A Bill for an Act to amend the Social Security Act 1991, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Social Security Amendment (Diabetes Support) Act 2016.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Schedule 1 | 1 July 2016. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments
Social Security Act 1991
1 Subsection 6A(1) (definition of automatic issue health care card)
Omit “Subdivision A”, substitute “Subdivision A or AA”.
2 Subdivision A of Division 3 of Part 2A.1 (heading)
Repeal the heading, substitute:
Subdivision A—Qualification for automatic issue health care card: general
3 After Subdivision A of Division 3 of Part 2A.1
Insert:
Subdivision AA—Qualification for automatic issue health care card: diabetes‑affected person
1061ZNB Qualification for health care card: diabetes‑affected person
(1) A person is qualified for a health care card on a day if, on that day:
(a) either:
(i) the person suffers from Diabetes Mellitus Type 1; or
(ii) the person has a dependent child who suffers from Diabetes Mellitus Type 1; and
(b) the ordinary income of the person for the immediately preceding financial year does not exceed:
(i) if the person is a member of a couple—$176,000; and
(ii) otherwise—$88,000.
Note 1: A person’s ordinary income for a period is calculated in accordance with Part 3.10.
Note 2: The amounts specified in paragraph (1)(b) are indexed in line with CPI increases (see section 1190 to 1194).
(2) However, despite any other provision in this Act, the Administration Act, or any other law of the Commonwealth, a State or a Territory, if:
(a) a person is qualified for a health care card because of subsection (1); and
(b) the person is not otherwise qualified for a health care card under this Act;
the person is only entitled to any associated benefits and concessions to the extent to which they are directly related to the treatment or management of diabetes for the diabetes sufferer.
(3) In this section:
associated benefits and concessions means any benefits or concessions, whether under this Act or otherwise, to which the holder of a health care card is entitled to only because the person is the holder of a health care card.
diabetes sufferer means:
(a) the person suffering from Diabetes Mellitus Type 1 referred to in subparagraph (1)(a)(i); or
(b) the dependent child suffering from Diabetes Mellitus Type 1 referred to in subparagraph (1)(a)(ii).
directly related to the treatment or management of diabetes:
(a) in relation to a service—means a service provided by the following, to the extent to which the services is for the purposes of treating or managing diabetes or a diabetes‑related issued:
(i) a medical practitioner;
(ii) a service provided by a diabetes educator;
(iii) a service provided by an exercise physiologist;
(iv) a service provided by a physiotherapist;
(v) a service provided by a podiatrist;
(vi) another service provider where a medical practitioner responsible for the treatment of the diabetes sufferer has referred the diabetes sufferer to the provider for the purposes of treatment or management of diabetes; and
(b) in relation to a good—means the following:
(i) any good related to the administration of insulin;
(ii) another good where a medical practitioner responsible for the treatment of the diabetes sufferer has recommended that the diabetes sufferer use the good for the purposes of treatment or management of diabetes.
(4) This section has effect subject to section 1061ZNC.
1061ZNC Residence requirements
(1) Section 1061ZNB only has effect in relation to a person on a day on which:
(a) the person is in Australia and is:
(i) an Australian resident or a special category visa holder residing in Australia; or
(ii) the holder of a visa included in a class of visas determined by the Minister for the purposes of this paragraph; or
(iii) a person declared by the Minister to be a person to whom this subparagraph applies; or
(b) the person:
(i) is in Australia; and
(ii) is receiving a social security pension or social security benefit solely because of the operation of the scheduled international agreement between Australia and New Zealand.
Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 6 weeks (see Division 4).
(2) The Minister may, by legislative instrument, declare that a person who:
(a) is included in a specified class of persons; and
(b) is, or has been, in Australia in specified circumstances;
is a person to whom subparagraph (1)(a)(iii) applies.
(3) The circumstances that may be specified in a declaration under subsection (2) include circumstances that existed or exist at any time before or after the making of the declaration.
1061ZND Effect of compliance penalty periods
(1) For the purposes of this Subdivision, a person is taken to have been receiving, or to be receiving, a social security pension or social security benefit if the person would have been receiving, or would be receiving, the pension or benefit except for the application of a compliance penalty period.
Note: For compliance penalty period see subsection 23(1).
(2) For the purposes of this Subdivision, a person is taken to have ceased to receive a social security pension or social security benefit if:
(a) the person would have ceased to receive the pension or benefit if the person had been receiving it; and
(b) the person had not been receiving the pension or benefit because of the application of a compliance penalty period.
Note: For compliance penalty period see subsection 23(1).
4 Section 1071A
At the end of the section, add “(other than Subdivision AA)”.
5 Section 1190 (at the end of the table)
Add:
| | Ordinary income limit for health care card qualification (diabetes‑affected person) | | |
| 72. | Ordinary income limit for qualification for a health care card for a diabetes‑affected person who is not a member of a couple | HCC “single” income limit | [subparagraph 1061ZNB(1)(b)(ii)] |
| 73. | Ordinary income limit for qualification for a health care card for a diabetes‑affected person who is a member of a couple | HCC “partnered” income limit | [subparagraph 1061ZNB(1)(b)(i)] |
6 Subsection 1191(1) (at the end of the table)
Add:
| | Ordinary income limit for health care card qualification (diabetes‑affected person) | | | | |
| 44. | HCC “single” income limit | 1 July | December | most recent December quarter before reference quarter | $1.00 |
| 45. | HCC “partnered” income limit | 1 July | December | most recent December quarter before reference quarter | $1.00 |
7 At the end of section 1192
Add:
(11) The first indexation of amounts under items 44 and 45 of the CPI Indexation Table in subsection 1191(1) is to take place on 1 July 2016.
Social Security (Administration) Act 1999
8 Section 242
Before “Payments”, insert “(1)”.
9 At the end of section 242
Add:
(2) Despite subsection (1), a payment under the social security law that is payable by the Commonwealth as a result of the amendments made by Schedule 1 to the Social Security Amendment (Diabetes Support) Act 2016 is to funded out of money appropriated by the Parliament for the purposes of such a payment.