Social Services Legislation Amendment (Energy Assistance Payment and Pensioner Concession Card) Bill 2017 No., 2017

Transcription

1 0-0 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Social Services Legislation Amendment (Energy Assistance Payment and Pensioner Concession Card) 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 Energy assistance payment Part Social security amendments Social Security Act Social Security (Administration) Act Part Veterans entitlements amendments Veterans Entitlements Act Part Taxation amendments Income Tax Assessment Act Schedule Pensioner concession card Part Social security amendments Social Security Act Social Security (Administration) Act Part Veterans entitlements amendments Veterans Entitlements Act No., 0 Social Services Legislation Amendment (Energy Assistance Payment 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 is the Social Services Legislation Amendment (Energy Assistance Payment and Pensioner Concession Card) 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 (Energy Assistance Payment

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 The day this Act receives the Royal Assent.. Schedule October 0. October 0 Note: This table relates only to the provisions of this Act as originally enacted.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 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 (Energy Assistance Payment No., 0

7 Energy assistance payment Schedule Social security amendments Part 0 0 Schedule Energy assistance payment Part Social security amendments Social Security Act Before paragraph ()(z) (yk) a one-off energy assistance payment under Part IIIF of the Veterans Entitlements Act; Before Part. Part. One-off energy assistance payment 00 One-off energy assistance payment () A person is qualified for a one-off energy assistance payment if: (a) age pension, disability support pension or pension PP (single) is payable to the person on 0 June 0; and (b) that pension is so payable because of a claim the person made on or before 0 June 0; and (c) the person is residing in Australia on 0 June 0. More than one entitlement under this section () A person may receive one payment only under this section, regardless of how many times the person qualifies under this section. More than one entitlement under this section and the Veterans Entitlements Act () If a payment under Part IIIF of the Veterans Entitlements Act is paid to a person, no payment under this section can be paid to the person. No., 0 Social Services Legislation Amendment (Energy Assistance Payment

8 Schedule Energy assistance payment Part Social security amendments 0 Amount of one-off energy assistance payment The amount of a person s one-off energy assistance payment under section 00 is worked out using the following table, having regard to the person s situation on 0 June 0: Energy assistance payment Item Person s situation on 0 June 0 Not a member of a couple $ Partnered $.0 Member of an illness separated couple Amount of one-off energy assistance payment $ Member of a respite care couple $ Partnered (partner in gaol) $ Note: For member of a couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section. 0 Subsection () (after table item E) F ABG (debts in respect of one-off energy assistance payments) After section ABF deductions legal proceedings garnishee notice repayment by instalments, A ABG Debts in respect of one-off energy assistance payments () If: (a) after a one-off energy assistance payment under Part. is paid to a person, an underlying determination in relation to the person, at least so far as it relates to 0 June 0 or to a period that includes that day, is or was (however described) changed, revoked, set aside, or superseded by another determination; and Social Services Legislation Amendment (Energy Assistance Payment No., 0

9 Energy assistance payment Schedule Social security amendments Part (b) the decision to change, revoke, set aside or supersede the underlying determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information; and (c) had the change, revocation, setting aside or superseding occurred on or before 0 June 0, the one-off energy assistance payment would not have been paid; the amount of the one-off energy assistance payment is a debt due to the Commonwealth by the person. () For the purposes of this section, an underlying determination in relation to a person is a determination made under Part of the Administration Act because of which age pension, disability support pension or pension PP (single) was payable to the person. () Apart from section AA, the other provisions of this Part under which debts arise do not apply in relation to one-off energy assistance payments under Part.. Social Security (Administration) Act Before section B AC One-off energy assistance payment A claim is not required for a one-off energy assistance payment under Part. of the Act. Subsection () (after paragraph (gd) of the definition of lump sum benefit) (ge) one-off energy assistance payment under Part. of the Act; or After section AB No., 0 Social Services Legislation Amendment (Energy Assistance Payment

10 Schedule Energy assistance payment Part Social security amendments AC Payment of one-off energy assistance payment If a person is qualified for a one-off energy assistance payment under Part. of the Act, the Secretary must pay the payment to the person in a single lump sum: (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and (b) in such manner as the Secretary considers appropriate. Social Services Legislation Amendment (Energy Assistance Payment No., 0

