. Section 1158:

Omit all words to and including “payable”, substitute “A social security pension is not payable”.

29. Paragraph 1159(1)(a):

Omit “pension or allowance”, substitute “social security pension”.

30. Paragraph 1159(2)(a):

Omit “pension or allowance”, substitute “social security pension”.

31. After paragraph 1163(1)(f):

Insert:

“(fa) disability wage supplement;”.

32. Subsection 1164(4):

Before “pension” (first occurring) insert “social security”.

33. Subsection 1164(5):

Before “pension” (first occurring) insert “social security”.

34. Subsection 1164(6):

Before “pension” insert “social security”.

35. After subparagraph 1187(1)(a)(iv):

Insert:

“(iva) disability wage supplement; or”.

36. Paragraph 1210(4)(a):

After “pension” insert “or disability wage supplement”.

37. Section 1210 (International Agreement Portability Rate Calculator—point 1210-B5—paragraph (a)):

After “pension” insert “or disability wage supplement”.

SCHEDULE 1—continued

38. Section 1210 (International Agreement Portability Rate Calculator—point 1210-B6—paragraph (a)):

After “pension” insert “or disability wage supplement”.

39. After paragraph 1223A(3)(i):

Insert:

“(j) section 450 (disability wage supplement);”.

40. After paragraph 1223B(2)(d):

Insert:

“(e) section 456 (disability wage supplement);”.

41. Subsection 1240(2):

Add at the end:

“; or (d) the Human Services Secretary under or in relation to this Act”.

42. Paragraph 1250(d):

After “371”, insert “, 422, 423”.

43. Section 1299:

Add at the end:

“(5) The Human Services Secretary may, by signed instrument, delegate to an officer of the Human Services Department all or any of the powers and functions of the Human Services Secretary under this Act.”.

SCHEDULE 2 Section 40

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
RELATING TO DIVISION 6 OF PART 2

PART 1—AMENDMENTS COMMENCING ON ROYAL ASSENT

1. Paragraph 101(1)(a):

Omit the paragraph, substitute:

“(a) the person is requested under section 111 or 130 to:

(i) give the Secretary a written statement of the person’s tax file number; or

(ii) apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and”.

2. Paragraph 101(1)(b):

Omit “requirement”, substitute “request”.

3. Paragraph 101(3)(a):

Omit the paragraph, substitute:

“(a) the person’s declaration states that the person has applied for a tax file number; and”.

4. After paragraph 101(3)(b):

Insert:

“(ba) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and”.

5. Paragraph 102(1)(b):

Omit “required”, substitute “requested”.

6. Paragraph 102(1)(c):

Omit “requirement”, substitute “request”.

7. Subsection 102(4):

Omit “requirement”, substitute “request”.

8. Sections 111 and 112:

Repeal the sections, substitute:

Secretary may request claimant to give statement of claimant’s tax file number

“111.(1) If a claimant for a disability support pension is in Australia, the Secretary may request but not compel the claimant:

SCHEDULE 2—continued

(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

(b) if the claimant does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

“(2) A disability support pension is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Secretary may request claimant to give statement of partner’s tax file number

“112.(1) If:

(a) a claimant for a disability support pension is a member of a couple; and

(b) the claimant’s partner is in Australia;

the Secretary may request but not compel the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

“(2) A disability support pension is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 102(4)).”.

9. Sections 130 and 131:

Repeal the sections, substitute:

Secretary may request recipient to give statement of recipient’s tax file number

“130.(1) If a recipient of a disability support pension is in Australia, the Secretary may request but not compel the recipient:

SCHEDULE 2—continued

(a) if the recipient has a tax file number—to give the Secretary a written statement of the recipient’s tax file number; or

(b) if the recipient does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the recipient’s tax file number after the Commissioner of Taxation has issued it.

“(2) A disability support pension is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Secretary may request recipient to give statement of partner’s tax file number

“131.(1) If:

(a) a disability support pension recipient is a member of a couple; and

(b) the recipient’s partner is in Australia;

the Secretary may request but not compel the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

“(2) A disability support pension is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Note 1: In some cases the request can be satisfied by giving the Secretary’ a declaration by the partner about the partner’s tax file number and an authority by the partner to the Commissioner of Taxation to give the Secretary certain information about the partner’s tax file number (see subsections 102(2) and (3)).

Note 2: The Secretary may waive the request in some cases (see subsection 102(4)).”.

10. Paragraph 150A(1)(a):

Omit the paragraph, substitute:

“(a) the woman is requested under section 155A or 171A to:

(i) give the Secretary a written statement of the woman’s tax file number; or

SCHEDULE 2—continued

(ii) apply for a tax file number and give the Secretary a written statement of the woman’s tax file number once it has been issued; and”.

11. Paragraph 150A(1)(b):

Omit “requirement”, substitute “request”.

12. Paragraph 150A(3)(a):

Omit the paragraph, substitute:

“(a) the woman’s declaration states that the woman has applied for a tax file number; and”.

13. After paragraph 150A(3)(b):

Insert:

“(ba) the Commissioner of Taxation has not told the Secretary that the woman has not applied for a tax file number; and”.

14. Paragraph 150B(1)(a):

Omit “required”, substitute “requested”.

15. Paragraph 150B(1)(b):

Omit “requirement”, substitute “request”.

16. Subsection 150B(4):

Omit “requirement”, substitute “request”.

17. Sections 155A and 155B:

Repeal the sections, substitute:

Secretary may request claimant to give statement of claimant’s tax file number

“155A.(1) If a claimant for a wife pension is in Australia, the Secretary may request but not compel the claimant:

(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

(b) if the claimant does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

SCHEDULE 2—continued

“(2) A wife pension is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Secretary may request claimant to give statement of partner’s tax file number

“ 155B.(1) If the partner of a claimant for a wife pension is in Australia, the Secretary may request but not compel the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

“(2) A wife pension is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 150B(4)).”.

18. Sections 171A and 171B:

Repeal the sections, substitute:

Secretary may request recipient to give statement of recipient’s tax file number

“171A.(1) If a recipient of a wife pension is in Australia, the Secretary may request but not compel the recipient:

(a) if the recipient has a tax file number—to give the Secretary a written statement of the recipient’s tax file number; or

(b) if the recipient does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the recipient’s tax file number after the Commissioner of Taxation has issued it.

“(2) A wife pension is not payable to a recipient if, at the end of the period of 28 days after a request is made:

SCHEDULE 2—continued

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Secretary may request recipient to give statement of partner’s tax file number

“171B.(1) If the partner of a wife pension recipient is in Australia, the Secretary may request but not compel the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

“(2) A wife pension is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 150B(4)).”.

19. Paragraph 201A(1)(a):

Omit the paragraph, substitute:

“(a) the person is requested under section 206A or 221A to:

(i) give the Secretary a written statement of the person’s tax file number; or

(ii) apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and”.

20. Paragraph 201A(1)(b):

Omit “requirement”, substitute “request”.

21. Paragraph 201A(3)(a):

Omit the paragraph, substitute:

“(a) the person’s declaration states that the person has applied for a tax file number; and”.

22. After paragraph 201A(3)(b):

Insert:

SCHEDULE 2—continued

“(ba) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and”.

23. Paragraph 201B(1)(b):

Omit “required”, substitute “requested”.

24. Paragraph 201B(1)(c):

Omit “requirement”, substitute “request”.

25. Subsection 201B(4):

Omit “requirement”, substitute “request”.

26. Sections 206A and 206B:

Repeal the sections, substitute:

Secretary may request claimant to give statement of claimant’s tax file number

“206A.(1) The Secretary may request but not compel a claimant for a carer pension:

(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

(b) if the claimant does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

“(2) A carer pension is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Secretary may request claimant to give statement of partner’s tax file number

“206B.(1) If:

(a) a claimant for a carer pension is a member of a couple; and

SCHEDULE 2—continued

(b) the claimant’s partner is in Australia;

the Secretary may request but not compel the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

“(2) A carer pension is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 201B(4)).”.

