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Determinations/Social Security as amended, taking into account amendments up to Social Security (Coronavirus Economic Response—2020 Measures No. 14) Determination 2020
Administered by: Treasury
Registered 02 Sep 2020
Start Date 31 Aug 2020
Date of repeal 31 Dec 2020
Repealed by Coronavirus Economic Response Package Omnibus Act 2020
Repealing Comments Repeal of enabling provision by Schedule 11, item 40A(6).
Table of contents.

 

Commonwealth Coat of Arms

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

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

Compilation No. 1

 

Compilation date:                              31 August 2020

Includes amendments up to:            Social Security (Coronavirus Economic Response—2020 Measures No. 14) Determination 2020 [F2020L01093]

 

About this compilation

 

This compilation

This is a compilation of the Social Security (Coronavirus Economic Response—2020 Measures No. 7) Determination 2020 that shows the text of the law as amended and in force on 31 August 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.

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............ Schedule 1—Modifications........................................................................................... 1

5............ Schedule 2—Amendments............................................................................................ 1

Schedule 1—Modifications of the Social Security Act 1991                                                   2

Schedule 2—Amendments                                                                                                                          8

Endnotes                                                                                                                                                                 9

Endnote 1—About the endnotes                                                                                                        9

Endnote 2—Abbreviation key                                                                                                          10

Endnote 3—Legislation history                                                                                                       11

Endnote 4—Amendment history                                                                                                     12

 

 


1  Name

                   This instrument is the Social Security (Coronavirus Economic Response—2020 Measures No. 7) 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

Immediately after 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  Schedule 1—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 Schedule 1 to this instrument is determined for the purposes of item 40A of Schedule 11 to the Coronavirus Economic Response Package Omnibus Act 2020.

5  Schedule 2—Amendments

                   Each instrument that is specified in Schedule 2 to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.

Schedule 1Modifications of the Social Security Act 1991

  

1  Variation of section 500WA

Section 500WA of the Social Security Act 1991 is varied by:

                     (a)  omitting the words “(2) and (4)” from subsection (1) and substituting the words “(2), (4) and (5); and

                     (b)  omitting subsection (4) and substituting the following subsections:

             (4)  If a person was subject to an ordinary waiting period under subsection (1) on 24 March 2020, then the ordinary waiting period for the person is taken, for the purposes of clause 5 of Schedule 2 to the Administration Act, to have ended on that day.

             (5)  If a person makes a claim for parenting payment during the period covered by subsection 504(2) then, despite subsection (1), the person is not subject to the whole of the ordinary waiting period.

2  Variation of section 500X

Section 500X of the Social Security Act 1991 is varied by adding at the end of subsection (6) the words “(even if subsection (1) applied to the person before that period started)”.

3  Variation of section 500Y

Section 500Y of the Social Security Act 1991 is varied by adding the following subsections at the end of the section:

             (3)  Subsection (4) applies if a person would have, apart from the operation of subsection 500X(6), been subject to a newly arrived resident’s waiting period during the period (the relevant period) covered by subsection 504(2).

             (4)  The person is taken, for the purposes of this section, to have been subject to the newly arrived resident’s waiting period (and time continues to run in relation to that period) during the relevant period.

4  Variation of section 500Z

Section 500Z of the Social Security Act 1991 is varied by omitting subsection (4) and substituting the following subsections:

             (4)  Subsection (2) does not apply to a person and is taken to have never applied to a person if, on 25 March 2020, parenting payment was not payable to the person because of the operation of that subsection.

             (5)  If:

                     (a)  a person makes a claim for parenting payment during the period covered by subsection 504(2); and

                     (b)  apart from this subsection, the person would be subject to a seasonal work preclusion period (whether in relation to the claim referred to in paragraph (a) or any other claim under this Act);

then, despite subsection (2) of this section, the person is not subject to the whole of the preclusion period.

5  Variation of section 549A

Section 549A of the Social Security Act 1991 is varied by omitting subsection (8) and substituting the following subsection:

Exception—coronavirus

            (8)        Despite subsection (1), a person is not subject to a liquid assets test waiting period if:

                     (a)  any part of that period occurs during the period starting on 25 March 2020 and ending on 24 September 2020; and

                     (b)  the person claims youth allowance on or before 24 September 2020.

