Social Security Legislation Rewrite Bill PCO note on changes in RT Bill - PCO v 20.0

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1 Social Security Legislation Rewrite Bill PCO note on changes in RT Bill - PCO v 20.0 Summary Table 1 More significant changes (as recommended in the departmental report) clauses 27, 28 (page 41) (and other identified clauses) now refer to health practitioners prescribed by regulations made under new clause 397(1)(aa) on page 217 (see also page 329 definition in Schedule 2 of prescribed health practitioner ) so enabling nurse practitioners to be prescribed for particular purposes or functions, eg, jobseeker support applications certificates about how a health conditions affect the applicant s capacity for work clause 42 (page 47) about supported child s payment is aligned more closely with the 1964 Act ss 28 and 29 the required inability to care, or provide fully for support, must be linked to stated circumstances (parents being dead, missing, or having a long term serious disablement, or breakdown in child s family) clause 179 (page 112) shared care of dependent child each parent has primary responsibility for at least 40% of the time - primary parent becomes primarily responsible parent this rewording is to make it clearer the child is (in assessing the benefit and rate of benefit of each parent) treated as a dependent child of the primarily responsible parent only clauses 410, 419, 421(4), 510 (pages 225, 234, 237, 277) regulation-making provisions, related to exemptions and mandatory redirection of payments, are adjusted, to respond to RRC concerns, and to submissions, by adding purpose statements, recommendation preconditions (requiring consideration of Act s purpose and principles, and purpose and needed width of exemption), and consultation precondition as additional safeguard Schedule 1, clause 12A (page 293) saving - for reviews or appeals about entitlement, ensures step-parents who received or applied for 1964 Act orphan s benefit, and are transferred to or taken to have been granted new supported child s payment, are eligible caregivers under clause 43 (despite contrary wording in clause 43(b) and definition of parent in Sch 2) Schedule 1, clause 14A (page 294) accommodation supplement: special rate due to prechangeover application, appeal, proceedings, or payments based on in-force pre-changeover definition of accommodation supplement areas if Sch 1 clause 53 validation (page 308) does not apply ensures continuation of pre-changeover rate until stated end date (ie, change of primary residence, ineligibility, or change of area due to later redefinition) Summary Table 2 Updates to the Bill as a result of recent amendments to 1964 Act Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 (youth services changes dealt with by Committee earlier in 2016 some still latent) Taxation (Annual Rates for , Research and Development, and Remedial Matters) Act 2016 excluding from clause 176 (failure to assist child support) (page 110) full time students jobseeker support between academic years (clause 25(3) or (4) page 40) Customs and Excise (Tobacco Products Budget Measures) Amendment Act 2016 CPI Social Security (Long-term Residential Care) Amendment Regulations 2016 figures updated

2 2 This PCO note contains these 3 tables: Table 1 More significant changes (as recommended in the departmental report): Table 2 Updates to the Bill as a result of recent amendment Acts: Table 3 Minor drafting changes or corrections (illustrative list only) Consequential changes are also made eg, in Schs 10 (amendments) and 12 (comparative tables) Table 1 More significant changes (as recommended in the departmental report) 27, 28 (page 41) 36 (page 44) 40 (page 46) reworded so reference is to health practitioner acting within scope of practice and prescribed by regulations made under new cl 397(1)(aa) on page 217 (see also page 329 definition in Schedule 2 of prescribed health practitioner)) enables nurse practitioners to be prescribed as appropriate eg, certificates 41 (page 47) 42 (page 47) supported child s payment wording follows more closely 1964 Act ss 28 and 29 inability to care, or provide fully for support, must be linked to stated circumstances 70, 71, 78 (pages 58, 60) 120, 149, 152 (pages 79, 91, 95) reworded so reference is to health practitioner acting within scope of practice and prescribed by regulations made under new cl 397(1)(aa) on page 217 (see also page 329 definition in Schedule 2 of prescribed health practitioner) enables nurse practitioners to be prescribed as appropriate 179 (page 111-2) shared care of dependent child each parent has primary responsibility for child for at least 40% of the time - primary parent becomes primarily responsible parent rewording to make it clearer the child is (in assessing the benefit and rate of benefit of each parent) treated as a dependent child of the primarily responsible parent only 410 (pages 225-6) new cl 410(2) to (4) makes clear purpose of exemption regs made under cl 410(1)(e) specifying grounds on which, and any circumstances in which, it would be inappropriate for the people concerned to be subject to, and liable to sanctions for failing to meet, the work-test and other obligations concerned change responds to RRC comments also recommendation preconditions Minister to have regard to Act s purpose and principles, purpose of obligations and of regulations, and be satisfied that exemption only of width needed

