Social Services Legislation Amendment (Budget Repair) Bill 2015 No., 2015

Transcription

1 0-0-0 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Social Services Legislation Amendment (Budget Repair) Bill 0 No., 0 (Social Services) A Bill for an Act to amend the law relating to social security and veterans entitlements, and for related purposes

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3 Contents Short title... Commencement... Schedules... Schedule Proportional payment of pensions outside Australia Social Security Act Schedule Pensioner education supplement Part Main amendments Social Security Act Social Security (Administration) Act Part Other amendments A New Tax System (Family Assistance) Act Farm Household Support Act 0 Income Tax Assessment Act Part Application and saving provisions Schedule Education entry payment Part Main amendments Social Security Act Social Security (Administration) Act Veterans Entitlements Act Part Other amendments Farm Household Support Act 0 Income Tax Assessment Act Income Tax Assessment Act Taxation Administration Act Part Application and saving provisions Schedule Indexation Social Security Act No., 0 Social Services Legislation Amendment (Budget Repair) Bill 0 i

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5 0 A Bill for an Act to amend the law relating to social security and veterans entitlements, and for related purposes The Parliament of Australia enacts: Short title This Act may be cited as the Social Services Legislation Amendment (Budget Repair) Act 0. Commencement () Each provision of this Act specified in column of the table commences, or is taken to have commenced, in accordance with column of the table. Any other statement in column has effect according to its terms. No., 0 Social Services Legislation Amendment (Budget Repair) Bill 0

6 Commencement information Column Column Column Provisions Commencement Date/Details. Sections to and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent.. Schedule January 0. January 0. Schedules and January 0. January 0. Schedule The day this Act receives the Royal Assent. Note: This table relates only to the provisions of this Act as originally enacted.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. 0 () Any information in column 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. 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. Social Services Legislation Amendment (Budget Repair) Bill 0 No., 0

7 Proportional payment of pensions outside Australia Schedule 0 Schedule Proportional payment of pensions outside Australia Social Security Act Subsection () (note ) Omit weeks, substitute weeks. Paragraph 0A(a) Omit weeks, substitute weeks. Paragraph 0B()(a) Omit weeks, substitute weeks. Paragraph ()(a) Omit weeks, substitute weeks. Application provision The amendments made by this Schedule apply in relation to periods of absence from Australia starting on or after the commencement of this item. No., 0 Social Services Legislation Amendment (Budget Repair) Bill 0

8 Schedule Pensioner education supplement Part Main amendments 0 0 Schedule Pensioner education supplement Part Main amendments Social Security Act Subsection () Omit a pensioner education supplement,. Subsection () (subparagraph (l)(v) of the definition of compensation affected payment) Repeal the subparagraph. Subsection () (paragraph (l) of the definition of compensation affected payment) Omit or supplement,. Subsection () (paragraph (m) of the definition of compensation affected payment) Repeal the paragraph, substitute: (m) a fares allowance, where the allowance or payment (the underlying compensation affected payment) mentioned in subparagraph 0ZAAA()(b)(i), (ii) or (iii) is a compensation affected payment to which any of paragraphs (aa) to (k) of this definition applies; or Subsection AB() (note at the end of the definition of approved course of education or study) Repeal the note. Subsection () (definition of independent) Repeal the definition, substitute: independent, in Parts.,.B,.A,.B,. and., has the meaning given by section 0A. Social Services Legislation Amendment (Budget Repair) Bill 0 No., 0

9 Pensioner education supplement Schedule Main amendments Part 0 0 Subsection () (paragraph (cb) of the definition of newly arrived resident s waiting period) Subsection () (paragraph (a) of the definition of payday) Omit, a double orphan pension or a pensioner education supplement, substitute or a double orphan pension. Subsection () (paragraph (a) of the definition of payday) Omit, supplement. 0 Paragraph (AA)(c) Paragraphs (0F)(c) and (d) Omit paragraph 0PB()(b), substitute subsection B(). Section Repeal the section. Subsection 0AA() Repeal the subsection. Subsection 0AA() Omit (). Subparagraph H()(g)(iii) Omit, A(b) or 0PB()(b), substitute or A(b). Subsection 0() Repeal the subsection. Part.A Repeal the Part. At the end of subparagraph 0ZAAA()(b)(iii) Add and. No., 0 Social Services Legislation Amendment (Budget Repair) Bill 0

