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A Bill for an Act to amend the law relating to social security and veterans’ entitlements, and for related purposes
Administered by: Social Services
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 11 Sep 2019
Introduced HR 11 Sep 2019
Table of contents.

2019

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Social Services Legislation Amendment (Better Targeting Student Payments) Bill 2019

 

No.      , 2019

 

(Social Services)

 

 

 

A Bill for an Act to amend the law relating to social security and veterans’ entitlements, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Relocation scholarship payment                                                      3

Social Security Act 1991                                                                                            3

Schedule 2—Education entry payment                                                                    5

Social Security Act 1991                                                                                            5

Veterans’ Entitlements Act 1986                                                                            13

Schedule 3—Pensioner education supplement                                                   15

Social Security Act 1991                                                                                          15

 


A Bill for an Act to amend the law relating to social security and veterans’ entitlements, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Social Services Legislation Amendment (Better Targeting Student Payments) Act 2019.

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

The first 1 January or 1 July to occur after the day this Act receives the Royal Assent.

 

3.  Schedules 2 and 3

As follows:

(a) if this Act receives the Royal Assent before 1 July 2020—1 July 2020;

(b) if this Act receives the Royal Assent on or after 1 July 2020—the first 1 January or 1 July to occur after the day this Act receives the Royal Assent.

 

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 1Relocation scholarship payment

  

Social Security Act 1991

1  After subsection 592K(7)

Insert:

Home of each parent of the person is outside Australia

          (7A)  Despite section 592J, a person is not qualified for a relocation scholarship payment if, on the day the person started to undertake the course referred to in paragraph 592J(d), the home of each parent of the person was outside Australia.

Person’s usual place of residence is outside Australia

          (7B)  Despite section 592J, a person is not qualified for a relocation scholarship payment if:

                     (a)  at the person’s qualification time, the person is independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11); and

                     (b)  on the day 6 months before the person started to undertake the course referred to in paragraph 592J(d), the person’s usual place of residence was outside Australia.

Person’s place of study is outside Australia

          (7C)  Despite section 592J, a person is not qualified for a relocation scholarship payment if, at the person’s qualification time, the person’s place of study, worked out in accordance with an instrument in force under subsection (8), is outside Australia.

2  Before subsection 592K(8)

Insert:

Interpretation

3  Application provisions

(1)       Subject to this item, the amendments made by this Schedule apply in relation to working out whether a person is qualified for a relocation scholarship payment at a time on or after the commencement of this item, whether the person started to undertake the course concerned before, on or after that commencement.

(2)       If:

                     (a)  before the commencement of this item, a person started to undertake a course referred to in paragraph 592J(d) of the Social Security Act 1991; and

                     (b)  either or both of the following apply:

                              (i)  on the day the person started to undertake that course, the home of each parent of the person was outside Australia;

                             (ii)  on the day 6 months before the person started to undertake that course, the person’s usual place of residence was outside Australia; and

                     (c)  before the commencement of this item, the person has received a relocation scholarship payment in relation to that course;

then subsections 592K(7A) and (7B) of the Social Security Act 1991, as inserted by this Schedule, do not apply in relation to the person for the purposes of working out whether the person is qualified for a relocation scholarship payment at a time on or after the commencement of this item in relation to that course.

Note:       Subsection 592K(7C) of the Social Security Act 1991, as inserted by this Schedule, does apply in relation to the person.

Schedule 2Education entry payment

  

Social Security Act 1991

1  Before Division 1 of Part 2.13A

Insert:

Division 1ANormal amount of full‑time study

665AA  Normal amount of full‑time study

                   For the purposes of this Part, the normal amount of full‑time study in respect of a course is:

                     (a)  if:

                              (i)  the course is a course of study within the meaning of the Higher Education Support Act 2003; and

                             (ii)  there are Commonwealth supported students (within the meaning of that Act) enrolled in the course;

                            the full‑time student load for the course; or

                     (b)  if the course is not such a course and the institution defines an amount of full‑time study that a full‑time student should typically undertake in respect of the course—the amount so defined; or

                     (c)  otherwise—an amount of full‑time study equivalent to the average amount of full‑time study that a person would have to undertake for the duration of the course in order to complete the course in the minimum amount of time needed to complete it.

2  Section 665B

Repeal the section, substitute:

665B  Amount of payment

             (1)  The amount of an education entry payment under section 665A is worked out using the table at the end of this section.

             (2)  Work out, in relation to the first day of the current calendar year for which a pensioner education supplement is payable to the person, the fortnightly rate at which the supplement is payable.

             (3)  The amount of the education entry payment is the corresponding amount in column 2 of the table.

 

Amount of education entry payment

 

Column 1
Fortnightly rate of pensioner education supplement

Column 2
Amount of education entry payment

1

$62.40

$208

2

$46.80

$156

3

$31.20

$104

4

$15.60

$52

3  Section 665F

Repeal the section, substitute:

665F  Amount of payment

             (1)  The amount of an education entry payment under section 665E is worked out using the table at the end of this section.

             (2)  Work out, in relation to the first day of the current calendar year for which a pensioner education supplement is payable to the person, the fortnightly rate at which the supplement is payable.