27. Sections 221A and 221B:

Repeal the sections, substitute:

Secretary may request recipient to give statement of recipient’s tax file number

“221A.(1) The Secretary may request but not compel a recipient of a carer pension:

(a) if the recipient has a tax file number—to give the Secretary a written statement of the recipient’s tax file number; or

(b) if the recipient does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the recipient’s tax file number after the Commissioner of Taxation has issued it.

“(2) A carer pension is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Secretary may request recipient to give statement of partner’s tax file number

“221B.(1) If:

SCHEDULE 2—continued

(a) a carer pension recipient is a member of a couple; and

(b) the recipient’s partner is in Australia;

the Secretary may request but not compel the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

“(2) A carer pension is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 201B(4)).”.

28. Paragraph 257A(1)(a):

Omit the paragraph, substitute:

“(a) the person is requested under section 265A or 283A to:

(i) give the Secretary a written statement of the person’s tax file number; or

(ii) apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and”.

29. Paragraph 257A(1)(b):

Omit “requirement”, substitute “request”.

30. Paragraph 257A(3)(a):

Omit the paragraph, substitute:

“(a) the person’s declaration states that the person has applied for a tax file number; and”.

31. After paragraph 257A(3)(b):

Insert:

“(ba) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and”.

32. Paragraph 257B(1)(b):

Omit “required”, substitute “requested”.

33. Paragraph 257B(1)(c):

Omit “requirement”, substitute “request”.

SCHEDULE 2—continued

34. Subsection 257B(4):

Omit “requirement”, substitute “request”.

35. Sections 265A and 265B:

Repeal the sections, substitute:

Secretary may request claimant to give statement of claimant’s tax file number

“265A.(1) If a claimant for a sole parent pension is in Australia, the Secretary may request but not compel the claimant:

(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

(b) if the claimant does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

“(2) A sole parent pension is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Secretary may request claimant to give statement of partner’s tax file number

“265B.(1) If:

(a) a claimant for a sole parent pension is a member of a couple; and

(b) the claimant’s partner is in Australia;

the Secretary may request but not compel the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

“(2) A sole parent pension is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

SCHEDULE 2—continued

Note 2: The Secretary may waive the request in some cases (see subsection 257B(4)).”.

36. Sections 283A and 283B:

Repeal the sections, substitute:

Secretary may request recipient to give statement of recipient’s tax file number

“283A.(1) If a recipient of a sole parent pension is in Australia, the Secretary may request the recipient:

(a) if the recipient has a tax file number—to give the Secretary a written statement of the recipient’s tax file number; or

(b) if the recipient does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the recipient’s tax file number after the Commissioner of Taxation has issued it.

“(2) A sole parent pension is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Secretary may request recipient to give statement of partner’s tax file number

“283B.(1) If:

(a) a sole parent pension recipient is a member of a couple; and

(b) the recipient’s partner is in Australia;

the Secretary may request but not compel the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

“(2) A sole parent pension is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

SCHEDULE 2—continued

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 257B(4)).”.

37. Paragraph 320A(1)(a):

Omit the paragraph, substitute:

“(a) the person is requested under section 325A or 340A to:

(i) give the Secretary a written statement of the person’s tax file number; or

(ii) apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and”.

38. Paragraph 320A(1)(b):

Omit “requirement”, substitute “request”.

39. Paragraph 320A(3)(a):

Omit the paragraph, substitute:

“(a) the person’s declaration states that the person has applied for a tax file number; and”.

40. After paragraph 320A(3)(b):

Insert:

“(ba) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and”.

41. Section 325A:

Repeal the section, substitute:

Secretary may request claimant to give statement of claimant’s tax file number

“325A.(1) If a claimant for a widowed person allowance is in Australia, the Secretary may request but not compel the claimant:

(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

(b) if the claimant does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

SCHEDULE 2—continued

(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

“(2) A widowed person allowance is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

42. Section 340A:

Repeal the section, substitute:

Secretary may request recipient to give statement of recipient’s tax file number

“340A.(1) If a recipient of a widowed person allowance is in Australia, the Secretary may request but not compel the recipient:

(a) if the recipient has a tax file number—to give the Secretary a written statement of the recipient’s tax file number; or

(b) if the recipient does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the recipient’s tax file number after the Commissioner of Taxation has issued it.

“(2) A widowed person allowance is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

43. Paragraph 367A(1)(a):

Omit the paragraph, substitute:

“(a) the person is requested under section 372A or 388A to:

(i) give the Secretary a written statement of the person’s tax file number; or

SCHEDULE 2—continued

(ii) apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and”.

44. Paragraph 367A(1)(b):

Omit “requirement”, substitute “request”.

45. Paragraph 367A(3)(a):

Omit the paragraph, substitute:

“(a) the person’s declaration states that the person has applied for a tax file number; and”.

46. After paragraph 367A(3)(b):

Insert:

“(ba) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and”.

47. Section 372A:

Repeal the section, substitute:

Secretary may request claimant to give statement of claimant’s tax file number

“372A.(1) If a claimant for a widow B pension is in Australia, the Secretary may request but not compel the claimant:

(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

(b) if the claimant does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

“(2) A widow B pension is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

SCHEDULE 2—continued

48. Section 388A:

Repeal the section, substitute:

Secretary may request recipient to give statement of recipient’s tax file number

“388A.(1) If a recipient of a widow B pension is in Australia, the Secretary may request but not compel the recipient:

(a) if the recipient has a tax file number—to give the Secretary a written statement of the recipient’s tax file number; or

(b) if the recipient does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the recipient’s tax file number after the Commissioner of Taxation has issued it.

“(2) A widow B pension is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

49. Subsection 527(1):

Omit the subsection (except the Notes), substitute:

“(1) A job search allowance is not payable to a person if:

(a) the person is requested under section 554B or 572A to:

(i) give the Secretary a written statement of the person’s tax file number; or

(ii) apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and

(b) at the end of the period of 28 days after the request is made, the person has neither:

(i) given the Secretary a written statement of the person’s tax file number; nor

(ii) given the Secretary an employment declaration and satisfied either subsection (2) or (3).”.

SCHEDULE 2—continued

50. Subsection 527(1) (Notes 1 and 2):

Omit “require”, substitute “request”.

51. Paragraph 527(3)(a):

Omit the paragraph, substitute:

“(a) the person’s declaration states that the person has applied for a tax file number; and”.

52. After paragraph 527(3)(b):

Insert:

“(ba) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and”.

53. Paragraph 528(1)(b):

Omit “required”, substitute “requested”.

54. Paragraph 528(1)(c):

Omit “requirement”, substitute “request”.

55. Subsection 528(4):

Omit “requirement”, substitute “request”.

56. Sections 554B and 555:

Repeal the sections, substitute:

Secretary may request claimant to give statement of claimant’s tax file number

“554B.(1) The Secretary may request but not compel a claimant for job search allowance:

(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

(b) if the claimant does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

“(2) A job search allowance is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

SCHEDULE 2—continued

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Secretary may request claimant to give statement of partner’s tax file number

“555.(1) If:

(a) a claimant for job search allowance is a member of a couple; and

(b) the claimant’s partner is in Australia;

the Secretary may request but not compel the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

“(2) A job search allowance is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 528(4)).”.

57. Sections 572A and 573:

Repeal the sections, substitute:

Secretary may request recipient to give statement of recipient’s tax file number

“572A.(1) The Secretary may request but not compel a recipient of job search allowance:

(a) if the recipient has a tax file number—to give the Secretary a written statement of. the recipient’s tax file number; or

(b) if the recipient does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the recipient’s tax file number after the Commissioner of Taxation has issued it.

“(2) A job search allowance is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

SCHEDULE 2—continued

Secretary may request recipient to give statement of partner’s tax file number

“573.(1) If:

(a) a job search allowance recipient is a member of a couple; and

(b) the recipient’s partner is in Australia;

the Secretary may request but not compel the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

“(2) A job search allowance is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 528(4)).”.