10 Schedule Pensioner education supplement Part Main amendments 0 0 Subparagraph 0ZAAA()(b)(iv) Repeal the subparagraph. 0 Section Omit, a mobility allowance or a pensioner education supplement, substitute or a mobility allowance. Social Security (Administration) Act Subsection () (paragraph (i) of the definition of supplementary payment) Omit allowance; or, substitute allowance.. Subsection () (paragraph (j) of the definition of supplementary payment) Subsection 0() Repeal the subsection. Paragraph ()(h) Paragraphs (A)(a) and (b) Omit, austudy payment or pensioner education supplement (wherever occurring), substitute or austudy payment. Section TC (paragraphs (i) and (o) of the definition of category I welfare payment) Repeal the paragraphs. Section TC (paragraphs (d) and (i) of the definition of category Q welfare payment) Repeal the paragraphs. Subclause () of Schedule (paragraph (i) of the definition of social security periodic payment) Social Services Legislation Amendment (Budget Repair) Bill 0 No., 0

11 Pensioner education supplement Schedule Main amendments Part Clauses 0 to of Schedule Repeal the clauses. No., 0 Social Services Legislation Amendment (Budget Repair) Bill 0

12 Schedule Pensioner education supplement Part Other amendments 0 Part Other amendments A New Tax System (Family Assistance) Act 0 Subparagraph (A)(b)(i) Omit, ()(c). Paragraph ()(c) Farm Household Support Act 0 Paragraph (i) Income Tax Assessment Act Section -0 (table item A.) Repeal the item. Section -0 (table item A) Repeal the item. Social Services Legislation Amendment (Budget Repair) Bill 0 No., 0

13 Pensioner education supplement Schedule Application and saving provisions Part Part Application and saving provisions Application and saving provisions () Despite the amendments of the definition of compensation affected payment in subsection () of the Social Security Act made by Part of this Schedule, Parts.A and. of that Act continue to apply as if those amendments had not been made. () Despite the amendments made by items,, and, sections, 0AA and 0 of the Social Security Act, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out whether an approved program of work supplement, or language, literacy and numeracy supplement, is payable in respect of a fortnight beginning before that commencement. () Despite the amendment made by item, Part.A of the Social Security Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to days occurring before that commencement. () Despite the amendments made by items and, paragraph 0ZAAA()(b) of the Social Security Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a relevant period that began before that commencement. () Despite the amendment made by item 0, section of the Social Security Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to days occurring before that commencement. () Despite the amendments made by items and, subsections 0() and (A) of the Social Security (Administration) Act, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to the payment of fares allowance on or after that commencement, to the extent that payment is being made because of the receipt of pensioner education supplement. () Despite the amendment made by item, paragraph ()(h) of the Social Security (Administration) Act, as in force immediately No., 0 Social Services Legislation Amendment (Budget Repair) Bill 0

14 Schedule Pensioner education supplement Part Application and saving provisions 0 0 before the commencement of this item, continues to apply on and after that commencement in relation to the payment of pensioner education supplement on or after that commencement. () Despite the amendments of the definitions of category I welfare payment and category Q welfare payment in section TC of the Social Security (Administration) Act made by Part of this Schedule, Part B of that Act continues to apply as if those amendments had not been made. () Despite the amendments made by items 0 and, subparagraph (A)(b)(i) and paragraph ()(c) of the A New Tax System (Family Assistance) Act, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out whether an individual satisfies the work/training/study test, or has recognised study commitments, before, on or after that commencement. (0) Despite the amendment made by item, item A. of the table in section -0 of the Income Tax Assessment Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of pensioner education supplement before, on or after that commencement. 0 Social Services Legislation Amendment (Budget Repair) Bill 0 No., 0

15 Education entry payment Schedule Main amendments Part 0 0 Schedule Education entry payment Part Main amendments Social Security Act Subsection () (subparagraph (l)(iv) of the definition of compensation affected payment) Repeal the subparagraph. Subsection () (paragraph (l) of the definition of compensation affected payment) Omit allowance, payment, substitute allowance,. Part.A Repeal the Part. Subsection () (table item ) Repeal the item. Paragraph ABAAB()(a) Omit or an education entry payment supplement. Paragraph ABAAB()(e) Omit benefit; and, substitute benefit.. Paragraph ABAAB()(h) Section B Repeal the section. Social Security (Administration) Act Subsection () (paragraph (c) of the definition of supplementary payment) No., 0 Social Services Legislation Amendment (Budget Repair) Bill 0

