SOCIAL SECURITY LEGISLATION AMENDMENT (CONCESSION CARDS) ACT 2001
No. 80, 2001

Social Security Legislation Amendment (Concession Cards) Act 2001
No. 80, 2001
Long Title
An Act to amend the social security law and certain other laws in relation to social security concession cards, and for related purposes
[Assented to 30 June 2001] The Parliament of Australia enacts: SOCIAL SECURITY LEGISLATION AMENDMENT (CONCESSION CARDS) ACT 2001
- SECT 1
Short title

This Act may be cited as the Social Security Legislation Amendment (Concession Cards) Act 2001. SOCIAL SECURITY LEGISLATION AMENDMENT (CONCESSION CARDS) ACT 2001
- SECT 2
Commencement

This Act commences on 1 July 2001. SOCIAL SECURITY LEGISLATION AMENDMENT (CONCESSION CARDS) ACT 2001
- SECT 3
Application

(1) On and after 1 July 2001, section 3 of the Social Security Legislation Amendment (Newly Arrived Resident's Waiting Periods and Other Measures) Act 1997 applies in relation to Part 2A.1 of the Social Security Act 1991, as amended by this Act, in the same way as before that date it applied to Part 2A.1 of the Social Security Act 1991. (2) On and after 1 July 2001, section 3 of the Social Security Legislation Amendment (Newly Arrived Resident's Waiting Periods and Other Measures) Act 1997 applies in relation to the provisions of the Health Insurance Act 1973, as amended by this Act, in the same way as before that date it applied to the provisions of the Health Insurance Act 1973. SOCIAL SECURITY LEGISLATION AMENDMENT (CONCESSION CARDS) ACT 2001
- SECT 4
Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 SECURITY LEGISLATION AMENDMENT (CONCESSION CARDS) ACT 2001
Schedule 1—Amendment of the social security law

Social Security Act 1991
1 Section 6A
Repeal the section, substitute:
(1) In this Act, unless the contrary intention appears:
automatic issue card means:
(a)
a pensioner concession card; or
(b)
an automatic issue health care card.

automatic issue health care card means a health care card issued to a person qualified for the card under Subdivision A of Division 3 of Part 2A.1. dependant, in relation to a person who is the holder of a pensioner concession card or an automatic issue health care card (other than a health care card for which the person is qualified under subsection 1061ZK(4)), means a person who is:

(a)
the partner; or
(b)
a dependent child;

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of the holder of the card.
dependant, in relation to a person who is the holder of a health care card for which the person is qualified under subsection 1061ZK(4) or Subdivision B of Division 3 of Part 2A.1, means a person who is:
(a)
the partner; or
(b)
an FTB child;

of the holder of the card.
dependant, in relation to a person, other than a child in foster care, who has made a claim for a health care card (the claimant), means a person who is:
(a)
the partner; or
(b)
an FTB child;

of the claimant.
(2) For the purposes of the operation of a definition of dependant in subsection (1) in relation to a provision of Part 2A.1, a person (the child) is an FTB child of another person (the adult) if:
(a)
the child is an FTB child of the adult within the meaning of the Family Assistance Act; and
(b)
either:

(i)
the child is under 16 years of age; or (ii)
the child is 16, but not yet 19, years of age and is undertaking secondary studies.
(3) For the purposes of the operation of a definition of dependant in subsection (1) in relation to a provision of this Act (other than a provision of Part 2A.1), a person (the child) is an FTB child of another person (the adult) if the child is an FTB child of the adult within the meaning of the Family Assistance Act.
2 Subsection 7(6)
Omit "or a seniors health card", substitute ", a seniors health card or a health care card".
3 Subsection 7(6AA)
Omit "or a seniors health card", substitute ", a seniors health card or a health care card".
4 Subsection 23(1) (paragraph (k) of the definition of newly arrived resident's waiting period)
Omit "section 1061ZA", substitute "section 1061ZH".
5 Subsection 23(1) (after paragraph (k) of the definition of newly arrived resident's waiting period)
Insert:

(ka)
a health care card newly arrived resident's waiting period under section 1061ZQ; or

6 Part 2A.1
Repeal the Part, substitute:
Division 1—Qualification for, and issue of, pensioner concession card
(1) Subject to subsection (3), a person is qualified for a pensioner concession card on a day if:
(a)
a social security pension; or
(b)
a mature age allowance under Part 2.12B;

is payable to the person for that day.
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(2) Subject to subsection (3), a person is qualified for a pensioner concession card on a day (the qualification day) if, on that day:
(a)
the person has attained 60 years of age; and
(b)
the person is receiving:

(i)
newstart allowance; or (ii)
partner allowance; or (iii)
widow allowance; or (iv)
benefit PP (partnered); or (v)
sickness allowance; or (vi)
special benefit; and
(c)
the person has been receiving, for a continuous period of not less than 39 weeks ending immediately before the qualification day:

(i)
one or more of the social security benefits referred to in paragraph (b); or (ii)
a social security pension.
(3) Subject to subsection (4), subsections (1) and (2) only apply to a person in relation to a day on which the person is in Australia and is an Australian resident.
(4) In spite of subsection (3), subsections (1) and (2) apply to a person in relation to a day on which the person:
(a)
is in Australia; and
(b)
is receiving a social security pension or benefit solely because of the operation of the scheduled international agreement between Australia and New Zealand.

1061ZB Extended qualification rule: former recipient of mature age allowance etc.
(1) Subject to subsection (2), if:
(a)
a person is receiving:

(i)
a mature age allowance under Part 2.12A; or (ii)
a mature age partner allowance under Part 2.12A; or (iii)
a mature age allowance under Part 2.12B; and
(b)
either:

(i)
the person or the person's partner commences employment; or (ii)
there is an increase in the ordinary income of the person or the person's partner from employment; and
(c)
but for the commencement of employment or increase in ordinary income, as the case may be, the person would have been, or would have continued to be, qualified for a pensioner concession card under subsection 1061ZA(1);

the person is qualified for a pensioner concession card for the period of 26 weeks after the commencement or increase, as the case may be.
(2) Subsection (1) only applies to a person while the person is in Australia and is an Australian resident.
(3) If, during the period of 26 weeks referred to in subsection (1), a person receives an instalment of a social security pension or a mature age allowance under Part 2.12B that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.
1061ZC Extended qualification rule: long-term recipient of social security benefits
(1) Subject to subsection (2), if:
(a)
a person has been receiving a social security benefit referred to in paragraph 1061ZA(2)(b) for a continuous period of not less than 39 weeks; and
(b)
either:

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(i)
the person or the person's partner commences employment; or (ii)
there is an increase in the ordinary income of the person or the person's partner from employment; and
(c)
but for the commencement of employment or increase in ordinary income, as the case may be, the person would have been, or would have continued to be, qualified for a pensioner concession card under subsection 1061ZA(2);

the person is qualified for a pensioner concession card for the period of 26 weeks after the commencement or increase, as the case may be.
(2) Subject to subsection (4), subsection (1) only applies to a person while the person is in Australia and is an Australian resident.
(3) If, during the period of 26 weeks referred to in subsection (1), a person receives an instalment of a social security pension or a mature age allowance under Part 2.12B that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.
(4) In spite of subsection (2), subsection (1) applies to a person when:
(a)
the person is in Australia; and
(b)
the social security benefit that the person had been receiving was received solely because of the operation of the scheduled international agreement between Australia and New Zealand.

1061ZD Extended qualification rule: former recipient of disability support pension
(1) Subject to subsection (5), a person is qualified for a pensioner concession card for the period of 52 weeks starting on the day on which this section begins to apply to the person.
(2) Subject to subsection (4), this section applies to a person if:
(a)
the person has been receiving a disability support pension; and
(b)
the person commences employment that requires him or her to work for at least 30 hours per week; and
(c)
because of the commencement of that employment, the person ceases to be qualified for the disability support pension.

