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Determinations/Social Security as amended, taking into account amendments up to Social Security (Coronavirus Economic Response—2020 Measures No. 7) Determination 2020
Administered by: Social Services
Registered 14 May 2020
Start Date 01 May 2020
Table of contents.

Commonwealth Coat of Arms of Australia

Social Security (Coronavirus Economic Response—2020 Measures No. 1) Determination 2020

made under item 40A of Schedule 11 to the

Coronavirus Economic Response Package Omnibus Act 2020

Compilation No. 2

Compilation date:                              1 May 2020

Includes amendments up to:            F2020L00545

Registered:                                         14 May 2020

 

 

 

 

 

 

 

 

 

This compilation includes retrospective amendments made by F2020L00545

 

About this compilation

This compilation

This is a compilation of the Social Security (Coronavirus Economic Response—2020 Measures No. 1) Determination 2020 that shows the text of the law as amended and in force on 1 May 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name............................................................................................................................. 1

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

3............ Authority....................................................................................................................... 1

4............ Modifications................................................................................................................ 1

Schedule 1—Modifications of the Social Security Act 1991                                                   2

Schedule 2—Modifications of the Social Security (Administration) Act 1999            3

Endnotes                                                                                                                                                                 4

Endnote 1—About the endnotes                                                                                                        4

Endnote 2—Abbreviation key                                                                                                            5

Endnote 3—Legislation history                                                                                                         6

Endnote 4—Amendment history                                                                                                       7

 


1  Name

                   This instrument is the Social Security (Coronavirus Economic Response—2020 Measures No. 1) Determination 2020.

2  Commencement

             (1)  Each provision of this instrument 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 instrument

At the same time as Schedule 11 to the Coronavirus Economic Response Package Omnibus Act 2020 commences.

25 March 2020

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under item 40A of Schedule 11 to the Coronavirus Economic Response Package Omnibus Act 2020.

4  Modifications

                   Each modification of the operation of a provision of a social security law (within the meaning of the Social Security Act 1991) as set out in a Schedule to this instrument is determined for the purposes of item 40A of Schedule 11 to the Coronavirus Economic Response Package Omnibus Act 2020.

Schedule 1Modifications of the Social Security Act 1991

  

1  Variation of section 500

Section 500 of the Social Security Act 1991 is varied by adding the following subsection:

             (5)  Paragraph (1)(d) does not apply to a person during the period covered by subsection 504(2).

2  Disapplication of paragraph 540BA(1)(b)

Paragraph 540BA(1)(b) of the Social Security Act 1991 does not apply.

3  Variation of section 547B

Subsection 547B(2) of the Social Security Act 1991 is varied by omitting the words “who is not undertaking full‑time study and is not a new apprentice”.

7  Variation of section 557

Subsection 557(1) of the Social Security Act 1991 is varied by omitting the words “and the person is not undertaking full‑time study and is not a new apprentice”.

8  Variation of section 573

Section 573 of the Social Security Act 1991 is varied by:

                     (a)  inserting the word “(1)” before the word “An”; and

                     (b)  by adding the following subsection at the end of the section (after the note):

             (2)  Subsection (1) does not apply to a person during the period covered by subsection 557(2).

Schedule 2Modifications of the Social Security (Administration) Act 1999

  

1  Variation of section 13

Section 13 of the Social Security (Administration) Act 1999 is varied by inserting the following subsections after subsection (3A):

          (3B)  For the purposes of the social security law, if:

                     (a)  an unsuccessful attempt is made to contact the Department by or on behalf of a person in relation to a claim for a social security payment on a particular day (the attempted contact day); and

                     (b)  the attempted contact day occurs during the period starting on 23 March 2020 and ending on 28 March 2020; and

                     (c)  the Department is contacted by or on behalf of the person in relation to the claim no later than 29 March 2020; and

                     (d)  the person:

                              (i)  is, on the attempted contact day, qualified for the social security payment; or

                             (ii)  becomes, on a later day, qualified for the social security payment; and

                     (e)  the person lodges a claim for the social security payment no later than 8 May 2020;

the person is taken to have made a claim for the social security payment:

                      (f)  if the person was qualified for the payment on the attempted contact day—on 23 March 2020; or

                     (g)  if the person was qualified for the payment on a later day—on the later day.

          (3C)  For the purposes of the social security law, if:

                     (a)  the Department is contacted by or on behalf of a person in relation to a claim for a social security payment on a particular day (the contact day); and

                     (b)  the contact day occurs during the period starting on 23 March 2020 and ending on 29 March 2020; and

                     (c)  the person:

                              (i)  is, on the contact day, qualified for the social security payment; or

                             (ii)  becomes, on a later day, qualified for the social security payment; and

                     (d)  the person lodges a claim for the social security payment no later than 8 May 2020;

the person is taken to have made a claim for the social security payment:

                     (e)  if the person was qualified for the payment on the contact day—on 23 March 2020; or

                      (f)  if the person was qualified for the payment on a later day—on the later day.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Social Security (Coronavirus Economic Response—2020 Measures No. 1) Determination 2020

25 Mar 2020 (F2020L00310)

25 Mar 2020 (s 2(1) item 1)

 

Social Security (Coronavirus Economic Response—2020 Measures No. 9) Determination 2020

17 Apr 2020 (F2020L00440)

Sch 2 (item 1): 30 Mar 2020 (s 2(1) item 1)

Social Security (Coronavirus Economic Response—2020 Measures No. 7) Determination 2020

1 May 2020 (F2020L00545)

Sch 2: 25 Mar 2020 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.............................................

rep LA s 48D

Schedule 1

 

item 4........................................

rep F2020L00545

item 5........................................

rep F2020L00545

item 6........................................

rep F2020L00545

item 9........................................

rep F2020L00545

item 10......................................

rep F2020L00545

item 11......................................

rep F2020L00545

Schedule 2

 

item 1........................................

am F2020L00440