16 Schedule Education entry payment Part Main amendments Subsection () (paragraph (d) of the definition of lump sum benefit) Section TC (paragraph (c) of the definition of household stimulus payment) Veterans Entitlements Act Subsection NB() (paragraph (c) of the definition of compensation affected pension) Omit age; or, substitute age.. Subsection NB() (paragraph (f) of the definition of compensation affected pension) Subsection M() Omit pensions, supplements and payments, substitute pensions and supplements. Paragraph M()(f) Omit supplement;, substitute supplement.. Paragraph M()(i) Subsection M() (note ) Omit pensions, supplements, allowances and payments, substitute pensions and supplements. Subsections M(), () and () Omit, supplement or payment, substitute or supplement. Part VIIAA Repeal the Part. Social Services Legislation Amendment (Budget Repair) Bill 0 No., 0

17 Education entry payment Schedule Other amendments Part 0 0 Part Other amendments Farm Household Support Act 0 0 Paragraph (e) Income Tax Assessment Act Subparagraph 0AAAA()(c)(i) Omit or education entry payment. Subparagraph 0AAAB()(c)(i) Omit or education entry payment. Income Tax Assessment Act Section - (table item headed social security or like payments ) Omit: education entry payment supplement under the Social Security Act Paragraph -(e) Omit purposes;, substitute purposes.. Paragraph -(f) Section -0 Repeal the section, substitute: -0 Payments to a secondary student A * Commonwealth education or training payment made to or on behalf of a student is not exempt from income tax under item.b of the table in section -0. No., 0 Social Services Legislation Amendment (Budget Repair) Bill 0

18 Schedule Education entry payment Part Other amendments Note: The whole or part of a Commonwealth education or training payment may be exempt under Subdivision -E or -F. 0 Paragraph -0()(za) Subsection -0(J) Repeal the subsection. Section -0 Repeal the section. Taxation Administration Act 0 Paragraph -0()(c) in Schedule Omit, - or -0, substitute or -. Social Services Legislation Amendment (Budget Repair) Bill 0 No., 0

19 Education entry payment Schedule Application and saving provisions Part Part Application and saving provisions Application and saving provisions () Despite the amendments of the definition of compensation affected payment in subsection () of the Social Security Act made by Part of this Schedule, Parts.A and. of that Act continue to apply as if those amendments had not been made. () Despite the amendment made by item, Part.A of the Social Security Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the 0 calendar year and earlier calendar years. () Despite the amendments made by items to, sections ABAAB and B of the Social Security Act, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to payments of education entry payment supplement or education entry payment made before, on or after that commencement. () Despite the amendments of the definition of compensation affected pension in subsection NB() of the Veterans Entitlements Act made by Part of this Schedule, Part IIIC of that Act continues to apply as if those amendments had not been made. () Despite the amendment made by item, Part VIIAA of the Veterans Entitlements Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the 0 calendar year and earlier calendar years. () Despite the amendments made by items and, subparagraphs 0AAAA()(c)(i) and 0AAAB()(c)(i) of the Income Tax Assessment Act, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to payments of education entry payment made before, on or after that commencement. () Despite the amendments made by items, and, paragraph -(f) and sections -0 and -0 of the Income Tax Assessment Act, as in force immediately before the No., 0 Social Services Legislation Amendment (Budget Repair) Bill 0

20 Schedule Education entry payment Part Application and saving provisions commencement of this item, continue to apply on and after that commencement in relation to payments of education entry payment made before, on or after that commencement. () Despite the amendment made by item, subsection -0(J) of the Income Tax Assessment Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to payments of education entry payment supplement made before that commencement. Social Services Legislation Amendment (Budget Repair) Bill 0 No., 0

21 Indexation Schedule 0 Schedule Indexation Social Security Act After subsection (AB) Insert: (AC) Amounts under item AAA of the CPI Indexation Table in subsection () are not to be indexed on July 0, July 0 and July 0. After subsection () Insert: (AAA) The amount under item of the CPI Indexation Table in subsection (), to the extent to which that item relates to the amount in column of Table E in point 0A-E of the Pension PP (Single) Rate Calculator, is not to be indexed on July 0, July 0 and July 0. (AAB) Amounts under items AA, AB, and of the CPI Indexation Table in subsection () are not to be indexed on January 0, January 0 and January 0. No., 0 Social Services Legislation Amendment (Budget Repair) Bill 0