6  Variation of section 549CA

Section 549CA of the Social Security Act 1991 is varied by:

                     (a)  omitting the words “(5) and (6)” from subsection (2) and substituting the words “(5), (6) and (7); and

                     (b)  omitting subsection (6) and substituting the following subsections:

             (6)  If a person was subject to an ordinary waiting period under subsection (2) on 24 March 2020, then the ordinary waiting period for the person is taken, for the purposes of clause 5 of Schedule 2 to the Administration Act, to have ended on that day.

             (7)  If a person makes a claim for youth allowance during the period covered by subsection 557(2) then, despite subsection (2) of this section, the person is not subject to the whole of the ordinary waiting period.

7  Variation of section 549D

Section 549D of the Social Security Act 1991 is varied by omitting subsection (6A) and substituting the following subsection:

Exception—coronavirus

          (6A)  Subsection (1) does not apply to a person during the period covered by subsection 557(2) (even if subsection (1) applied to the person before that period started).

8  Variation of section 549E

Section 549E of the Social Security Act 1991 is varied by:

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

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

             (2)  Subsection (3) applies if a person would have, apart from the operation of subsection 549D(6A), been subject to a newly arrived resident’s waiting period during the period (the relevant period) covered by subsection 557(2).

             (3)  The person is taken, for the purposes of this section, to have been subject to the newly arrived resident’s waiting period (and time continues to run in relation to that period) during the relevant period.

9  Variation of section 553C

Section 553C of the Social Security Act 1991 is varied by omitting subsection (7) and substituting the following subsections:

Exemption for coronavirus

             (7)  Subsection (2) does not apply to a person and is taken to have never applied to a person if, on 25 March 2020, youth allowance was not payable to the person because of the operation of that subsection.

             (8)  If:

                     (a)  a person makes a claim for youth allowance during the period covered by subsection 557(2); and

                     (b)  apart from this subsection, the person would be subject to a seasonal work preclusion period (whether in relation to the claim referred to in paragraph (a) or any other claim under this Act);

then, despite subsection (2) of this section, the person is not subject to the whole of the preclusion period.

10  Variation of section 575A

Section 575A of the Social Security Act 1991 is varied by adding the following subsection at the end of the section:

Exception—coronavirus

            (5)        Despite subsection (1), a person is not subject to a liquid assets test waiting period if:

                     (a)  any part of that period occurs during the period starting on 25 March 2020 and ending on 24 September 2020; and

                     (b)  the person claims austudy payment on or before 24 September 2020.

11  Variation of section 575D

Section 575D of the Social Security Act 1991 is varied by inserting the following subsection after subsection (2):

Exception—coronavirus

          (2A)  Subsection (1) does not apply to a person during the period covered by subsection 557(2) (even if subsection (1) applied to the person before that period started).

12  Variation of section 575E

Section 575E of the Social Security Act 1991 is varied by:

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

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

             (2)  Subsection (3) applies if a person would have, apart from the operation of subsection 575D(2A), been subject to a newly arrived resident’s waiting period during the period (the relevant period) covered by subsection 557(2).

             (3)  The person is taken, for the purposes of this section, to have been subject to the newly arrived resident’s waiting period (and time continues to run in relation to that period) during the relevant period.

13  Variation of section 575EA

Section 575EA of the Social Security Act 1991 is varied by adding the following subsections at the end of the section (after the notes):

Exemption for coronavirus

             (4)  Subsection (2) does not apply to a person and is taken to have never applied to a person if, on 25 March 2020, an austudy payment was not payable to the person because of the operation of that subsection.

             (5)  If:

                     (a)  a person makes a claim for austudy payment during the period covered by subsection 557(2); and

                     (b)  apart from this subsection, the person would be subject to a seasonal work preclusion period (whether in relation to the claim referred to in paragraph (a) or any other claim under this Act);

then, despite subsection (2) of this section, the person is not subject to the whole of the preclusion period.

