Federal Register of Legislation - Australian Government

Primary content

Act No. 57 of 1996 as made
An Act to amend the law relating to social security, and for related purposes
Administered by: Education, Employment and Workplace Relations; Families, Housing, Community Services and Indigenous Affairs
Originating Bill: Social Security Legislation Amendment Bill (No. 1) 1996
Date of Assent 20 Nov 1995
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 57, 1996

Making Information
- Assented to 20 November 1995

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 57, 1996 - TABLE OF PROVISIONS

Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1-Amendment of the Social Security Act 1991
relating to amounts received from the
Mark Fitzpatrick Trust
Schedule 2-Amendment of the Social Security Act 1991
relating to mature age partner allowance
Schedule 3-Amendment of the Social Security Act 1991
to continue the effect of certain saving provisions
Schedule 4-Amendment of the Social Security Act 1991
relating to Pension Rate Calculator A

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 57, 1996 - LONG TITLE

An Act to amend the law relating to social security,
and for related purposes

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 57, 1996 - SECT 1
1 Short title

This Act may be cited as the Social Security Legislation Amendment Act (No. 1) 1996.


(Minister's second reading speech made in-
House of Representatives on 9 October 1996
Senate on 14 November 1996)

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 57, 1996 - SECT 2
2 Commencement

(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.


(2) Item 1 of Schedule 3 is taken to have commenced on 1 January 1996, immediately after the commencement of Schedule 2 to the Social Security Legislation Amendment (Family Measures) Act 1995.


(3) Schedule 4 is taken to have commenced on 1 January 1993, immediately after the commencement of the Social Security (Family Payment) Amendment Act 1992.

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 57, 1996 - SECT 3
3 Schedule(s)

Subject to section 2, each Act specified in a Schedule to this Act is amended in accordance with the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 57, 1996 - SCHEDULE 1

Schedule 1-Amendment of the Social Security Act 1991
relating to amounts received from the
Mark Fitzpatrick Trust
1 After section 1118
Insert:
1118AA Value of assets reduced by amounts received from Mark
Fitzpatrick Trust
(1) In this section:
application day, in relation to a person who was a recipient of a
social security payment immediately before 28 September 1995, means
the day, on or after that date, on which the person applied or
applies for review of the rate of that social security payment
because of the expected enactment, or the operation, of this
section.
(2) Subject to subsection (3), the value of a person's assets for
the purposes of this Act (other than subparagraph 263(1)(d)(iv) and
sections 1124A, 1125, 1125A and 1126) is reduced by the sum of any
amounts received by the person from the Mark Fitzpatrick Trust.
(3) Subsection (2) has effect, or is taken to have had effect, as
the case may be:
(a) for a person who was a recipient of a social security pension
immediately before 28 September 1995-on the first pension payday
after the application day; or
(b) for a person who was a recipient of a social security payment
other than a social security pension immediately before 28 September
1995-on the next day, after the application day, on which the person
received or receives an instalment of the payment; or
(c) for a person who became or becomes a recipient of a social
security payment on or after 28 September 1995-on the day on which
the person received or receives the first instalment of the payment.

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 57, 1996 - SCHEDULE 2

Schedule 2-Amendment of the Social Security Act 1991
relating to mature age partner allowance
1 Paragraphs 146V(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) her claim for the pension was lodged on or before 30 June 1995
and she qualified for the pension on or before that date; or
(b) all the following subparagraphs apply:
(i) she began to receive mature age partner allowance on or
before 30 June 1995;
(ii) her partner was receiving a mature age allowance under Part
2.12A but has, after 30 June 1995, become qualified for an age
pension and been automatically transferred to the age pension;
(iii) she received mature age partner allowance for a continuous
period from the time when she began to receive the allowance until
her partner was automatically transferred to the age pension as
mentioned in subparagraph (ii).
2 Paragraph 152(3)(a)
Repeal the paragraph, substitute:
(a) a woman:
(i) is receiving a mature age partner allowance; or
(ii) was receiving a mature age partner allowance immediately
before her partner was automatically transferred after 30 June 1995
from a mature age allowance under Part 2.12A to an age pension; and

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 57, 1996 - SCHEDULE 3

Schedule 3-Amendment of the Social Security Act 1991
to continue the effect of certain saving provisions
1 Point 1210-A1 (method statement, step 5)
After "minimum", insert "standard".
2 Schedule 1A (subclause 54(1), method statement, step 3)
Repeal the step, substitute:
Step 3. Work out the person's notional family payment rate as
follows on the assumption that the person would have qualified for
family payment.
Add:
(a) the standard family payment rate calculated under point
1069-B2; and
(b) the amount of guardian allowance;
and then subtract the minimum standard family payment rate worked
out under point 1069-B6.
3 Schedule 1A (subclause 54(2), method statement, step 2)
Repeal the step, substitute:
Step 2. Work out the person's notional family payment rate as
follows on the assumption that the person would have qualified for
family payment.
Add:
(a) the standard family payment rate calculated under point
1069-B2; and
(b) the amount of guardian allowance;
and then subtract the minimum standard family payment rate worked
out under point 1069-B6.
4 Schedule 1A (subclause 54(5), method statement, step 3)
Repeal the step, substitute:
Step 3. Work out the person's notional family payment rate as
follows on the assumption that the person would have qualified for
family payment.
Add:
(a) the standard family payment rate calculated under point
1069-B2; and
(b) the amount of guardian allowance;
and then subtract the minimum standard family payment rate worked
out under point 1069-B6.

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 57, 1996 - SCHEDULE 4

Schedule 4-Amendment of the Social Security Act 1991
relating to Pension Rate Calculator A
1 Point 1064-E10
Repeal the point, substitute:
Pension reduction for ordinary income in excess of ordinary income
free area
1064-E10 A person's reduction for ordinary income is worked out
by dividing the person's ordinary income excess by 2.