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Act No. 25 of 2022 as made
An Act to amend the Social Security Act 1991, and for related purposes
Administered by: Social Services
Originating Bill: Social Security Amendment (Improved Child to Adult Transfer for Carer Payment and Carer Allowance) Bill 2022
Registered 05 Apr 2022
Date of Assent 01 Apr 2022
Table of contents.

Commonwealth Coat of Arms of Australia

 

 

 

 

 

 

Social Security Amendment (Improved Child to Adult Transfer for Carer Payment and Carer Allowance) Act 2022

 

No. 25, 2022

 

 

 

 

 

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

  

  


Contents

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

2............ Commencement................................................................................... 2

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

Schedule 1—Amendments                                                                                                3

Part 1—Carer payment                                                                                                 3

Social Security Act 1991                                                                                            3

Part 2—Carer allowance                                                                                              7

Social Security Act 1991                                                                                            7

Part 3—Health care card                                                                                             9

Social Security Act 1991                                                                                            9

 


Commonwealth Coat of Arms of Australia

 

 

Social Security Amendment (Improved Child to Adult Transfer for Carer Payment and Carer Allowance) Act 2022

No. 25, 2022

 

 

 

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

[Assented to 1 April 2022]

The Parliament of Australia enacts:

1  Short title

                   This Act is the Social Security Amendment (Improved Child to Adult Transfer for Carer Payment and Carer Allowance) Act 2022.

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.  The whole of this Act

The day after this Act receives the Royal Assent.

2 April 2022

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 1Amendments

Part 1Carer payment

Social Security Act 1991

1  Subsection 197(2)

Omit “(6) and (7)”, substitute “(5A), (6) and (7)”.

2  Subsection 197(3)

Omit “subsection (7)”, substitute “subsections (3A) and (7)”.

3  Subsection 197(3)

Omit all the words after “paragraphs 197E(1)(a) and (b) apply in relation to the person as a care receiver.”.

4  After subsection 197(3)

Insert:

          (3A)  For the purposes of subsection (3), assume that paragraph 197E(1)(a) continues to apply in relation to the person (the care receiver) after the care receiver turns 16 until the later of the following:

                     (a)  the end of the day before the day the care receiver turns 18;

                     (b)  if a person who qualifies for a carer payment for caring for the care receiver ensures that, on or before the day the care receiver turns 18, the Secretary is given all the information, statements and other materials that are needed in order for the care receiver to be assessed and rated and given a score under the Adult Disability Assessment Tool—the end of the day before the first day on which the care receiver is given such a score.

5  Subsections 197(4) and (5)

Omit “(6) and (7)”, substitute “(5A), (6) and (7)”.

6  After the heading to subsection 197(6)

Insert:

          (5A)  For the purposes of subsections (2), (4) and (5), assume that paragraph 197B(1)(a) or 197C(1)(a) or subparagraph 197D(1)(a)(ii) (as the case requires) continues to apply in relation to the person (the care receiver) after the care receiver turns 16 until the later of the following:

                     (a)  the end of the period of 3 months starting on the day the care receiver turns 16;

                     (b)  if a person who qualifies for a carer payment for caring for the care receiver ensures that, on or before the day the care receiver turns 16, the Secretary is given all the information, statements and other materials that are needed in order for the care receiver to be assessed and rated and given a score under the Adult Disability Assessment Tool—the end of the day before the first day on which the care receiver is given such a score.

7  Subsection 197(6)

Omit “paragraph 197B(1)(a) or 197C(1)(a), subparagraph 197D(1)(a)(ii) or”.

8  Subsection 197E(2)

Repeal the subsection, substitute:

             (2)  Despite paragraph (1)(a), if:

                     (a)  a person is qualified under subsection (1) for a carer payment for caring for a care receiver aged under 16; and

                     (b)  the care receiver turns 16; and

                     (c)  apart from the care receiver turning 16, the person would remain qualified for a carer payment under subsection (1);

then the person remains qualified for a carer payment under subsection (1) until the later of the following:

                     (d)  the end of the day before the day the care receiver turns 18;

                     (e)  if the person ensures that, on or before the day the care receiver turns 18, the Secretary is given all the information, statements and other materials that are needed in order for the care receiver to be assessed and rated and given a score under the Adult Disability Assessment Tool—the end of the day before the first day on which the care receiver is given such a score.

9  Section 197K (heading)

Omit “for up to 3 months”.

10  Paragraphs 197K(1)(b) and (c)

Repeal the paragraphs, substitute:

                     (b)  the care receiver turns 16.