(3) Subject to subsection (4), this section applies to a person if:
(a)
the person has been receiving a disability support pension; and
(b)
the disability support pension ceases to be payable to the person because of an increase in the person's ordinary income from employment.

(4) Subject to subsection (6), this section only applies to a person while the person is in Australia and is an Australian resident.
(5) If, during the period of 52 weeks referred to in subsection (1), a person receives an instalment of a social security pension or a mature age allowance under Part 2.12B that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.
(6) In spite of subsection (4), this section applies to a person in relation to a day if:
(a)
the person is in Australia on that day; and
(b)
the disability support pension that the person had been receiving was received solely because of the operation of the scheduled international agreement between Australia and New Zealand.

1061ZE Extended qualification rule: former recipient of wife pension
(1) Subject to subsection (5), a person is qualified for a pensioner concession card for the period of 52 weeks starting on the day on which this section begins to apply to the person.
(2) Subject to subsection (4), this section applies to a person if:
(a)
the person has been receiving a wife pension; and
(b)
the person's partner has been receiving disability support pension; and
(c)
the person's partner commences employment that requires him to work for at least 30 hours per week; and
(d)
because of the commencement of that employment, the person ceases to be qualified for the wife pension.

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(3) Subject to subsection (4), this section applies to a person if:
(a)
the person has been receiving a wife pension; and
(b)
the person's partner has been receiving disability support pension; and
(c)
the wife pension ceases to be payable to the person because of an increase in the income of the person's partner from employment.

(4) Subject to subsection (6), this section only applies to a person while the person is in Australia and is an Australian resident.
(5) If, during the period of 52 weeks referred to in subsection (1), a person receives an instalment of a social security pension or a mature age allowance under Part 2.12B that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.
(6) In spite of subsection (4), this section applies to a person in relation to a day if:
(a)
the person is in Australia on that day; and
(b)
the wife pension that the person had been receiving was received solely because of the operation of the scheduled international agreement between Australia and New Zealand.
The Secretary must issue a pensioner concession card to a person who is qualified for such a card.
(1) Subject to subsection (2), a person is qualified for a seniors health card on a day if, on that day, the person:
(a)
has reached pension age; and
(b)
is an Australian resident; and
(c)
is in Australia; and
(d)
satisfies the seniors health card taxable income test; and
(e)
is not receiving a social security pension or benefit; and
(f)
is not receiving a service pension; and
(g)
is not subject to a newly arrived resident's waiting period.

(2) A person is not qualified for a seniors health card on a day if:
(a)
the person has failed to comply with section 1061ZJ in respect of the reference tax year; or
(b)
where the person made an estimate of taxable income for the reference tax year and the estimate was accepted—the person did not give the Secretary a copy of a notice of assessment of the person's taxable income for that tax year within 52 weeks after the end of that tax year.

(3) In subsection (2):
reference tax year has the same meaning as in the Seniors Health Card Taxable Income Test Calculator.
(1) Subject to subsections (2), (3) and (4), for the purposes of this Division, a person who:
(a)
has entered Australia on or after 1 February 2000; and
(b)
has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;

is subject to a newly arrived resident's waiting period.
(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a seniors health card.
(3) Subsection (1) does not apply to a person who has already served a newly arrived resident's waiting period.
(4) Subsection (1) does not apply to a person if:
(a)
the person is a New Zealand citizen; and
(b)
the person was an Australian resident on 1 February 2000.

(5) If, before 1 February 2000, a person had begun to serve a waiting period under subsection 1061ZA(2) of this Act as then in force but had not served the whole of the waiting period:
(a)
the person is subject to a waiting period under this section; and
(b)
this Division applies in relation to the person as if:

(i)
this Division had been in force when the person began to serve the waiting period; and (ii)
the part of the waiting period served before 1 February 2000 had been served under this section.
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If a person is subject to a newly arrived resident's waiting period, the period:
(a)
starts on the day on which the person first became an Australian resident; and
(b)
ends when the person has been an Australian resident and in Australia for a period of, or for periods totalling, 104 weeks.