14  Variation of section 598

Section 598 of the Social Security Act 1991 is varied by omitting subsection (8C) and substituting the following subsection:

            (8C)     Despite subsection (1), a person is not subject to a liquid assets test waiting period if:

                     (a)  any part of that period occurs during the period starting on 25 March 2020 and ending on 24 September 2020; and

                     (b)  the person claims a jobseeker payment on or before 24 September 2020.

15  Variation of section 620

Section 620 of the Social Security Act 1991 is varied by:

                     (a)  omitting the words “(4) and (5)” from subsection (1) and substituting the words “(4), (5) and (6); and

                     (b)  omitting subsection (5) and substituting the following subsections:

             (5)  If a person was subject to an ordinary waiting period under subsection (1) on 24 March 2020, then the ordinary waiting period for the person is taken, for the purposes of clause 5 of Schedule 2 to the Administration Act, to have ended on that day.

             (6)  If a person makes a claim for jobseeker payment during the period covered by subsection 646(2) then, despite subsection (1), the person is not subject to the whole of the ordinary waiting period.

16  Variation of section 623A

Section 623A of the Social Security Act 1991 is varied by adding at the end of subsection (10) the words “(even if subsection (1) applied to the person before that period started)”.

17  Variation of section 623B

Section 623B of the Social Security Act 1991 is varied by adding the following subsections at the end of the section:

             (4)  Subsection (5) applies if a person would have, apart from the operation of subsection 623A(10), been subject to a newly arrived resident’s waiting period during the period (the relevant period) covered by subsection 646(2).

             (5)  The person is taken, for the purposes of this section, to have been subject to the newly arrived resident’s waiting period (and time continues to run in relation to that period) during the relevant period.

18  Variation of section 633

Section 633 of the Social Security Act 1991 is varied by omitting subsection (7) and substituting the following subsections:

             (7)  Subsection (2) does not apply to a person and is taken to have never applied to a person if, on 25 March 2020, jobseeker payment was not payable to the person because of the operation of that subsection.

             (8)  If:

                     (a)  a person makes a claim for jobseeker payment during the period covered by subsection 646(2); and

                     (b)  apart from this subsection, the person would be subject to a seasonal work preclusion period (whether in relation to the claim referred to in paragraph (a) or any other claim under this Act);

then, despite subsection (2) of this section, the person is not subject to the whole of the preclusion period.

19  Variation of section 739A

Section 739A of the Social Security Act 1991 is varied by:

                     (a)  adding at the end of subsection (10) the words “(even if subsection (1) or (2) of this section applied to the person before that period started)”; and

                     (b)  adding the following subsections at the end of the section:

           (11)  Subsection (12) applies if a person would have, apart from the operation of subsection (10), been subject to a newly arrived resident’s waiting period during the period (the relevant period) covered by subsection 646(2).

           (12)  The person is taken, for the purposes of this section, to have been subject to the newly arrived resident’s waiting period (and time continues to run in relation to that period) during the relevant period.

20  Variation of section 745M

Section 745M of the Social Security Act 1991 is varied by omitting subsection (4) and substituting the following subsections:

             (4)  Subsection (2) does not apply to a person and is taken to have never applied to a person if, on 25 March 2020, special benefit was not payable to the person because of the operation of that subsection.

             (5)  If:

                     (a)  a person makes a claim for special benefit payment during the period covered by subsection 646(2); and

                     (b)  apart from this subsection, the person would be subject to a seasonal work preclusion period (whether in relation to the claim referred to in paragraph (a) or any other claim under this Act);

then, despite subsection (2) of this section, the person is not subject to the whole of the preclusion period.

Schedule 2Amendments

  

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

1  Items 4 to 6 of Schedule 1

Repeal the items.

2  Items 9 to 11 of Schedule 1

Repeal the items.


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.

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

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    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. 14) Determination 2020 

30 August 2020 (F2020L01093)

31 August 2020 (s 2(1) item 1)

 

 

 

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Schedule 1

 

Item 5

am F2020L01093

Item 10

am F2020L01093

Item 14

am F2020L01093