Family and Community Services and Veterans' Affairs Legislation Amendment (Further Assistance for Older Australians) Bill 2001
First Reading
1998-1999-2000-2001
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Family and Community Services and Veterans' Affairs Legislation Amendment (Further Assistance for Older Australians) Bill 2001
No. , 2001
(Family and Community Services)
A Bill for an Act to amend the Social Security Act 1991 and the Veterans' Entitlements Act 1986, and for related purposes
ISBN: 0642 457859
Contents
Social Security Act 1991 3
Social Security Act 1991 6
Social Security (Administration) Act 1999 7
Veterans' Entitlements Act 1986 8
Social Security Act 1991 10
Veterans' Entitlements Act 1986 10
A Bill for an Act to amend the Social Security Act 1991 and the Veterans' Entitlements Act 1986, and for related purposes
The Parliament of Australia enacts:
1 Short title This Act may be cited as the Family and Community Services and Veterans' Affairs Legislation Amendment (Further Assistance for Older Australians) Act 2001.
2 Commencement (1) This Act (other than Schedules 2 and 3) commences on 1 July 2001.
(2) Schedules 2 and 3 commence on 1 September 2001.
3 Schedule(s) Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1--Beneficial treatment of superannuation assets for people aged between 55 and pension age
Social Security Act 1991
1 Subsection 8(1) (definition of income)
Omit ", (7A)".
2 Subsections 8(7A) and (7B)
Repeal the subsections (including the notes).
3 After paragraph 8(8)(a)
Insert:
(b) any return on a person's investment in:
(i) a superannuation fund; or
(ii) an approved deposit fund; or
(iii) a deferred annuity; or
(iv) an ATO small superannuation account;
until the person:
(v) reaches pension age; or
(vi) starts to receive a pension or annuity out of the fund;
4 Paragraph 9(1B)(d) (note)
Omit "by persons who are neither prescribed pre-pension age persons nor persons who have reached pension age", substitute "before pension age is reached".
5 Paragraph 9(1B)(e) (note)
Omit "by persons who are neither prescribed pre-pension age persons nor persons who have reached pension age", substitute "before pension age is reached".
6 Paragraph 9(1B)(f) (note)
Omit "by persons who are neither prescribed pre-pension age persons nor persons who have reached pension age", substitute "before pension age is reached".
7 Paragraph 9(1B)(g) (note)
Omit "by persons who are neither prescribed pre-pension age persons nor persons who have reached pension age", substitute "before pension age is reached".
8 Paragraph 9(1C)(a)
Omit "is not a prescribed pre-pension age person and has not yet turned", substitute "has not yet reached".
9 Paragraph 9(1C)(b)
Omit "is not a prescribed pre-pension age person and has not yet turned", substitute "has not yet reached".
10 Paragraph 9(1C)(c)
Back to Top Omit "is not a prescribed pre-pension age person and has not yet turned", substitute "has not yet reached".
11 Paragraph 9(1C)(ca)
Omit "is not a prescribed pre-pension age person and has not yet turned", substitute "has not yet reached".
12 Subsection 9(1C) (note 1)
Repeal the note.
13 Subsection 23(1) (definition of prescribed pre-pension age person)
Repeal the definition.
14 Paragraph 1096(aa)
Omit "is not a prescribed pre-pension age person and has not reached pension age", substitute "has not turned 55".
15 Section 1096 (notes)
Repeal the notes.
16 At the end of section 1096
Add:
(2) However, if the person turns 55 before the end of the period of 12 months, this section does not apply to the person in relation to:
(a) the week, during that period, in which the person turns 55; and
(b) any later weeks during that period.
17 After paragraph 1118(1)(e)
Insert:
(f) the value of the person's investment in:
(i) a superannuation fund; or
(ii) an approved deposit fund; or
(iii) a deferred annuity; or
(iv) an ATO small superannuation account;
until the person:
(v) reaches pension age; or
(vi) starts to receive a pension or annuity out of the fund;
18 Section 1118A
Repeal the section (including the note).
Schedule 2--Extension of telephone allowance to holders of seniors health cards
Social Security Act 1991
1 After subsection 1061Q(4)
Insert:
(4A) A person is qualified for a telephone allowance if:
(a) either:
(i) the person is the holder of a seniors health card; or
(ii) the person is temporarily absent from Australia for a continuous period not exceeding 26 weeks and was the holder of a seniors health card immediately before leaving Australia; and
(b) the person is a telephone subscriber.