3 3 Table 1 More significant changes (as recommended in the departmental report) (Cont.) 419 (pages 234-5) new cl 419(3) to (5) makes clear purpose of exemption regs made under cl 419(1) and (2)(a) specifying grounds on which, and circumstances in which, it would be inappropriate for people concerned to be subject to a stand down change responds to RRC comments also recommendation preconditions Minister to have regard to Act s purpose and principles, purpose of stand down and of regulations, and be satisfied that exemption only of width needed 421(4) (page 237) If payments regs provide for mandatory redirection - additional safeguard - requirement for Minister to consult with persons or organisations the Minister considers appropriate, having regard to the subject matter of the regs 510 (page 277-8) new cl 510(1A) to (1C) makes clear purpose of exemption regs made under cl 510(1)(a) specifying a class or classes of persons who, because of their circumstances (for example, a requirement to undergo compulsory treatment), should be liable to contribute to the cost of their LTR care only the amount of any benefit that they receive, less the personal allowance change responds to RRC comments also recommendation preconditions Minister to have regard to purpose of Part (to be new Residential Care and Disability Support Services Act), purpose of cl 460 (exempt person liable to contribute benefit only) and of regulations, and be satisfied that exemption only of width needed Sch 1, cl 12A (page 293) Sch 1, cl 14A (page 294) saving - for reviews or appeals about entitlement, ensures step-parents who received or applied for 1964 Act orphan s benefit, and transferred to or taken to have been granted supported child s benefit are eligible caregivers under cl 43 (despite contrary wording in cl 43(b) and definition of parent in Sch 2) accommodation supplement: special rate because of pre-changeover application, appeal, proceedings, or payments based on in-force prechangeover definition of areas if cl 53 validation (page 308) does not apply ensures continuation of pre-changeover rate until stated end date

4 4 Table 2 Updates to the Bill as a result of recent amendments to 1964 Act 2(6) and (7) (page 26) 150 and 153 (pages 92 and 96) Sch 1, cls (pages ) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 s in this 2016 Amendment Act are included in this Bill (to the extent these changes were not already in Bill as introduced) some are yet to come into force a commencement order (LI 2016/194) brings into force on 25 October 2016 the changes that did not commence on 8 July 2016 See also the related changes to cls 147, 149, 151, 152, 259A, 259B, 320, 321, 323, 324A, 378, 388, 389, 397, Sch 1 (cls 26A, 26B, 38(3), and 61), and Sch (1)(b)(iii) (page 110) 432(2A) (page 246) 511(2A) (page 279) Sch 14 cl 1(2) and (3), and cl 5, definition of income-fromassets exemption, paras (a) to (c) Taxation (Annual Rates for , Research and Development, and Remedial Matters) Act 2016 s 70 as commenced on 1 March 2016 and inserting new s 70A(1)(b)(v) of the 1964 Act Customs and Excise (Tobacco Products Budget Measures) Amendment Act 2016 Indexation changes in this 2016 Amendment Act are included in this Bill (as these changes were not in Bill as introduced) they ensure tobacco product price increases (including those resulting from increases in duties) are excluded from required CPI-indexation of, or related to, social assistance Social Security (Long-term Residential Care) Amendment Regulations update amounts to reflect amendments made on 1 July 2016 by reg 3 to the applicable asset thresholds (for long-term residential care); and the income-from-assets exemption (for income assessments for that care) (pages 458, 461)

5 5 Table 3 Minor drafting changes or corrections (illustrative list only) 2(2)(e), (i) directions and orders to align with cl 423(2)(c) and Sch 6 cl 18(1) and (2) (page 25) 9(5) (page 32) simplify by deleting para (b) 21(3)(c) (page 39) fully offset replaced with reduce to zero cf cls 47(1)(b) and (2) (page 49) and 219(1)(b) (page 131) and see also cls 24(1)(b) and (2) (page 40), 54(1)(b) and (2) (page 51), 55(b) (pages 51-52), and Sch 1 cl 10 (pages 285 and 292) 22(a) (page 39) 22(b)(ii) (page 39) align better with 1964 Act s 88B(1) and improve expression align better with 1964 Act s 88B(1) 24 (page 40) no or minimum income clarification see also cls 20(e), 45(e), 47, 52(1)(d), 54 (pages 38, 48, 50, 51) 25 (page 40) align better with 1964 Act s 88C(3) 26(a) (page 40) align better with 1964 Act s 88D 41(1) (page 47) make clear examination of person cared for may be for review under subpart 3 of Part 6 of supported living payment on ground of caring for another person 48, 55 (pages 49 and 51) support gap becomes parental support gap as deptl report (para 33) recommends 60 (page 54) align better with 1964 Act s 61CC(3) 62(1)(b) and (2) (pages 54-5) 63(b)(iii) (page 55) 100(2)(c) (page 73) deletion of redundant ref to and def of income-related rent also in Sch 2 insert ref to or spouse or partner to align better with 1964 Act s 61EA(4)(b) correction updating reference to corresponding prov of Rewrite Bill 132 (page 84) align better with 1964 Act s 102A(1)(f)