11  Subsection 197K(2)

Repeal the subsection, substitute:

             (2)  If, apart from the care receiver turning 16, the person would remain qualified for a carer payment under that provision, then the person remains qualified under that provision until the later of the following:

                     (a)  the end of the period of 3 months starting on the day the care receiver turns 16;

                     (b)  if the person ensures that, on or before the day the care receiver turns 16, the Secretary is given all the information, statements and other materials that are needed in order for the care receiver to be assessed and rated and given a score under the Adult Disability Assessment Tool—the end of the day before the first day on which the care receiver is given such a score.

12  Application of amendments

Definitions of sole care child, combined care child and multiple care child

(1)       The amendments of subsection 197(3), and the insertion of subsection 197(3A), of the Social Security Act 1991 by this Part apply in relation to a person if:

                     (a)  paragraphs 197E(1)(a) and (b) of that Act apply in relation to the person as a care receiver; and

                     (b)  the person then turns 16 years of age on or after 1 January 2023;

whether the information, statements and other materials referred to in paragraph 197(3A)(b) of that Act (as inserted by this Part) are given to the Secretary before, on or after 1 January 2023.

(2)       The amendments of subsections 197(2), (4) and (5), the insertion of subsection 197(5A), and the amendment of subsection 197(6), of the Social Security Act 1991 by this Part apply in relation to a person if:

                     (a)  paragraph 197B(1)(a) or 197C(1)(a), or subparagraph 197D(1)(a)(ii), of that Act applies in relation to the person as a care receiver; and

                     (b)  the person then turns 16 years of age on or after 1 January 2023;

whether the information, statements and other materials referred to in paragraph 197(5A)(b) of that Act (as inserted by this Part) are given to the Secretary before, on or after 1 January 2023.

Qualification for carer payment

(3)       The repeal and substitution of subsection 197E(2) of the Social Security Act 1991 by this Part applies in relation to a care receiver who turns 16 years of age on or after 1 January 2023, whether the information, statements and other materials referred to in paragraph 197E(2)(e) of that Act (as substituted by this Part) are given to the Secretary before, on or after 1 January 2023.

(4)       The amendments of section 197K of the Social Security Act 1991 by this Part apply in relation to a care receiver who turns 16 years of age on or after 1 January 2023, whether the information, statements and other materials referred to in paragraph 197K(2)(b) of that Act (as substituted by this Part) are given to the Secretary before, on or after 1 January 2023.

Part 2Carer allowance

Social Security Act 1991

13  Section 953A (heading)

Omit “up to 3 months”.

14  Subsection 953A(1)

After “remains qualified for carer allowance under that subsection for that child until”, insert “the later of the following”.

15  Paragraphs 953A(1)(d) and (e)

Repeal the paragraphs, substitute:

                     (d)  the end of the period of 3 months starting on the day the child turns 16;

                     (e)  if the person ensures that, on or before the day the child turns 16, the Secretary is given all the information, statements and other materials that are needed in order for the child to be assessed and rated and given a score under the Adult Disability Assessment Tool—the end of the day before the first day on which the child is given such a score.

16  Subsection 953A(2)

After “remains qualified for carer allowance under that subsection for those children until”, insert “the later of the following”.

17  Paragraphs 953A(2)(d) and (e)

Repeal the paragraphs, substitute:

                     (d)  the end of the period of 3 months starting on the relevant day;

                     (e)  if the person ensures that, on or before the relevant day, the Secretary is given all the information, statements and other materials that are needed in order for each child who turns 16 on the relevant day to be assessed and rated and given a score under the Adult Disability Assessment Tool—the end of the day before the first day on which such a score is given to such a child.

18  Application of amendments

(1)       The amendments of subsection 953A(1) of the Social Security Act 1991 made by this Part apply in relation to a disabled child referred to in paragraph 953A(1)(a) of that Act who turns 16 years of age on or after 1 January 2023, whether the information, statements and other materials referred to in paragraph 953A(1)(e) of that Act (as substituted by this Part) are given to the Secretary before, on or after 1 January 2023.

(2)       The amendments of subsection 953A(2) of the Social Security Act 1991 made by this Part apply in relation to disabled children referred to in paragraph 953A(2)(a) of that Act if neither of the children turn 16 years of age before 1 January 2023, whether the information, statements and other materials referred to in paragraph 953A(2)(e) of that Act (as substituted by this Part) are given to the Secretary before, on or after 1 January 2023.

Part 3Health care card

Social Security Act 1991

19  At the end of subsection 1061ZK(3)

Add:

Note:          For disabled child, see subsection (8).

20  Subsection 1061ZK(8)

Omit “this section”, substitute “subsection (3)”.

21  Subsection 1061ZK(8) (definition of disabled child)

After “under 16”, insert “years and 3 months”.

22  Application of amendments

The amendments of section 1061ZK of the Social Security Act 1991 made by this Part apply in relation to a person who turns 16 years of age on or after 1 January 2023.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 10 February 2022

Senate on 30 March 2022]

 

(02/22)