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Determinations/Social Security as made
This determination modifies the Social Security Act 1991 to enable persons receiving Youth Allowance who are undertaking full-time study, or new apprentices, to receive the COVID-19 supplement from 27 April 2020; ensure that claimants for parenting payment are able to qualify for the payment where they do not meet the qualifying residence period requirements; and ensure that claimants for Austudy are able to qualify for payment where they do not meet the assets test, or where the liquid assets waiting period, the newly arrived resident’s waiting period or the seasonal workers preclusion period would otherwise apply. This determination also modifies the Social Security (Administration) Act 1999 to enable people who tried to make contact during the period 23 March 2020 to 29 March 2020, or who made contact during this period but did not complete their claim, to be taken to have lodged a claim on 23 March 2020 or the date of eligibility, if later, provided they complete a claim by 19 April 2020.
Administered by: Social Services
Registered 25 Mar 2020
Table of contents.

Commonwealth Coat of Arms of Australia

 

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

I, Anne Ruston, Minister for Families and Social Services, make the following determination.

Dated 25 March 2020

Anne Ruston

Minister for Families and Social Services

 

 

 

  

  


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            4

 


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”.

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

5  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).

6  Variation of section 553C

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

Exemption for coronavirus

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

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).

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

10  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).

11  Variation of section 575EA

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

Exemption for coronavirus

             (4)  Subsection (2) 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 19 April 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 19 April 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.