             (3)  The amount of the education entry payment is the corresponding amount in column 2 of the table.

 

Amount of education entry payment

 

Column 1
Fortnightly rate of pensioner education supplement

Column 2
Amount of education entry payment

1

$62.40

$208

2

$46.80

$156

3

$31.20

$104

4

$15.60

$52

4  Section 665N

Repeal the section, substitute:

665N  Amount of payment

             (1)  The amount of an education entry payment under section 665M is worked out using the table at the end of this section.

             (2)  Work out, in relation to the first day of the current calendar year for which a pensioner education supplement is payable to the person, the fortnightly rate at which the supplement is payable.

             (3)  The amount of the education entry payment is the corresponding amount in column 2 of the table.

 

Amount of education entry payment

 

Column 1
Fortnightly rate of pensioner education supplement

Column 2
Amount of education entry payment

1

$62.40

$208

2

$46.80

$156

3

$31.20

$104

4

$15.60

$52

5  Paragraph 665U(1)(a)

Repeal the paragraph, substitute:

                     (a)  the Secretary is satisfied that the person is enrolled in a full‑time course of education that is an approved course under the ABSTUDY scheme or an approved course of education or study for the purposes of paragraph 541B(1)(c) or 569A(b); and

6  Paragraph 665U(1)(d)

Repeal the paragraph, substitute:

                     (d)  the person has not received a payment under this Part for which he or she made a claim in the current calendar year.

7  Section 665V

Repeal the section, substitute:

665V  Amount of payment

             (1)  The amount of an education entry payment under section 665U is worked out using the table at the end of this section.

             (2)  Work out the percentage (the relevant percentage), of the normal amount of full‑time study in respect of the course of education, the Secretary is satisfied that the person will be undertaking on the first day of the current calendar year the person undertakes study in that course.

Note:          For normal amount of full‑time study see section 665AA.

             (3)  The amount of the payment is the corresponding amount in column 2 of the table.

 

Amount of education entry payment

 

Column 1
Relevant percentage

Column 2
Amount of education entry payment

1

76% or more

$208

2

51% or more but less than 76%

$156

3

More than 25% but less than 51%

$104

4

25%

$52

5

Less than 25%

$0

8  Paragraph 665ZC(1)(a)

Repeal the paragraph, substitute:

                     (a)  the Secretary is satisfied that she is enrolled in a full‑time or part‑time course of education that is an approved course under the ABSTUDY scheme; and

9  Paragraph 665ZC(1)(c)

Repeal the paragraph, substitute:

                     (c)  she has not received a payment under this Part for which she made a claim in the current calendar year.

10  Section 665ZD

Repeal the section, substitute:

665ZD  Amount of payment

             (1)  The amount of an education entry payment under section 665ZC is worked out using the table at the end of this section.

             (2)  Work out the percentage (the relevant percentage), of the normal amount of full‑time study in respect of the course of education, the Secretary is satisfied that the woman will be undertaking on the first day of the current calendar year she undertakes study in that course.

Note:          For normal amount of full‑time study see section 665AA.

             (3)  The amount of the payment is the corresponding amount in column 2 of the table.

 

Amount of education entry payment

 

Column 1
Relevant percentage

Column 2
Amount of education entry payment

1

76% or more

$208

2

51% or more but less than 76%

$156

3

More than 25% but less than 51%

$104

4

25%

$52

5

Less than 25%

$0

11  Section 665ZFB

Repeal the section, substitute:

665ZFB  Amount of payment

             (1)  The amount of an education entry payment under section 665ZFA is worked out using the table at the end of this section.

             (2)  Work out, in relation to the first day of the current calendar year for which a pensioner education supplement is payable to the person, the fortnightly rate at which the supplement is payable.

             (3)  The amount of the education entry payment is the corresponding amount in column 2 of the table.

 

Amount of education entry payment

 

Column 1
Fortnightly rate of pensioner education supplement

Column 2
Amount of education entry payment

1

$62.40

$208

2

$46.80

$156

3

$31.20

$104

4

$15.60

$52

12  Paragraph 665ZQ(1)(a)

Repeal the paragraph, substitute:

                     (a)  the Secretary is satisfied that the person is enrolled in a full‑time course of education that is an approved course under the ABSTUDY scheme; and

13  Paragraph 665ZQ(1)(c)

Repeal the paragraph, substitute:

                     (c)  the person has not received a payment under this Part for which the person made a claim in the current calendar year.

14  Section 665ZR

Repeal the section, substitute:

665ZR  Amount of payment

             (1)  The amount of an education entry payment under section 665ZQ is worked out using the table at the end of this section.

             (2)  Work out the percentage (the relevant percentage), of the normal amount of full‑time study in respect of the course of education, the Secretary is satisfied that the person will be undertaking on the first day of the current calendar year the person undertakes study in that course.

Note:          For normal amount of full‑time study see section 665AA.

             (3)  The amount of the payment is the corresponding amount in column 2 of the table.