1061ZJ Giving of copy of assessment of taxable income to Secretary
If a person who is the holder of a seniors health card receives a notice of assessment or amended assessment of his or her taxable income for a particular tax year, the person must, if requested by the Secretary to do so, give a copy of the notice to the Secretary within 13 weeks after the day on which the notice was received.
(1) A person is qualified for a health care card on a day if this section applies to the person on that day.
(2) This section applies to a child on a day if a person is qualified under Part 2.19 for carer allowance for the child on that day.
(3) This section applies to a disabled child on a day if all of the following paragraphs are satisfied on that day:
(a)
the child is or would, but for subsection 5(3), be a dependent child of another person (the carer);
(b)
because of his or her disability, the child needs, on a daily basis, a level of care and attention that is substantially more than that needed by a person of the same age who does not have a physical, intellectual or psychiatric disability;
(c)
the child receives care and attention on a daily basis from:

(i)
if the carer is a member of a couple—the carer, the carer's partner or the carer together with another person (whether or not the carer's partner); or (ii)
if the carer is not a member of a couple—the carer or the carer together with another person;
(d)
that care and attention is received in a private home that is the residence of the child and the carer.

(4) This section applies to a person on a day if, on that day:
(a)
the person is entitled, under the Family Assistance Administration Act, to be paid family tax benefit by instalment; and
(b)
the person's daily rate of family tax benefit consists of, or includes, a Part A rate calculated under Part 2 of Schedule 1 to the Family Assistance Act; and
(c)
the person's income excess for the purposes of Division 4 of Part 2 of Schedule 1 to the Family Assistance Act is nil.

(5) This section applies to a person on a day if:
(a)
the person is receiving a youth allowance on that day and, at the time when a determination was made to grant the person the youth allowance, the person was not undertaking full-time study; or
(b)
the person is receiving, on that day:

(i)
a newstart allowance; or (ii)
a partner allowance; or (iii)
a widow allowance; or (iv)
benefit PP (partnered); or (v)
sickness allowance; or (vi)
special benefit.
(6) This section applies to a person on a day if, on that day, the person is receiving exceptional circumstances relief payment or farm help income support under the Farm Household Support Act 1992.
(7) This section applies to a person on a day if, on that day:
(a)
the person is receiving mobility allowance; or
(b)
the person is qualified for such an allowance but the allowance is not payable because of paragraph 1037(b).

(8) In this section:
disabled child means a person aged under 16 who:
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(a)
has a physical, intellectual or psychiatric disability; and
(b)
is likely to suffer from that disability permanently or for an extended period.

(9) This section has effect subject to section 1061ZN.
(1) A person to whom this section applies is qualified for a health care card.
(2) This section applies to a person if:
(a)
clause 108 of Schedule 1A applied to the person immediately before the end of 30 June 1999; and
(b)
the person is a disabled adult within the meaning of Part 2.19 as that Part applies to the person in accordance with clause 108A of Schedule 1A.

(3) This section has effect subject to section 1061ZN.
1061ZM Qualification for health care card: employment-affected person
(1) Subject to subsection (2), if:
(a)
either:

(i)
a person who is an employment-affected person or the partner of such a person commences employment; or (ii)
there is an increase in the ordinary income from employment of a person who is an employment-affected person or the partner of such a person; and
(b)
the person has been a qualified recipient for a continuous period of 52 weeks immediately before the commencement of the employment or the increase, as the case may be; and
(c)
because of the commencement of employment or the increase in ordinary income, as the case may be, the person ceases to be an employment-affected person;

the person is qualified for a health care card for the period of 26 weeks starting on the day on which the person ceases to be an employment-affected person.
(2) If, during the period of 26 weeks referred to in subsection (1), a person receives a payment of a social security pension or benefit specified in the definition of employment-affected person in subsection (3) that relates to one or more days within that period, the person ceases to be qualified under this section for a health care card on the day on which the person receives the payment.
(3) In this section:
employment-affected person means:
(a)
a person who is receiving any of the following:

(i)
pension PP (single); (ii)
newstart allowance; (iii)
sickness allowance; (iv)
special benefit; (v)
widow allowance; (vi)
partner allowance; or
(b)
a person who is receiving a youth allowance but who is not undertaking full-time study.

qualified recipient means:
(a)
a person who is receiving:

(i)
a social security pension, other than a pension under Part 2.16; or (ii)
a social security benefit, other than a youth allowance or austudy payment; or
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(b)
a person who is receiving a youth allowance but is not undertaking full-time study.

(4) This section has effect subject to section 1061ZN.
(1) Sections 1061ZK, 1061ZL and 1061ZM only have effect in relation to a person on a day on which:
(a)
the person is in Australia and is:

(i)
an Australian resident; or (ii)
the holder of a visa included in a class of visas determined by the Minister for the purposes of this paragraph; or (iii)
a person declared by the Minister to be a person to whom this subparagraph applies; or
(b)
the person:

(i)
is in Australia; and (ii)
is receiving a social security pension or benefit solely because of the operation of the scheduled international agreement between Australia and New Zealand.
(2) The Minister may declare that a person who:
(a)
is included in a specified class of persons; and
(b)
is, or has been, in Australia in specified circumstances;

is a person to whom subparagraph (1)(a)(iii) applies.
(3) The circumstances that may be specified in a declaration under subsection (2) include circumstances that existed or exist at any time before or after the making of the declaration.
(4) A declaration under subsection (2):
(a)
must be in writing; and
(b)
is a disallowable instrument.

Subdivision B—Qualification for health care cards for which claim required
(1) A person is qualified for a health care card on a day if this section applies to the person on that day.
(2) This section applies to a person on a day if, on that day:
(a)
in the case of a child—the person is:

(i)
an Australian resident; or (ii)
living in Australia with an Australian resident; and
(b)
in the case of a person other than a child—the person is:

(i)
an Australian resident; and (ii)
in Australia; and
(c)
the person is not an FTB child aged over 16 years; and
(d)
the person satisfies the health care card income test.

(3) This section applies to a person on a day if, on that day, the person:
(a)
is an Australian resident; and
(b)
is in Australia; and
(c)
is an FTB child who is 16 or more, but not yet 19, years of age; and
(d)
is not undertaking secondary studies; and
(e)
satisfies the health care card income test.

(4) This section applies to a person on a day if, on that day, the person:
(a)
is an Australian resident; and
(b)
is in Australia; and
(c)
is an FTB child who is 19 or more years of age; and
(d)
satisfies the health care card income test.

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(5) This section applies to a child on a day if:
(a)
on that day, the child is in foster care; and
(b)
the child is living in Australia with an Australian resident.

(6) If, during a continuous period of foster care, a child has been in the care of 2 or more foster carers, the reference in subparagraph (5)(c)(i) to the commencement of the period of foster care is a reference to the time at which the child began to be cared for by the first of those carers.
(7) The Minister may declare that a person who:
(a)
is included in a specified class of persons; and
(b)
is, or has been, in Australia in specified circumstances;