58. Subsection 609(1):

Omit the subsection, substitute:

“(1) A newstart allowance is not payable to a person if:

(a) the person is requested under section 638B or 655A to:

(i) give the Secretary a written statement of the person’s tax file number; or

(ii) apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and

(b) at the end of the period of 28 days after the request is made, the person has neither:

(i) given the Secretary a written statement of the person’s tax file number; nor

(ii) given the Secretary an employment declaration and satisfied either subsection (2) or (3).”.

59. Subsection 609(1) (Notes 1 and 2):

Omit “require”, substitute “request”.

60. Paragraph 609(3)(a):

Omit the paragraph, substitute:

“(a) the person’s declaration states that the person has applied for a tax file number; and”.

SCHEDULE 2—continued

61. After paragraph 609(3)(b):

Insert:

“(ba) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and”.

62. Paragraph 610(1)(b):

Omit “required”, substitute “requested”.

63. Paragraph 610(1)(c):

Omit “requirement”, substitute “request”.

64. Subsection 610(4):

Omit “requirement”, substitute “request”.

65. Sections 638B and 639:

Repeal the sections, substitute:

Secretary may request claimant to give statement of claimant’s tax file number

“638B.(1) The Secretary may request but not compel a claimant for newstart allowance:

(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

(b) if the claimant does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

“(2) A newstart allowance is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Secretary may request claimant to give statement of partner’s tax file number

“639.(1) If:

(a) a claimant for newstart allowance is a member of a couple; and

(b) the claimant’s partner is in Australia;

SCHEDULE 2—continued

the Secretary may request but not compel the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

“(2) A newstart allowance is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 610(4)).”.

66. Sections 655A and 656:

Repeal the sections, substitute:

Secretary may request recipient to give statement of recipient’s tax file number

“655A.(1) The Secretary may request but not compel a recipient of newstart allowance:

(a) if the recipient has a tax file number—to give the Secretary a written statement of the recipient’s tax file number; or

(b) if the recipient does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the recipient’s tax file number after the Commissioner of Taxation has issued it.

“(2) A newstart allowance is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Secretary may request recipient to give statement of partner’s tax file number

“656.(1) If:

(a) a newstart allowance recipient is a member of a couple; and

(b) the recipient’s partner is in Australia;

the Secretary may request but not compel the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

SCHEDULE 2—continued

“(2) A newstart allowance is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 610(4)).”.

67. Paragraph 660XCD(1)(a):

Omit the paragraph, substitute:

“(a) the person is requested under section 660XDF or 660XIA to:

(i) give the Secretary a written statement of the person’s tax file number; or

(ii) apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and”.

68. Paragraph 660XCD(1)(b):

Omit “requirement”, substitute “request”.

69. Paragraph 660XCD(3)(a):

Omit the paragraph, substitute:

“(a) the person’s declaration states that the person has applied for a tax file number; and”.

70. After paragraph 660XCD(3)(b):

Insert:

“(ba) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and”.

71. Paragraph 660XCE(1)(b):

Omit “required”, substitute “requested”.

72. Paragraph 660XCE(1)(c):

Omit “requirement”, substitute “request”.

73. Subsection 660XCE(4):

Omit “requirement”, substitute “request”.

SCHEDULE 2—continued

74. Paragraph 660XCL(1)(a):

Omit the paragraph, substitute:

“(a) the person is requested under section 660XDF or 660XIA to:

(i) give the Secretary a written statement of the person’s tax file number; or

(ii) apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and”.

75. Paragraph 660XCL(1)(b):

Omit “requirement”, substitute “request”.

76. Paragraph 660XCL(3)(a):

Omit the paragraph, substitute:

“(a) the person’s declaration states that the person has applied for a tax file number; and”.

77. After paragraph 660XCL(3)(b):

Insert:

“(ba) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and”.

78. Paragraph 660XCM(1)(a):

Omit “required”, substitute “requested”.

79. Paragraph 660XCM(1)(b):

Omit “requirement”, substitute “request”.

80. Subsection 660XCM(4):

Omit “requirement”, substitute “request”.

81. Sections 660XDF and 660XDG:

Repeal the sections, substitute:

Secretary may request claimant to give statement of claimant’s tax file number

“660XDF.(1) If a claimant for mature age allowance or mature age partner allowance is in Australia, the Secretary may request but not compel the claimant:

(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

SCHEDULE 2—continued

(b) if the claimant does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

“(2) A mature age allowance or a mature age partner allowance is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Secretary may request claimant to give statement of partner’s tax file number

Claimant for mature age allowance

“660XDG.(1) If:

(a) a claimant for mature age allowance is a member of a couple; and

(b) the claimant’s partner is in Australia;

the Secretary may request but not compel the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

Claimant for mature age partner allowance

“(2) The Secretary may request but not compel a claimant for mature age partner allowance to give the Secretary a written statement of the tax file number of the claimant’s partner if the partner is in Australia.

“(3) A mature age allowance or a mature age partner allowance is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

SCHEDULE 2—continued

Note 2: The Secretary may waive the request in some cases (see subsections 660XCE(4) and 660XCM(4)).”.

82. Sections 660XIA and 660XIB:

Repeal the sections, substitute:

Secretary may request recipient to give statement of recipient’s tax file number

“660XIA.(1) If a recipient of mature age allowance or mature age partner allowance is in Australia, the Secretary may request but not compel the recipient:

(a) if the recipient has a tax file number—to give the Secretary a written statement of the recipient’s tax file number; or

(b) if the recipient does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the recipient’s tax file number after the Commissioner of Taxation has issued it.

“(2) A mature age allowance or a mature age partner allowance is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Secretary may request recipient to give statement of partner’s tax file number

Mature age allowance recipient

“660XIB.(1) If:

(a) a mature age allowance recipient is a member of a couple; and

(b) the recipient’s partner is in Australia;

the Secretary may request but not compel the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

Mature age partner allowance recipient

“(2) The Secretary may request but not compel a recipient of mature age partner allowance to give the Secretary a written statement of the tax file number of the recipient’s partner if the partner is in Australia.

SCHEDULE 2—continued

“(3) A mature age allowance or a mature age partner allowance is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsections 660XCE(4) and 660XCM(4)).”.

83. Subsection 678(1):

Omit the subsection (except the Notes), substitute:

“(1) A sickness allowance is not payable to a person if:

(a) the person is requested under section 704B or 725A to:

(i) give the Secretary a written statement of the person’s tax file number; or

(ii) apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and

(b) at the end of the period of 28 days after the request is made, the person has neither:

(i) given the Secretary a written statement of the person’s tax file number; nor

(ii) given the Secretary an employment declaration and satisfied either subsection (2) or (3).”.

84. Subsection 678(1) (Notes 1 and 2):

Omit “require”, substitute “request”.

85. Paragraph 678(3)(a):

Omit the paragraph, substitute:

“(a) the person’s declaration states that the person has applied for a tax file number; and”.

86. After paragraph 678(3)(b):

Insert:

“(ba) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and”.

SCHEDULE 2—continued

87. Paragraph 679(1)(b):

Omit “required”, substitute “requested”.

88. Paragraph 679(1)(c):

Omit “requirement”, substitute “request”.

89. Subsection 679(4):

Omit “requirement”, substitute “request”.

90. Sections 704B and 705:

Repeal the sections, substitute:

Secretary may request claimant to give statement of claimant’s tax file number

“704B.(1) The Secretary may request but not compel a claimant for sickness allowance:

(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

(b) if the claimant does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

“(2) A sickness allowance is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Secretary may request claimant to give statement of partner’s tax file number

“705.(1) If:

(a) a claimant for sickness allowance is a member of a couple; and

(b) the claimant’s partner is in Australia;

the Secretary may request but not compel the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

“(2) A sickness allowance is not payable to a claimant if, at the end of the period of 28 days after a request is made:

SCHEDULE 2—continued

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 679(4)).”.

91. Sections 725A and 726:

Repeal the sections, substitute:

Secretary may request recipient to give statement of recipient’s tax file number

“725A.(1) The Secretary may request but not compel a recipient of sickness allowance:

(a) if the recipient has a tax file number—to give the Secretary a written statement of the recipient’s tax file number; or

(b) if the recipient does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the recipient’s tax file number after the Commissioner of Taxation has issued it.