11 Energy assistance payment Schedule Veterans entitlements amendments Part 0 0 Part Veterans entitlements amendments Veterans Entitlements Act Before paragraph H()(zzb) (zzaj) a one-off energy assistance payment under Part IIIF; After Part IIIE Part IIIF One-off energy assistance payment One-off energy assistance payment this Act Service pension or income support supplement () A person is eligible for a one-off energy assistance payment if: (a) service pension or income support supplement is payable to the person on 0 June 0; and (b) service pension or income support supplement is so payable because of a claim the person made on or before 0 June 0; and (c) the person is residing in Australia on 0 June 0. () The amount of a person s one-off energy assistance payment under subsection () is worked out using the following table, having regard to the person s situation on 0 June 0: Energy assistance payment Item Person s situation on 0 June 0 Not a member of a couple $ Partnered $.0 Member of an illness separated $ Amount of one-off energy assistance payment No., 0 Social Services Legislation Amendment (Energy Assistance Payment

12 Schedule Energy assistance payment Part Veterans entitlements amendments Energy assistance payment Item Person s situation on 0 June 0 couple Member of a respite care couple $ Amount of one-off energy assistance payment Note: For member of a couple, partnered, illness separated couple and respite care couple see subsections E() and () and R() and (). 0 0 Pension under Part II or IV () A person is eligible for a one-off energy assistance payment if: (a) the person receives for 0 June 0 a pension under Part II or IV at a rate determined under or by reference to section,, or ; and (b) the person s rate of the pension is greater than nil for 0 June 0; and (c) the person is residing in Australia on 0 June 0. () A person is eligible for a one-off energy assistance payment if: (a) the person receives for 0 June 0 a pension under Part II or IV at a rate determined under or by reference to subsection 0(); and (b) the person s rate of the pension is greater than nil for 0 June 0; and (c) the person is residing in Australia on 0 June 0. () For the purposes of subsections () and (), a person is taken to receive a pension under Part II or IV at a rate greater than nil even if the person s rate would be nil, or pension would not be payable, merely because the rate is reduced, or pension is not payable, under Division, or A of Part II or section. () The amount of a person s one-off energy assistance payment under subsection () or () is $. One-off energy assistance payment MRCA Compensation for permanent impairment () A person is eligible for a one-off energy assistance payment if: Social Services Legislation Amendment (Energy Assistance Payment No., 0

13 Energy assistance payment Schedule Veterans entitlements amendments Part (a) the condition in subsection () is met; and (b) the person is residing in Australia on 0 June 0. () The condition is that either or both of the following apply: (a) weekly compensation under Part of Chapter of the MRCA: (i) is payable to the person for 0 June 0; or (ii) would be payable to the person for 0 June 0 apart from paragraph ()(b) of the MRCA and offsetting described in subsection () of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 00; (b) before 0 June 0 the person received lump sum compensation under Part of Chapter of the MRCA. Special Rate Disability Pension () A person is eligible for a one-off energy assistance payment if: (a) Special Rate Disability Pension under the MRCA: (i) is payable to the person for 0 June 0; or (ii) would be payable to the person for 0 June 0 apart from section 0, and paragraph ()(b), of the MRCA; and (b) the person is residing in Australia on 0 June 0. Compensation for wholly dependent partners () A person is eligible for a one-off energy assistance payment if: (a) the condition in subsection () is met; and (b) the person is residing in Australia on 0 June 0. () The condition is that either or both of the following apply: (a) weekly compensation under Division of Part of Chapter of the MRCA either: (i) is payable to the person for 0 June 0; or (ii) would be payable to the person for 0 June 0 apart from paragraph ()(b) of the MRCA; (b) before 0 June 0 the person received lump sum compensation under Division of Part of Chapter of the No., 0 Social Services Legislation Amendment (Energy Assistance Payment

14 Schedule Energy assistance payment Part Veterans entitlements amendments 0 0 MRCA and subsection () of the MRCA has not applied to the person before 0 June 0. Amount of one-off energy assistance payment () The amount of a person s one-off energy assistance payment under this section is $. A One-off energy assistance payment Safety, Rehabilitation and Compensation Act () A person is eligible for a one-off energy assistance payment if: (a) at any time, the person has received a payment of compensation under section of the Safety, Rehabilitation and Compensation Act ; and (b) the payment was made because of a defence-related claim (within the meaning of Part XI of that Act) the person made on or before 0 June 0; and (c) the person is residing in Australia on 0 June 0. Amount of one-off energy assistance payment () The amount of a person s one-off energy assistance payment under this section is $. B More than one entitlement More than one entitlement under this Part () A person may receive one payment only under this Part, regardless of how many times the person becomes eligible under this Part. More than one entitlement under this Part and the Social Security Act () If a payment under Part. of the Social Security Act is paid to a person, no payment under this Part can be paid to the person. 0 Social Services Legislation Amendment (Energy Assistance Payment No., 0