2 Subsection 1061S(1) (cell at table item 2, column 2)
Repeal the cell, substitute:
| Partnered (partner getting neither social security pension nor social security benefit), partner not holder of a seniors health card and person getting pension or benefit before 12 March 1992 |
3 Subsection 1061S(1) (cell at table item 3, column 2) Repeal the cell, substitute:
Partnered (partner getting neither social security pension nor social security benefit), partner not holder of a seniors health card and person not getting pension or benefit before 12 March 1992
4 Subsection 1061S(1) (cell at table item 4, column 2) Repeal the cell, substitute:
Either:
(a) partnered (partner getting pension or benefit); or
(b) partnered and partner is a holder of a seniors health card;
and partner not getting telephone allowance
5 Subsection 1061S(1) (cell at table item 5, column 2) Repeal the cell, substitute:
Either:
(a) partnered (partner getting pension or benefit); or
(b) partnered and partner is a holder of a seniors health card;
and partner getting telephone allowance
Back to Top
6 After subsection 1061S(3) Insert:
(3A) For the purposes of working out a person's rate of telephone allowance under subsection (1), the person's partner is taken to be the holder of a seniors health card if the partner:
(a) is temporarily absent from Australia for a continuous period not exceeding 26 weeks; and
(b) was the holder of a seniors health card immediately before leaving Australia.
Social Security (Administration) Act 1999
7 Subsection 48(4)
Repeal the subsection and insert:
(4) In this section:
telephone allowance payday means:
(a) for a person who is qualified for telephone allowance otherwise than under subsection 1061Q(4A)--the first day on which an instalment of a social security periodic payment would normally be paid to the person on or after any of the following:
(i) 1 January;
(ii) 20 March;
(iii) 1 July;
(iv) 20 September; and
(b) for a person who is qualified for telephone allowance under subsection 1061Q(4A)--any of the following:
(i) 1 January;
(ii) 20 March;
(iii) 1 July;
(iv) 20 September;
or the first working day after that day if that day is not a working day.
working day means a day other than:
(a) a Saturday; or
(b) a Sunday; or
(c) a day that is a public holiday or bank holiday in Canberra or Sydney.
Veterans' Entitlements Act 1986
8 After subsection 118Q(3)
Insert:
(3AA) A person is eligible for a telephone allowance if:
(a) either:
(i) the person is the holder of a seniors health card; or
(ii) the person is absent from Australia and was the holder of a seniors health card immediately before leaving Australia; and
(b) the person is a telephone subscriber.
9 Subsection 118S(1)
Omit "and (3)", substitute ", (3) and (4)".
10 At the end of section 118S
Add:
(4) The rate of telephone allowance for a person is half the amount of the rate specified in subsection (1) if:
(a) the person is the holder of a seniors health card; and
(b) the person is a member of a couple; and
(c) the person's partner is receiving a telephone allowance under:
(i) this Act; or
(ii) the Social Security Act; and
(d) the person is living with the person's partner in the same home.
Schedule 3--Increase in income limits for seniors health card
Social Security Act 1991
1 Point 1071-12 (table)
Repeal the table (including the notes), substitute:
| Seniors Health Card Taxable Income Limit Table |
| Column 1 Item | Column 2 Person's family situation | Column 3 Amount per year | Column 4 Additional dependent child Amount per year |
| 1 | Not member of couple | $50,000 | $639.60 |
| 2 | Partnered | $40,000 | $639.60 |
| 3 | Member of illness separated couple | $50,000 | $639.60 |
| 4 | Member of respite care couple | $50,000 | $639.60 |
| 5 | Partnered (partner in gaol) | $50,000 | $639.60 |
Veterans'
Back to Top Entitlements Act 1986
2 Point 118ZAA-11 (table)
Repeal the table, substitute:
| Seniors Health Card Taxable Income Limit Table |
| Column 1 Item | Column 2 Person's family situation | Column 3 Amount per year | Column 4 Additional dependent child Amount per year |
| 1 | Not member of couple | $50,000 | $639.60 |
| 2 | Partnered | $40,000 | $639.60 |
| 3 | Member of illness separated couple | $50,000 | $639.60 |
| 4 | Member of respite care couple | $50,000 | $639.60 |
Note 1: For
member of couple and
partnered, see section 5E.
Note 2: For illness separated couple and respite care couple, see section 5R.
Note 3: For dependent child, see section 5F.