 

Amount of education entry payment

 

Column 1
Relevant percentage

Column 2
Amount of education entry payment

1

76% or more

$208

2

51% or more but less than 76%

$156

3

More than 25% but less than 51%

$104

4

25%

$52

5

Less than 25%

$0

15  Paragraph 665ZU(1)(a)

Repeal the paragraph, substitute:

                     (a)  the Secretary is satisfied that the person is enrolled in a full‑time or part‑time course of education that is an approved course under the ABSTUDY scheme; and

16  Paragraph 665ZU(1)(c)

Repeal the paragraph, substitute:

                     (c)  the person has not received a payment under this Part for which the person made a claim in the current calendar year.

17  Section 665ZV

Repeal the section, substitute:

665ZV  Amount of payment

             (1)  The amount of an education entry payment under section 665ZU is worked out using the table at the end of this section.

             (2)  Work out the percentage (the relevant percentage), of the normal amount of full‑time study in respect of the course of education, the Secretary is satisfied that the person will be undertaking on the first day of the current calendar year the person undertakes study in that course.

Note:          For normal amount of full‑time study see section 665AA.

             (3)  The amount of the payment is the corresponding amount in column 2 of the table.

 

Amount of education entry payment

 

Column 1
Relevant percentage

Column 2
Amount of education entry payment

1

76% or more

$208

2

51% or more but less than 76%

$156

3

More than 25% but less than 51%

$104

4

25%

$52

5

Less than 25%

$0

18  Application provision

The amendments of the Social Security Act 1991 made by this Schedule apply in relation to the following:

                     (a)  working out qualification for an education entry payment on or after the commencement of this item;

                     (b)  working out the amount of an education entry payment on or after the commencement of this item for a person who qualifies for the payment on or after that commencement.

Veterans’ Entitlements Act 1986

19  Paragraph 118AA(d)

Repeal the paragraph, substitute:

                     (d)  the Commission is satisfied that the person is enrolled in a full‑time or part‑time course of education that is the subject of a determination made under section 5D of the Student Assistance Act 1973 by the Minister administering that Act; and

20  Before subsection 118AAC(1)

Insert:

Entitlement

21  Subsection 118AAC(2)

Repeal the subsection, substitute:

Amount of payment

             (2)  The amount of an education entry payment is worked out using the table in this section.

             (3)  Work out the percentage (the relevant percentage), of the normal amount of full‑time study in respect of the course of education, the Commission is satisfied that the person will be undertaking on the first day of the current calendar year the person undertakes study in that course.

Note:          For normal amount of full‑time study see subsection (5).

             (4)  The amount of the payment is the corresponding amount in column 2 of the table.

 

Amount of education entry payment

 

Column 1
Relevant percentage

Column 2
Amount of education entry payment

1

76% or more

$208

2

51% or more but less than 76%

$156

3

More than 25% but less than 51%

$104

4

25%

$52

5

Less than 25%

$0

Definition

             (5)  In this section:

normal amount of full‑time study in respect of a course has the same meaning as in Part 2.13A of the Social Security Act 1991.

22  Section 118AAD

Repeal the section.

23  Application and saving provisions

(1)       The amendments of sections 118AA and 118AAC of the Veterans’ Entitlements Act 1986 made by this Schedule apply in relation to the following:

                     (a)  working out eligibility for an education entry payment on or after the commencement of this item;

                     (b)  working out the amount of an education entry payment on or after the commencement of this item for a person who is eligible for the payment on or after that commencement.

(2)       Despite the repeal of section 118AAD of the Veterans’ Entitlements Act 1986 made by this Schedule, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a claim for an education entry payment made before that commencement.

Schedule 3Pensioner education supplement

  

Social Security Act 1991

1  Subsections 1061PB(3) to (5)

Repeal the subsections, substitute:

             (3)  A person is not undertaking qualifying study on a day if the day does not fall within a study period (such as, for example, a semester) for the course referred to in paragraph (1)(b).

             (4)  A person is not undertaking qualifying study on a day if the day falls within a period of vacation that occurs during a study period (such as, for example, a semester) for the course referred to in paragraph (1)(b).

2  Section 1061PZG

Repeal the section, substitute:

1061PZG  Rate of pensioner education supplement

             (1)  A person’s rate of pensioner education supplement is a daily rate worked out by dividing the person’s fortnightly rate of pensioner education supplement by 14.

             (2)  A person’s fortnightly rate of pensioner education supplement is worked out using the table at the end of this section.

             (3)  Work out the percentage (the relevant percentage), of the normal amount of full‑time study (within the meaning of section 1061PF) in respect of the course concerned, the person is undertaking.

             (4)  The fortnightly rate is the corresponding rate in column 2 of the table.

 

Fortnightly rate of pensioner education supplement

 

Column 1
Relevant percentage

Column 2
Fortnightly rate

1

76% or more

$62.40

2

51% or more but less than 76%

$46.80

3

More than 25% but less than 51%

$31.20

4

25%

$15.60

Note:          A person must be undertaking at least 25% of the normal amount of full‑time study in respect of a course to qualify for a pensioner education supplement.

3  Application provision

The amendments made by this Schedule apply in relation to working out qualification for, or the rate of, pensioner education supplement in relation to days occurring on or after the commencement of this item.