“(2) A sickness allowance is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Secretary may request recipient to give statement of partner’s tax file number

“726.(1) If:

(a) a sickness allowance recipient is a member of a couple; and

(b) the recipient’s partner is in Australia;

the Secretary may request but not compel the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

“(2) A sickness allowance is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

SCHEDULE 2—continued

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 679(4)).”.

92. Paragraph 734A(1)(a):

Omit the paragraph, substitute:

“(a) the person is requested under section 742A or 758A to:

(i) give the Secretary a written statement of the person’s tax file number; or

(ii) apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and”.

93. Paragraph 734A(1)(b):

Omit “requirement”, substitute “request”.

94. Paragraph 734A(3)(a):

Omit the paragraph, substitute:

“(a) the person’s declaration states that the person has applied for a tax file number; and”.

95. After paragraph 734A(3)(b):

Insert:

“(ba) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and”.

96. Paragraph 734B(1)(b):

Omit “required”, substitute “requested”.

97. Paragraph 734B(1)(c):

Omit “requirement”, substitute “request”.

98. Subsection 734B(4):

Omit “requirement”, substitute “request”.

99. Sections 742A and 742B:

Repeal the sections, substitute:

SCHEDULE 2—continued

Secretary may request claimant to give statement of claimant’s tax file number

“742A.(1) The Secretary may request but not compel a claimant for special benefit:

(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

(b) if the claimant does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

“(2) A special benefit is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Secretary may request claimant to give statement of partner’s tax file number

“742B.(1) If:

(a) a claimant for special benefit is a member of a couple; and

(b) the claimant’s partner is in Australia;

the Secretary may request but not compel the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

“(2) A special benefit is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 734B(4)).”.

100. Sections 758A and 758B:

Repeal the sections, substitute:

SCHEDULE 2—continued

Secretary may request recipient to give statement of recipient’s tax file number

“758A.(1) The Secretary may request but not compel a recipient of special benefit:

(a) if the recipient has a tax file number—to give the Secretary a written statement of the recipient’s tax file number; or

(b) if the recipient does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the recipient’s tax file number after the Commissioner of Taxation has issued it.

“(2) A special benefit is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Secretary may request recipient to give statement of partner’s tax file number

“758B.(1) If:

(a) a special benefit recipient is a member of a couple; and

(b) the recipient’s partner is in Australia;

the Secretary may request but not compel the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

“(2) A special benefit is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 734B(4)).”.

101. Paragraph 849(1)(a):

Omit the paragraph, substitute:

SCHEDULE 2—continued

“(a) the person is requested under section 855 to:

(i) give the Secretary a written statement of the person’s tax file number; or

(ii) apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and”.

102. Paragraph 849(1)(b):

Omit “requirement”, substitute “request”.

103. Paragraph 849(3)(a):

Omit the paragraph, substitute:

“(a) the person’s declaration states that the person has applied for a tax file number; and”.

104. After paragraph 849(3)(b):

Insert:

“(ba) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and”.

105. Paragraph 850(1)(b):

Omit “required”, substitute “requested”.

106. Paragraph 850(1)(c):

Omit “requirement”, substitute “request”.

107. Subsection 850(4):

Omit “requirement”, substitute “request”.

108. Sections 855 and 856:

Repeal the sections, substitute:

Secretary may request claimant or recipient to give statement of tax file number

“855.(1) If a claimant for, or recipient of, family payment is in Australia, the Secretary may request but not compel the person:

(a) if the person has a tax file number—to give the Secretary a written statement of the person’s tax file number; or

(b) if the person does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

SCHEDULE 2—continued

(ii) to give the Secretary a written statement of the person’s tax file number after the Commissioner of Taxation has issued it.

“(2) Family payment is not payable to a claimant or a recipient if, at the end of the period of 28 days after a request is made:

(a) the person has failed to satisfy the request; and

(b) the Secretary has not exempted the person from having to satisfy the request.

Note: In some cases the request can be satisfied by giving the Secretary a declaration by the claimant or the recipient about the person’s tax file number and an authority by the person to the Commissioner of Taxation to give the Secretary certain information about the recipient’s or the claimant’s tax file number (see subsections 849(2) and (3)).

Secretary may request claimant or recipient to give statement of partner’s tax file number

“856.(1) If:

(a) a claimant for, or recipient of, family payment is a member of a couple; and

(b) the person’s partner is in Australia;

the Secretary may request but not compel the person to give the Secretary a written statement of the tax file number of the person’s partner.

“(2) Family payment is not payable to a claimant or a recipient if, at the end of the period of 28 days after a request is made:

(a) the person has failed to satisfy the request; and

(b) the Secretary has not exempted the person from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 850(4)).”.

109. Paragraph 1039A(1)(a):

Omit the paragraph, substitute:

“(a) the person is requested under section 1042A or 1053A to:

(i) give the Secretary a written statement of the person’s tax file number; or

(ii) apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and”.

110. Paragraph 1039A(1)(b):

Omit “requirement”, substitute “request”.

SCHEDULE 2—continued

111. Paragraph 1039A(3)(a):

Omit the paragraph, substitute:

“(a) the person’s declaration states that the person has applied for a tax file number; and”.

112. After paragraph 1039A(3)(b):

Insert:

“(ba) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and”.

113. Paragraph 1039B(1)(b):

Omit “required”, substitute “requested”.

114. Paragraph 1039B(1)(c):

Omit “requirement”, substitute “request”.

115. Subsection 1039B(4):

Omit “requirement”, substitute “request”.

116. Sections 1042A and 1042B:

Repeal the sections, substitute:

Secretary may request claimant to give statement of claimant’s tax file number

“1042A.(1) The Secretary may request but not compel a claimant for mobility allowance:

(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

(b) if the claimant does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

“(2) A mobility allowance is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

SCHEDULE 2—continued

Secretary may request claimant to give statement of partner’s tax file number

“1042B.(1) If:

(a) a claimant for mobility allowance is a member of a couple; and

(b) the claimant’s partner is in Australia;

the Secretary may request but not compel the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

“(2) A mobility allowance is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 1039B(4)).”.

117. Sections 1053A and 1053B:

Repeal the sections, substitute:

Secretary may request recipient to give statement of recipient’s tax file number

“1053A.(1) The Secretary may request but not compel a recipient of mobility allowance:

(a) if the recipient has a tax file number—to give the Secretary a written statement of the recipient’s tax file number; or

(b) if the recipient does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the recipient’s tax file number after the Commissioner of Taxation has issued it.

“(2) A mobility allowance is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

SCHEDULE 2—continued

Secretary may request recipient to give statement of partner’s tax file number

“1053B.(1) If:

(a) a mobility allowance recipient is a member of a couple; and

(b) the recipient’s partner is in Australia;

the Secretary may request but not compel the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

“(2) A mobility allowance is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 1039B(4)).”.

PART 2—AMENDMENTS COMMENCING ON 20 SEPTEMBER 1994, IMMEDIATELY AFTER THE COMMENCEMENT OF PART 3 OF THE SOCIAL SECURITY (HOME CHILD CARE AND PARTNER ALLOWANCES) LEGISLATION AMENDMENT ACT 1994

118. Paragraph 771HD(1)(a):

Omit the paragraph, substitute:

“(a) the person is requested under section 771HF or 771MA to:

(i) give the Secretary a written statement of the person’s tax file number; or

(ii) apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and”.

119. Paragraph 771HD(1)(b):

Omit “requirement”, substitute “request”.

120. Paragraph 771HD(3)(a):

Omit the paragraph, substitute:

“(a) the person’s declaration states that the person has applied for a tax file number; and”.

SCHEDULE 2—continued

121. After paragraph 771HD(3)(b):

Insert:

“(ba) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and”.

122. Paragraph 771HE(1)(a):

Omit “required”, substitute “requested”.