15 Energy assistance payment Schedule Veterans entitlements amendments Part 0 C Claim not required for one-off energy assistance payment A claim is not required for a one-off energy assistance payment under this Part. D Payment of one-off energy assistance payment If a person is eligible for a one-off energy assistance payment under this Part, the Commission must pay the payment to the person in a single lump sum: (a) on the date that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be made; and (b) in such manner as the Commission considers appropriate. No., 0 Social Services Legislation Amendment (Energy Assistance Payment

16 Schedule Energy assistance payment Part Taxation amendments 0 0 Part Taxation amendments Income Tax Assessment Act 0 Section - (table item headed social security or like payments ) energy assistance payment, one-off payment under the Social Security Act energy assistance payment, one-off payment under the Veterans Entitlements Act... - After paragraph -0()(ab) (ac) one-off energy assistance payment under the Social Security Act ; or After subsection -0(AB) (AC) One-off energy assistance payments under Part. of the Social Security Act are exempt from income tax. Section -0 (after table item ) 0 One-off energy assistance payment After paragraph -()(ba) Part. Not applicable Not applicable (c) one-off energy assistance payments under the Veterans Entitlements Act ; or After subsection -(G) Social Services Legislation Amendment (Energy Assistance Payment No., 0

17 Energy assistance payment Schedule Taxation amendments Part (GA) One-off energy assistance payments under Part IIIF of the Veterans Entitlements Act are exempt from income tax. Section - (after table item ) A One-off energy assistance payment Part IIIF Not applicable No., 0 Social Services Legislation Amendment (Energy Assistance Payment

18 Schedule Pensioner concession card Part Social security amendments 0 0 Schedule Pensioner concession card Part Social security amendments Social Security Act After subsection 0ZA(A) (B) Subject to subsection (), a person is qualified for a pensioner concession card on a day if: (a) immediately before January 0, the person was receiving a social security pension; and (b) the Secretary is satisfied that the rate of that pension was nil on January 0 because of the operation of the amendments made by Part of Schedule to the Social Services Legislation Amendment (Fair and Sustainable Pensions) Act 0; and (c) the person is not otherwise qualified for a pensioner concession card on that day. Subsection 0ZA() Omit subsection (), substitute subsections () and (). Subsection 0ZA() After subsections (),, insert (B),. Paragraph 0ZA()(b) Omit scheduled international agreement, substitute scheduled international social security agreement. At the end of section 0ZA Add: () In spite of subsection (), if: (a) paragraphs (B)(a), (b) and (c) are satisfied in relation to a person; and Social Services Legislation Amendment (Energy Assistance Payment No., 0

19 Pensioner concession card Schedule Social security amendments Part 0 0 (b) the person was receiving the social security pension immediately before January 0 solely because of the operation of the scheduled international social security agreement between Australia and New Zealand; subsection (B) applies to a person in relation to a day on which the person is in Australia. Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to weeks (see Division ). Subdivision A of Division of Part A. (heading) Repeal the heading, substitute: Subdivision A Qualification for automatic issue health care card Subsections 0ZO(), () and () Omit Subject to sections 0ZRA and 0ZRB, this section, substitute This section. Sections 0ZRA and 0ZRB Repeal the sections. Social Security (Administration) Act Subsection () Omit subsections () to (), substitute subsections () and (). 0 Subsection () Repeal the subsection. Subsection A(A) Repeal the subsection. Subsection 0B() (at the end of the definition of section 0ZA pensioner concession card) Add (except under subsection (B) of that section). No., 0 Social Services Legislation Amendment (Energy Assistance Payment

20 Schedule Pensioner concession card Part Social security amendments Subsection 0A() Omit or 0ZRA() or (). Paragraphs 0C()(a) and ()(a) Omit or 0ZRA() or (). Subclauses () and () of Schedule Repeal the subclauses. Social Services Legislation Amendment (Energy Assistance Payment No., 0

21 Pensioner concession card Schedule Veterans entitlements amendments Part 0 Part Veterans entitlements amendments Veterans Entitlements Act After subsection A() (A) A person is eligible for fringe benefits if: (a) immediately before January 0, the person was receiving a service pension or income support supplement; and (b) the Commission is satisfied that the rate of that pension or supplement was nil on January 0 because of the operation of the amendments made by Part of Schedule to the Social Services Legislation Amendment (Fair and Sustainable Pensions) Act 0; and (c) the person is not otherwise eligible under this section for fringe benefits. No., 0 Social Services Legislation Amendment (Energy Assistance Payment