6 6 Table 3 Minor drafting changes or corrections (illustrative list only) (Cont.) 172 (pages 107-8) simply defined terms for overseas pensions and align better with 1964 Act s 70 see also consequential changes to cl 173 refs and deletion of Sch 2 def of qualifying overseas pension replaced by overseas pension 175A (page 109) fills gap by re-enacting proviso to 1964 Act s 70(1) 176(2)(c) (page 110) reworded to align better with Child Support Act 1991 s (page 122) supply missing word - an order made under section (4)(b) (page 123) 228(2)(a) (page 134) simplifies an agreement or convention to an agreement (for example, a convention) abatement replaced with reduction but see also Sch 2 new def of abatement rate (page 314) and cl 229(2) and (3) (page 134),230(3)(a) and 231(3)(a) (page 135), 402(1)(f) (page 219) 263 (page 148) base rate changed to applicable rate to align better with Part 5 of Sch 4 recognised community activities replaced with recognised voluntary work (as defined in Sch 2) to make label clearer and more helpful see also consequential changes to cl 254(5)(b), 303(1)(b), and Sch (page 160) reworded so duty to determine is triggered by the making of the claim an important clarification given the cl 279 duty to inquire is subject to exceptions 286(3) (page 161) fill gap refer also to further information gathering prov relevant to review cl 41 (supported living payment: on ground of caring for another person: medical examination of person being cared for) see also change to cl 41(1) 326(1) (page 177) some or all replaced with all or part of 1 or more instalments of a benefit - for consistency cf cls 338(2)(a) and (b) (page 182) and 421(2)(a) (page 236) 337(4)(a) (page 182) 338(2)(a) and (b) (page 182) 359(2)(c) (page 192) first reference to S replaced with B compare 1964 Act s 86(3) this correction is necessary because the subsection is about recovery from B some or all replaced with all or part of a proportion of a benefit - for consistency cf cls 337(4)(a) and (b) (page 182) and 421(2)(a) (page 236) align better with 1990 Act s 19(1)(c)

7 7 Table 3 Minor drafting changes or corrections (illustrative list only) (cont.) 389 (pages 210-1) align better with 1964 Act s 12S 397(2) (page 218) before for any other matters contemplated by this Act, insert providing ensures use of standard wording for this general residual power 415(3)(c) (page 231) 421(2)(a) (page 236) 424(m) (page 241) 428(1), 429(1), and 430(1) (pages 242-3) 428(2)(a)(iii) (page 242) 439(f) (page 252) an order made supplies missing word some or all replaced with all or part of 1 or more instalments of a benefit - for consistency cf cls 326(1) (page 177), 338(2)(a) and (b) (page 182) delete space between the Crown and, (a do not show change) a comma is inserted after Order in Council for consistency achieve original policy intent (no intent to override ETA 2002 requirement for consent to use of electronic means for giving notices or other documents) delete to at start of this paragraph (duplicating to at end of stem above) 441 (page 254) long-term residential care or LTR care definition is put in alphabetical order 441 (page 254) definition of Minister is inserted to fill gap ensures Part 9 is self-contained 442(5) (pages 255-6) simplify by deleting para (b) 450 (page 257) indefinite LTR care is replaced with LTR care indefinitely for clarity ( indefinite can mean vague) and to align better with 1964 Act s , 452, 458, 489, 492 (pages 257, 258, 259, 268, ) contribution cap and under cap cost and over cap cost replaced with cost of LTR care or maximum contribution or difference between maximum contribution and cost simplifies consequential changes in cl (page 261) indefinite LTR care is replaced with LTR care indefinitely for clarity ( indefinite can mean vague) and to align better with 1964 Act s 137(3)

8 8 Table 3 Minor drafting changes or corrections (illustrative list only) (Cont.) 474(1)(a) (pages 262-3) 481(2)(a) (page 265) Sch 1, cl 2(6) (page 288) Sch 1, cl 4(2), 6(2) minor rewording for clarity and readability indefinite LTR care is replaced with LTR care indefinitely for clarity ( indefinite can mean vague) and to align better with 1964 Act s 151 clarifies old references to be read as new (in line with cl 9) an order made supplies missing word (pages 289, 291) Sch 1, cl 28A fill gap re-enacts 1964 Act s 71A(4) wrongly omitted from Bill as introduced (page 298) Sch 1, cl 47(3) (page 304) Sch 1, cl 65(3)(a), (b) (pages 311-2) Sch 2, definition of benefit, paragraph (a)(i), (iii), and (iv) (pages 315-6) Sch 2,definition of CYPFA order or agreement, paras (a), (b), and (c) (page 318) Sch 6, cl 3(a)(i) (f)(i) (page 363-4) Sch 11, identified changes (pages (page ) correction of cross-reference reworded to enhance readability, redundant words deleted insert missing word made after by an order before under section insert missing word made insert missing word made after by an order corrections, deletions, and additions (eg, updating, simplifying, aligning)