123. Paragraph 771HE(1)(b):

Omit “requirement”, substitute “request”.

124. Subsection 771HE(4):

Omit “requirement”, substitute “request”.

125. Sections 771IF and 771IG:

Repeal the sections, substitute:

Secretary may request claimant to give statement of claimant’s tax file number

“771IF.(1) The Secretary may request but not compel a claimant for partner allowance:

(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

(b) if the claimant does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

“(2) A partner allowance is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Secretary may request claimant to give statement of partner’s tax file number

“771IG.(1) The Secretary may request but not compel a claimant for partner allowance to give the Secretary a written statement of the tax file number of the claimant’s partner if the partner is in Australia.

SCHEDULE 2—continued

“(2) A partner allowance is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 771HE(4)).”.

126. Sections 771MA and 771MB:

Repeal the sections, substitute:

Secretary may request recipient to give statement of recipient’s tax file number

“771MA.(1) The Secretary may request but not compel a recipient of partner allowance:

(a) if the recipient has a tax file number—to give the Secretary a written statement of the recipient’s tax file number; or

(b) if the recipient does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the recipient’s tax file number after the Commissioner of Taxation has issued it.

“(2) A partner allowance is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Secretary may request recipient to give statement of partner’s tax file number

“771MB.(1) The Secretary may request but not compel a recipient of partner allowance to give the Secretary a written statement of the tax file number of the recipient’s partner if the partner is in Australia.

“(2) A partner allowance is not payable to a recipient if, at the end of the period of 28 days after a request is made:

SCHEDULE 2—continued

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request,

Note 2: The Secretary may waive the request in some cases (see subsection 771HE(4)).”.

PART 3—AMENDMENTS COMMENCING ON 29 SEPTEMBER 1994, IMMEDIATELY AFTER THE COMMENCEMENT OF PART 2 OF THE SOCIAL SECURITY (HOME CHILD CARE AND PARTNER ALLOWANCES) LEGISLATION AMENDMENT ACT 1994

127. Paragraph 913(1)(a):

Omit the paragraph, substitute:

“(a) the person is requested under section 920 or 941 to:

(i) give the Secretary a written statement of the person’s tax file number; or

(ii) apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and”.

128. Paragraph 913(1)(b):

Omit “requirement”, substitute “request”.

129. Paragraph 913(3)(a):

Omit the paragraph, substitute:

“(a) the person’s declaration states that the person has applied for a tax file number; and”.

130. After paragraph 913(3)(b):

Insert:

“(ba) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and”.

131. Paragraph 914(1)(a):

Omit “required”, substitute “requested”.

132. Paragraph 914(1)(b):

Omit “requirement”, substitute “request”.

SCHEDULE 2—continued

133. Subsection 914(4):

Omit “requirement”, substitute “request”.

134. Sections 920 and 921:

Repeal the sections, substitute:

Secretary may request claimant to give statement of claimant’s tax file number

“920.(1) The Secretary may request but not compel a claimant for home child care allowance:

(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

(b) if the claimant does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

“(2) A home child care allowance is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Secretary may request claimant to give statement of partner’s tax file number

“921.(1) If the partner of a claimant for home child care allowance is in Australia, the Secretary may request but not compel the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

“(2) Home child care allowance is not payable to a claimant if, at the end of the period of 28 days after a request is made:

(a) the claimant has failed to satisfy the request; and

(b) the Secretary has not exempted the claimant from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 914(4)).”.

SCHEDULE 2—continued

135. Sections 941 and 942:

Repeal the sections, substitute:

Secretary may request recipient to give statement of recipient’s tax file number

“941.(1) The Secretary may request but not compel a recipient of home child care allowance:

(a) if the recipient has a tax file number—to give the Secretary a written statement of the recipient’s tax file number; or

(b) if the recipient does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the recipient’s tax file number after the Commissioner of Taxation has issued it.

“(2) Home child care allowance is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Secretary may request recipient to give statement of partner’s tax file number

“942.(1) If the partner of a recipient of home child care allowance is in Australia the Secretary may request but not compel the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

“(2) Home child care allowance is not payable to a recipient if, at the end of the period of 28 days after a request is made:

(a) the recipient has failed to satisfy the request; and

(b) the Secretary has not exempted the recipient from having to satisfy the request.

Note 2: The Secretary may waive the request in some cases (see subsection 914(4)).”.

SCHEDULE 3 Section 43

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO DEFERMENT PERIODS FOR JOB SEARCH ALLOWANCE AND NEWSTART ALLOWANCE

1. Subsection 23(1) (definition of “JSA automatic deferment provision”):

Omit “(job search allowance deferment provision)”, substitute “(job search allowance automatic deferment provision)”.

2. Subsection 23(1) (paragraph (b) of the definition of “JSA automatic deferment provision”):

Omit “subsection 543(3)”, substitute “subsection 546C(4)”.

3. Subsection 23(1) (paragraph (a) of the definition of “JSA discretionary deferment provision”):

Omit “subsection 543(1)”, substitute “subsection 546C(1)”.

4. Subsection 23(1) (definition of “NS allowance automatic deferment provision”):

Omit “(newstart automatic allowance deferment provision)”, substitute “(newstart allowance automatic deferment provision)”.

5. Subsection 23(1) (paragraph (d) of the definition of “NS allowance automatic deferment provision”):

Omit “subsection 627(3)”, substitute “subsection 630C(4)”.

6. Subsection 23(1) (definition of “NS discretionary deferment provision”):

After “NS”, insert “allowance”.

7. Subsection 23(1) (paragraph (a) of the definition of “NS discretionary deferment provision”):

Omit “subsection 627(1)”, substitute “subsection 630C(1)”.

8. Subsection 23(1):

Insert:

“ ‘activity test deferment period’ means:

(a) a period worked out under section 546A in relation to the application of a JSA automatic deferment provision included in Subdivision E of Division 1 of Part 2.11; or

(b) a period worked out under section 630A in relation to the application of an NS allowance automatic deferment provision included in Subdivision F of Division 1 of Part 2.12;

SCHEDULE 3—continued

and includes any period for which, as a result of the application before 4 July 1994 of an automatic deferment provision, job search allowance or newstart allowance was not payable, being a period that commenced before 4 July 1994;

‘administrative breach deferment period’ means:

(a) a period worked out under section 547A in relation to the application of a JSA automatic deferment provision included in Subdivision F of Division 1 of Part 2.11; or

(b) a period worked out under section 631A in relation to the application of an NS allowance automatic deferment provision included in Subdivision G of Division 1 of Part 2.12;

but does not include any period for which, as a result of the application before 4 July 1994 of an automatic deferment provision, job search allowance or newstart allowance was not payable, being a period that commenced before 4 July 1994;

‘discretionary deferment provision’ means:

(a) a JSA discretionary deferment provision; or

(b) an NS allowance discretionary deferment provision;”.

9. Paragraph 526(1)(i):

Omit “section 543”, substitute “section 546C”.

10. Subparagraph 526(1)(j)(ii):

Omit “section 543”, substitute “section 546C”.

11. Subdivision E of Division 1 of Part 2.11 (Heading):

Omit “recipient non-compliance”, substitute “activity test breaches”.

12. Subsection 542(1):

Omit “deferment period”, substitute “activity test deferment period”.

13. Subsections 542(3), (4), (5) and (6):

Omit the subsections.

14. Section 542:

Add at the end the following note:

“Note: See section 546A for the length of activity test deferment periods and section 546B for the commencement of activity test deferment periods.”.

SCHEDULE 3—continued

15. Subsection 542A(1):

Omit “deferment period”, substitute “activity test deferment period”.

16. Subsections 542A(3), (4), (5) and (6):

Omit the subsections.

17. Section 542A:

Add at the end the following note:

“Note: See section 546A for the length of activity test deferment periods and section 546B for the commencement of activity test deferment periods.”.

18. Subsection 542B(1):

Omit “deferment period”, substitute “activity test deferment period”.

19. Subsections 542B(3), (4), (5) and (6):

Omit the subsections.