is a person to whom this section applies.
(8) The circumstances that may be specified in a declaration under subsection (7) include circumstances that existed or exist at any time before or after the making of the declaration.
(9) A declaration under subsection (7):
(a)
must be in writing; and
(b)
is a disallowable instrument.
This Subdivision does not apply to a person while the person is subject to a newly arrived resident's waiting period.
(1) Subject to subsection (2), for the purposes of this Division, a person who has entered Australia on or after 1 February 2000 is subject to a newly arrived resident's waiting period.
(2) Subsection (1) does not apply to a person who:
(a)
has a qualifying residence exemption for a health care card; or
(b)
has already served a newly arrived resident's waiting period; or
(c)
has been an Australian resident and in Australia for a period of, or for periods totalling, 104 weeks; or
(d)
holds, or formerly held, a visa included in a class of visas determined by the Minister for the purposes of subsection 739A(6); or
(e)
is not subject to a newly arrived resident's waiting period under subsection 739A(1) or (2) because of the operation of subsection 739A(7).
If a person is subject to a newly arrived resident's waiting period, the period:
(a)
starts on the day on which the person first became an Australian resident; and
(b)
ends when the person has been an Australian resident and in Australia for a period of, or for periods totalling, 104 weeks.

Subdivision C—Miscellaneous provisions relating to health care cards
The Secretary must issue an automatic issue health care card to a person who is qualified for such a card.
(1) Subject to subsection (2), a person is not qualified for a health care card in respect of any day on which the person:
(a)
is a dependant of any person; or
(b)
is wholly or substantially dependent on:

(i)
a resident of; or (ii)
a corporation carrying on business in; or (iii)
the government of;
a country other than Australia.
(2) Subsection (1) does not apply to:
(a)
a person who is the partner of another person; or
(b)
a person who is qualified for a health care card under subsection 1061ZK(2) or (3) or subsection 1061ZO(3), (4) or (5).

7 Paragraph 1067G-F3(d)
Repeal the paragraph, substitute:

(d)
is a person to whom section 1061ZK applies by virtue of subsection 1061ZK(5); or
(e)
is a person to whom section 1061ZO applies by virtue of subsection 1061ZO(2), (3) or (4).

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8 After Part 3.9 of Chapter 3
Insert:
Part 3.9A—Health Care Card Income Test Calculator
The Health Care Card Income Test Calculator at the end of this section is to be used in working out whether a person satisfies the health care card income test for the purposes of Division 3 of Part 2A.1.
Health Care Card Income Test Calculator
Satisfying the health care card income test: persons claiming a card
1071A-1 This is how to work out whether a person claiming a health care card satisfies the health care card income test on the day on which the person claims the card, whether or not the person is the holder of a health care card at that time.
Method statement
Step 1. Work out the amount of the person's ascertained income for the period of 8 weeks ending on the day on which the person lodged the claim.
Step 2. Work out the amount of the person's allowable income for the period.
Step 3. If the person's ascertained income for the period is less than the person's allowable income for the period, the person satisfies the health care card income test.
Step 4. If the person's ascertained income for the period equals or exceeds the person's allowable income for the period, the person does not satisfy the health care card income test.
Satisfying the health care card income test: cardholders
1071A-2 This is how to work out whether a person who holds a health care card satisfies the health care card income test at a particular time where there has been a change in circumstances.
Method statement
Step 1. Work out the amount of the person's ascertained income for the period of 8 weeks ending on the day on which the change of circumstances occurred.
Step 2. Work out the amount of the person's allowable income for the period.
Step 3. If the person's ascertained income for the period is less than 125% of the person's allowable income for that period, the person satisfies the health care card income test.
Step 4. If the person's ascertained income for the period is 125% or more of the person's allowable income for that period, the person does not satisfy the health care card income test.
Cessation of dependency
1071A-3 For the purposes of point 1071A-2, if a person (the first person) ceases to be a dependant of another person who is the holder of a health care card:
(a)
the fact that the first person has so ceased is to be disregarded for a period of 4 weeks commencing on the day on which the first person so ceased; and
(b)
if, at the end of the period, the first person has not become again a dependant of that other person, the first person is taken to have ceased to be a dependant of the other person at the expiration of that period of 4 weeks.