20. Section 542B:

Add at the end the following note:

“Note: See section 546A for the length of activity test deferment periods and section 546B for the commencement of activity test deferment periods.”.

21. Subsection 543(4):

Omit “deferment period”, substitute “administrative breach deferment period”.

22. Subsections 543(5), (6), (7) and (8):

Omit the subsections.

23. Section 543:

(a) Renumber as section 546C and reposition at the beginning of Subdivision F.

(b) Add at the end the following note:

“Note: See section 547A for the length of administrative breach deferment periods and section 547B for the commencement of administrative breach deferment periods.”.

24. Subsection 544(1):

Omit “deferment period”, substitute “activity test deferment period”.

25. Subsections 544(2), (3), (4) and (5):

Omit the subsections.

SCHEDULE 3—continued

26. Section 544:

Add at the end the following note:

“Note: See section 546A for the length of activity test deferment periods and section 546B for the commencement of activity test deferment periods.”.

27. Subsection 545(1):

Omit “deferment period”, substitute “activity test deferment period”.

28. Subsections 545(2), (3), (4) and (5):

Omit the subsections.

29. Section 545:

Add at the end the following note:

“Note: See section 546A for the length of activity test deferment periods and section 546B for the commencement of activity test deferment periods.”.

30. Subsection 546(1):

Omit “deferment period”, substitute “activity test deferment period”.

31. Subsections 546(2), (3), (4) and (5):

Omit the subsections.

32. Section 546:

Add at the end the following note:

“Note: See section 546A for the length of activity test deferment periods and section 546B for the commencement of activity test deferment periods.”.

33. After section 546:

Insert:

Activity test deferment periods

“546A.(1) Subject to subsections (2) and (3), if an automatic deferment provision of this Subdivision applies to a person, the deferment period applicable to the person is:

(a) if, at the time the provision becomes applicable, the person’s unemployment duration is less than 12 months—2 weeks; or

(b) if, at the time the provision becomes applicable, the person’s unemployment duration is 12 months or more, but is less than 18 months—4 weeks; or

Note: For ‘automatic deferment provision’ see section 23.

SCHEDULE 3—continued

“(2) Subject to subsections (3), (4) and (5), if:

(a) an automatic deferment provision of this Subdivision applies to a person at a particular time; and

(b) one or more activity test deferment periods had applied to the person within the period of 3 years before that time:

the deferment period is 6 weeks plus:

(c) in respect of a period (if any) referred to in paragraph (b) of this subsection that was fixed under subsection (1), the number of weeks fixed under that subsection; and

(d) in respect of each other period (if any) referred to in that paragraph, a further 6 weeks.

Note: For ‘activity breach deferment period’ see section 23.

“(3) If:

(a) an automatic deferment provision of this Subdivision applies to a person at a particular time; and

(b) one or more administrative breach deferment periods had applied to the person within the period of 3 years before that time;

the deferment period worked out under subsection (1) or (2) is increased, in respect of each administrative breach deferment period, by:

(d) if it was worked out under subsection 547A(2)—4 weeks; or

(e) if it was worked out under subsection 547A(3)—6 weeks.

Note: For ‘administrative breach deferment period’ see section 23.

“(4) If:

(a) a period referred to in paragraph (2)(d) relates to an application of an automatic deferment provision before 4 July 1994; and

(b) that period had been a period of 2 weeks;

the number of weeks referred to in that paragraph in respect of that period is taken to be 2.

Note: For ‘automatic deferment provision’ see section 23.

“(5) If:

(a) a period referred to in paragraph (2)(d) relates to an application of an automatic deferment provision before 4 July 1994; and

(b) the number of weeks in that period had been worked out under the provision by taking into account one previous application of that or any other automatic deferment provision;

SCHEDULE 3—continued

the number of weeks referred to in that paragraph in respect of that period is taken to be 4.

Note: For ‘automatic deferment provision’ see section 23.

“(6) A reference in subsection (1) to a person’s unemployment duration is a reference to the period during which the person has been continuously receiving a job search allowance.

“(7) For the purposes of subsection (6), if the person:

(a) is receiving a job search allowance; and

(b) ceases for a period of not longer than 6 weeks to receive the allowance; and

the person is taken to have been continuously receiving the allowance during that period.

“(8) For the purposes of subsection (6), if the person:

(a) is receiving a job search allowance; and

(b) as a result of the application of an automatic deferment provision or a discretionary deferment provision, ceases for a period to receive the allowance; and

the person is taken to have been continuously receiving the allowance during that period.

Note: For ‘automatic deferment provision’ and ‘discretionary deferment provision’ see section 23.

Commencement of activity test deferment periods

“546B.(1) The Secretary may determine in writing the day on which an activity test deferment period commences.

Note: For ‘activity test deferment period’ see section 23.

“(2) An activity test deferment period may not commence before the day the person to whom the period applies:

(a) has been notified in writing of the determination; and

(b) following receipt of that notice, has received two instalments of job search allowance as if no determination had been made.

“(3) Where:

(a) the Secretary has made a determination under subsection 546B(1);

then for the purposes of Subdivision E of Part 2.11 and despite any other provision in that Subdivision:

(b) the person remains qualified for job search allowance until the person:

SCHEDULE 3—continued

(i) has been notified in writing of the determination; and

(ii) following receipt of that notice has received two instalments of job search allowance.

“(4) If the person to whom the period applies is subject to a waiting period, the Secretary must not determine a day that occurs before or during the waiting period.

Note: For ‘waiting period’ see section 23.

“(5) A reference in subsection (4) to a waiting period includes a reference to a liquid assets test waiting period under section 519.”.

34. Before section 547:

Insert:

“Subdivision F—Situations where allowance not payable (administrative breaches)”.

35. Subsection 547(1):

Omit “deferment period”, substitute “administrative breach deferment period”.

36. Subsections 547(3), (4), (5) and (6):

Omit the subsections.

37. Section 547:

Add at the end the following note:

“Note: See section 547A for the length of administrative breach deferment periods and section 547B for the commencement of administrative breach deferment periods.”.

38. After section 547:

Insert:

Administrative breach deferment periods

“547A.(1) Subject to subsections (2), (3) and (4), if an automatic deferment provision of this Subdivision applies to a person, the deferment period applicable to the person is 2 weeks.

Note: For ‘automatic deferment provision’ see section 23.

“(2) Subject to subsection (4), if:

(a) subsection (1) applies to a person at a particular time; and

(b) on one occasion only within the period of 3 years before that time, an administrative breach deferment period applied to the person;

the deferment period is 6 weeks.

Note: For ‘administrative breach deferment period’ see section 23.

SCHEDULE 3—continued

“(3) Subject to subsection (4), if:

(a) an automatic deferment provision of this Subdivision applies to a person at a particular time; and

(b) an administrative breach deferment period applied to the person on 2 or more occasions within the period of 3 years before that time;

the deferment period is 6 weeks plus 6 weeks for each occasion referred to in paragraph (b) after the first.

Note: For ‘administrative breach deferment period’ see section 23.

“(4) If:

(a) an automatic deferment provision of this Subdivision applies to a person at a particular time; and

(b) one or more activity test deferment periods had applied to the person within the period of 3 years before that time;

the deferment period worked out under subsection (1), (2) or (3) is increased, in respect of each activity test deferment period, by:

(d) if it was worked out under paragraph 546A(1)(b)—4 weeks; or

(e) if it was worked out under paragraph 546A(1)(c) or subsection 546A(2)—6 weeks.

Note: For ‘activity test deferment period’ see section 23.

Commencement of administrative breach deferment periods

“547B.(1) The Secretary may determine in writing the day on which an administrative breach deferment period commences.

Note: For ‘administrative breach deferment period’ see section 23.

“(2) An administrative breach deferment period may not commence before the day the person to whom the period applies:

(a) has been notified in writing of the determination; and

(b) following receipt of that notice, has received two instalments of job search allowance as if no determination had been made.

“(3) Where:

(a) the Secretary has made a determination under subsection 547B(1);

then for the purposes of Subdivision E of Part 2.11 and despite any other provision in that Subdivision:

(b) the person remains qualified for job search allowance until the person:

(i) has been notified in writing of the determination; and

SCHEDULE 3—continued

(ii) following receipt of that notice has received two instalments of job search allowance.

“(4) If the person to whom the period applies is subject to a waiting period, the Secretary must not determine a day that occurs before or during the waiting period.

Note: For ‘waiting period’ see section 23.

“(5) A reference in subsection (4) to a waiting period includes a reference to a liquid assets test waiting period under section 519.”.

39. Before section 548:

Insert:

“Subdivision G—Situations where allowance not payable (other recipient non-compliance)”.

40. Paragraph 608(1)(i):

Omit “section 627”, substitute “section 630C”.

41. Subparagraph 608(1)(j)(iv):

Omit “section 677”, substitute “section 630C”.

42. Subparagraph 608(1)(j)(v):

After “of the person” insert “(see section 628)”.

43. Subdivision F of Division 1 of Part 2.12 (Heading):

Omit “recipient non-compliance”, substitute “activity test breaches”.

44. Subsection 624(1):

Omit “deferment period”, substitute “activity test deferment period”.

45. Subsections 624(3), (4), (5) and (6):

Omit the subsections.

46. Section 624:

Add at the end the following note:

“Note: See section 630A for the length of activity test deferment periods and section 630B for the commencement of activity test deferment periods.”.

47. Subsection 625(1):

Omit “deferment period”, substitute “activity test deferment period”.

SCHEDULE 3—continued

48. Subsections 625(3), (4), (5) and (6):

Omit the subsections.

49. Section 625:

Add at the end the following note:

“Note: See section 630A for the length of activity test deferment periods and section 630B for the commencement of activity test deferment periods.”.

50. Subsection 626(1):

Omit “deferment period”, substitute “activity test deferment period”.

51. Subsections 626(3), (4), (5) and (6):

Omit the subsections.

52. Section 626:

Add at the end the following note:

“Note: See section 630A for the length of activity test deferment periods and section 630B for the commencement of activity test deferment periods.”.

53. Subsection 627(4):

Omit “deferment period”, substitute “administrative breach deferment period”.

54. Subsections 627(5), (6), (7) and (8):

Omit the subsections.

55. Section 627:

(a) Renumber as section 630C and reposition at the beginning of Subdivision G.

(b) Add at the end the following note:

“Note: See section 631A for the length of administrative breach deferment periods and section 631B for the commencement of administrative breach deferment periods.”.

56. Subsection 628(1):

Omit “deferment period”, substitute “activity test deferment period”.

57. Subsections 628(2), (3), (4) and (5):

Omit the subsections.

58. Section 628:

Add at the end the following note:

“Note: See section 630A for the length of activity test deferment periods and section 630B for the commencement of activity test deferment periods.”.

SCHEDULE 3—continued

59. Subsection 629(1):

Omit “deferment period”, substitute “activity test deferment period”.

60. Subsections 629(2), (3), (4) and (5):

Omit the subsections.

61. Section 629:

Add at the end the following note:

“Note: See section 630A for the length of activity test deferment periods and section 630B for the commencement of activity test deferment periods.”.

62. Subsection 630(1):

Omit “deferment period”, substitute “activity test deferment period”.

63. Subsections 630(2), (3), (4) and (5):

Omit the subsections.

64. Section 630:

Add at the end the following note:

“Note: See section 630A for the length of activity test deferment periods and section 630B for the commencement of activity test deferment periods.”.

65. After section 630:

Insert:

Activity test deferment periods

“630A.(1) Subject to subsections (2) and (3), if an automatic deferment provision of this Subdivision applies to a person, the deferment period applicable to the person is:

(a) if, at the time the provision becomes applicable, the person’s unemployment duration is less than 12 months—2 weeks; or

(b) if, at the time the provision becomes applicable, the person’s unemployment duration is 12 months or more, but is less than 18 months—4 weeks; or

Note: For ‘automatic deferment provision’ see section 23.

“(2) Subject to subsections (3) and (4), if:

(a) an automatic deferment provision of this Subdivision applies to a person at a particular time; and

SCHEDULE 3—continued

(b) one or more activity test deferment periods had applied to the person within the period of 3 years before that time:

the deferment period is 6 weeks plus:

(c) in respect of a period (if any) referred to in paragraph (b) of this subsection that was fixed under subsection (1), the number of weeks fixed under that subsection; and

(d) in respect of each other period (if any) referred to in that paragraph, a further 6 weeks.

Note: For ‘activity test deferment period’ see section 23.

“(3) If:

(a) an automatic deferment provision of this Subdivision applies to a person at a particular time; and

(b) one or more administrative breach deferment periods had applied to the person within the period of 3 years before that time;

the deferment period worked out under subsection (1) or (2) is increased, in respect of each administrative breach deferment period, by:

(d) if it was worked out under subsection 631A(2)—4 weeks; or

(e) if it was worked out under subsection 631A(3)—6 weeks.

Note: For ‘administrative breach deferment period’ see section 23.

“(4) If:

(a) a period referred to in paragraph (2)(d) relates to an application of an automatic deferment provision before 4 July 1994; and

(b) that period had been a period of 2 weeks;

the number of weeks referred to in that paragraph in respect of that period is taken to be 2.

Note: For ‘automatic deferment provision’ see section 23.

“(5) If:

(a) a period referred to in paragraph (2)(d) relates to an application of an automatic deferment provision before 4 July 1994; and

(b) the number of weeks in that period had been worked out under the provision by taking into account one previous application of that or any other automatic deferment provision;

the number of weeks referred to in that paragraph in respect of that period is taken to be 4.

Note: For ‘automatic deferment provision’ see section 23.

SCHEDULE 3—continued

“(6) A reference in subsection (1) to a person’s unemployment duration is a reference to the period during which the person has been continuously receiving:

(a) a newstart allowance; or

(b) a job start allowance followed by a newstart allowance.

“(7) For the purposes of subsection (6), if the person:

(a) is receiving a job search allowance; and

(b) ceases for a period of not longer than 6 weeks to receive the allowance; and

the person is taken to have been continuously receiving the allowance during that period.

“(8) For the purposes of subsection (6), if the person:

(a) is receiving a job search allowance; and

(b) ceases for a period of not longer than 13 weeks to receive the allowance; and

the person is taken to have been continuously receiving the newstart allowance during that period.

“(9) For the purposes of subsection (6), if the person:

(a) is receiving a newstart allowance; and

(b) ceases for a period of not longer than 13 weeks to receive the allowance; and

the person is taken to have been continuously receiving the allowance during that period.

“(10) For the purposes of subsection (6), if the person:

(a) is receiving a job search allowance or a newstart allowance; and

(b) as a result of the application of an automatic deferment provision or a discretionary deferment provision, ceases for a period to receive the allowance; and

(c) at the end of that period starts to receive a newstart allowance, or resumes receipt of the newstart allowance, as the case may be;

the person is taken to have been continuously receiving the newstart allowance during that period.

Note: For ‘automatic deferment provision’ and ‘discretionary deferment provision’ see section 23.

SCHEDULE 3—continued

Commencement of activity test deferment periods

“630B.(1) The Secretary may determine in writing the day on which an activity test deferment period commences.

Note: For ‘activity test deferment period’ see section 23.

“(2) An activity test deferment period may not commence before the day the person to whom the period applies:

(a) has been notified in writing of the determination; and

(b) following receipt of that notice, has received two instalments of newstart allowance as if no determination had been made.

“(3) Where:

(a) the Secretary has made a determination under subsection 630B(1);

then for the purposes of Subdivision E of Part 2.12 and despite any other provision in that Subdivision:

(b) the person remains qualified for newstart allowance until the person:

(i) has been notified in writing of the determination; and

(ii) following receipt of that notice has received two instalments of newstart allowance.

“(4) If the person to whom the period applies is subject to a waiting period, the Secretary must not determine a day that occurs before or during the waiting period.

Note: For ‘waiting period’ see section 23.

“(5) A reference in subsection (4) to a waiting period includes a reference to a liquid assets test waiting period under section 598.”.

66. Before section 631:

Insert:

“Subdivision F—Situations where allowance not payable (administrative breaches)”.

67. Subsection 631(1):

Omit “deferment period”, substitute “administrative breach deferment period”.

68. Subsections 631(3), (4), (5) and (6):

Omit the subsections.

69. Section 631:

Add at the end the following note:

“Note: See section 631A for the length of administrative breach deferment periods and section 631B for the commencement of administrative breach deferment periods.”.

SCHEDULE 3—continued

70. After section 631:

Insert:

Administrative breach deferment periods

“631A.(1) Subject to subsections (2), (3) and (4), if an automatic deferment provision of this Subdivision applies to a person, the deferment period applicable to the person is 2 weeks.

Note: For ‘automatic deferment provision’ see section 23.

“(2) Subject to subsection (4), if:

(a) an automatic deferment provision of this Subdivision applies to a person at a particular time; and

(b) on one occasion only within the period of 3 years before that time, an administrative breach deferment period applied to the person;

the deferment period is 6 weeks.

Note: For ‘administrative breach deferment period’ see section 23.

“(3) Subject to subsection (4), if:

(a) an automatic deferment provision of this Subdivision applies to a person at a particular time; and

(b) an administrative breach deferment period applied to the person on 2 or more occasions within the period of 3 years before that time;

the deferment period is 6 weeks plus 6 weeks for each occasion referred to in paragraph (b) after the first.

Note: For ‘administrative breach deferment period’ see section 23.

“(4) If:

(a) an automatic deferment provision of this Subdivision applies to a person at a particular time; and

(b) one or more activity test deferment periods had applied to the person within the period of 3 years before that time;

the deferment period worked out under subsection (1), (2) or (3) is increased, in respect of each activity test deferment period, by:

(d) if it was worked out under paragraph 630A(1)(b)—4 weeks; or

(e) if it was worked out under paragraph 630A(1)(c) or subsection 630A(2)—6 weeks.

Note: For ‘activity test deferment period’ see section 23.

SCHEDULE 3—continued

Commencement of administrative breach deferment periods

“631B.(1) The Secretary may determine in writing the day on which an administrative breach deferment period commences.

Note: For ‘administrative breach deferment period’ see section 23.

“(2) An administrative breach deferment period may not commence before the day the person to whom the period applies:

(a) has been notified in writing of the determination; and

(b) following receipt of that notice, has received two instalments of newstart allowance as if no determination had been made.

“(3) Where:

(a) the Secretary has made a determination under subsection 631B(1);

then for the purposes of Subdivision E of Part 2.12 and despite any other provision in that Subdivision:

(b) the person remains qualified for newstart allowance until the person:

(i) has been notified in writing of the determination; and

(ii) following receipt of that notice has received two instalments of newstart allowance.

“(4) If the person to whom the period applies is subject to a waiting period, the Secretary must not determine a day that occurs before or during the waiting period.

Note: For ‘waiting period’ see section 23.

“(5) A reference in subsection (4) to a waiting period includes a reference to a liquid assets test waiting period under section 598.”.

71. Before section 632:

Insert:

“Subdivision G—Situations where allowance not payable (other recipient non-compliance)”.

72. Subparagraph 729(2)(d)(i):

Omit “subsection 543(3) or 627(3)”, substitute “subsection 546C(4) or 630C(4)”.

73. Schedule 1A:

Add at the end:

Transitional provision for job search allowance and newstart allowance deferment periods in force on 1 July 1994

“70. If:

SCHEDULE 3—continued

(a) as a result of the application before 4 July 1994 of an automatic deferment period, a job search allowance or newstart allowance ceased to be payable for a period commencing before 4 July 1994; and

(b) that period was still continuing immediately before 4 July 1994;

the automatic deferment provision, as in force immediately before 4 July 1994, continues to apply in relation to the period until, in accordance with that provision, the period ceases.

Saving of job search allowance and newstart allowance deferment determinations

“71.(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.”.

SCHEDULE 4 Section 46

TECHNICAL AMENDMENTS OF THE SOCIAL SECURITY
ACT 1991

PART 1—AMENDMENTS RELATING TO PARTNER
ALLOWANCE

1. Paragraph 771HC(1)(f):

Add at the end “(see section 771HL)”.

2. Subsection 771HN(1):

Omit “subsections (2) and (3)”, substitute “subsections (2), (3) and (4)”.

3. Section 771NX:

Omit “pay day” (wherever occurring), substitute “payday”.

4. Section 1067 (Benefit Rate Calculator A—point 1067-H11—Table H-2—item 2):

Omit the item.

5. Section 1067 (Benefit Rate Calculator A—point 1067-H11—Table H-2—item 3—column 2):

Omit “—no additional amount for partner”.

6. Section 1067 (Benefit Rate Calculator A—point 1067-H11—Note 2):

Omit the Note.

7. Subsection 1163(5):

(a) Insert “and partner allowance” after “sickness allowance”.

(b) Add at the end:

“Note 2: Subsection (10) limits the effect of this Part on partner allowance.”.

PART 2—AMENDMENTS RELATING TO HOME CHILD CARE ALLOWANCE

8. Paragraph 908(c):

Omit “subsection 912(1)”, substitute “section 912”.

9. Paragraph 908(d):

Omit “subsection 912(2)”, substitute “section 912A”.

SCHEDULE 4—continued

10. Section 928:

Omit “per annum”, substitute “a year”.

11. Section 938 (Note):

Omit “912(1)”, substitute “912”.

NOTES

Social Security Act 1991

1. No. 46, 1991, as amended. For previous amendments, see Nos. 68, 69, 70, 73, 74, 115, 116, 141, 175, 194 and 208, 1991; Nos. 12, 69, 81, 94, 118, 133, 134, 138, 228, 229, 230, 233 and 241, 1992; Nos. 25, 36, 61, 120 and 121, 1993; and Nos. 55 and 63, 1994.

Data-matching Program (Assistance and Tax) Act 1990

2. No. 20, 1991, as amended. For previous amendments, see Nos. 115, 175 and 194, 1991; Nos. 81, 138, 205 and 229, 1992; No. 121, 1993; and No. 55, 1994.

Veterans’ Entitlements Act 1986

3. No. 27, 1986, as amended. For previous amendments, see No. 106, 1986 (as amended by Nos. 78 and 130, 1987); No. 130, 1986; No. 78, 1987 (as amended by No. 164, 1989); No. 88, 1987; No. 130, 1987 (as amended by No. 133, 1988); No. 13, 1988 (as amended by No. 83, 1989; and No. 73, 1991); Nos. 35 and 79, 1988; No. 134, 1988 (as amended by No. 164, 1989); No. 135, 1988 (as amended by Nos. 84 and 164, 1989; and No. 73, 1991); Nos. 59, 83, 84, 93 and 163, 1989; No. 164, 1989 (as amended by No. 56, 1990; and No. 73, 1991); Nos. 59, 83, 84, 93, 163, 1989; No. 164, 1989 (as amended by No. 56, 1990; and No. 73, 1991); Nos. 56, 84 and 119, 1990; No. 2, 1991 (as amended by No. 73, 1991); No. 72, 1991; No. 73, 1991 (as amended by No. 74, 1991); Nos. 74, 122, 175 and 208, 1991; Nos. 12, 51, 70, 94 and 228, 1992; Nos. 27, 36 and 121, 1993; and Nos. 78 and 98, 1994.

Farm Household Support Act 1992

4. No. 241, 1992.

NOTE ABOUT SUBSECTION HEADING IN THE SOCIAL SECURITY ACT 1991

1. On 20 March 1994, immediately after the commencement of Division 2 of Part 2 of the Social Security (Budget and Other Measures) Legislation Amendment Act 1993, the following heading to subsection 660XBA(2) is inserted:

“Exemption from satisfying paragraphs (1)(c) and (d)”.

[Minister’s second reading speech made in—

House of Representatives on 11 May 1994

Senate on 12 May 1994]