Definitions
1071A-4 In this Part:
allowable income, in relation to any period of 8 weeks, means:
(a)
in relation to a person who had a dependant or dependants on the last day of the period—the amount worked out by multiplying by 8, or such other number as is prescribed, the aggregate of:

(i)
the amount of the weekly rate of income that would, on the last day of the period, be sufficient to prevent both members of a one-income couple from receiving newstart allowance; and (ii)
$20, or such other amount as is prescribed; and (iii)
an amount worked out by multiplying $34, or such higher amount as is prescribed, by the number of the dependants of the person on the last day of the period; or
(b)
in relation to a person who had no dependants on the last day of the period—the amount worked out by multiplying by 8, or such other number as is prescribed, an amount equal to 60%, or such other percentage as is prescribed, of the aggregate of the amount worked out under subparagraph (a)(i) and the amount referred to in subparagraph (a)(ii) if paragraph (a) had applied to the person.

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ascertained income, in relation to a period, means:
(a)
in relation to a person who is not a member of a couple—the income of the person in respect of that period; and
(b)
in relation to a person who is a member of a couple—the income of the person and his or her partner in respect of that period.

exceptional circumstances relief payment means exceptional circumstances relief payment under the Farm Household Support Act 1992. farm help income support means farm help income support under the Farm Household Support Act 1992.
income, in relation to a person, means ordinary income and, to the extent that they are not ordinary income, includes:

(a)
if the person is receiving a social security pension or benefit—the person's maintenance income (if any) within the meaning of the Family Assistance Act; and
(b)
payments of a pension under the Veterans' Entitlements Act; and
(c)
payments of a pension payable by a foreign country, being a pension that, in the opinion of the Secretary, is similar in character to a pension referred to in paragraph (b); and
(d)
payments under the scheme known as the New Enterprise Incentive Scheme; and
(e)
payments of compensation.

1071A-5 If a weekly rate of income referred to in subparagraph (a)(i) of the definition of allowable income in point 1071A-4 or an amount worked out under paragraph (b) of that definition includes an amount of cents, the amount of that weekly rate is, for the purposes of that definition, increased to the nearest whole dollar.
1071A-6 A couple is a one-income couple for the purposes of point 1071A-4 if only one member of the couple is receiving income.
9 At the end of Part 3.17
Add:
(1) If, in relation to a day:
(a)
a person is qualified for a social security pension or benefit; and
(b)
the pension or benefit rate in relation to that day would be nil;

then, for the purposes of Part 2A.1, the person is not to be taken to be receiving the pension or benefit on that day.
(2) The circumstance that a person is qualified for a social security pension or benefit in relation to a day is not to be taken into account for the purpose of determining the qualification of the person for a concession card if the pension or benefit is not payable to the person in relation to that day.
Social Security (Administration) Act 1999
10 Section 11
After "Subject to", insert "subsection (2) and".
11 At the end of section 11
Add:
(2) Subsection (1) does not apply to a concession card for which a person is qualified under Division 1 of Part 2A.1 of the 1991 Act or under Subdivision A of Division 3 of that Part.
12 At the end of section 37
Add:
(9) A determination under subsection (8) granting a claim for a seniors health card:
(a)
must specify the period at the end of which the determination ceases to have effect; and
(b)
unless it has already been cancelled, ceases to have effect at the end of that period.

(10) A determination under subsection (8) granting a claim for a health care card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act:
(a)
must specify the period at the end of which the determination ceases to have effect; and
(b)
unless it has already been cancelled, ceases to have effect at the end of that period.

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(11) The Minister may determine the periods that are to be specified in determinations for the purposes of subsections (9) and (10).
(12) A determination under subsection (11):
(a)
must be in writing; and
(b)
is a disallowable instrument.

13 After section 37
Insert:
(1) A seniors health card expires at the end of the period specified, for the purposes of subsection 37(9), in the determination granting the claim for the card.
(2) A health care card granted to a person qualified for the card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act expires at the end of the period specified, for the purposes of subsection 37(10), in the determination granting the claim for the card.
(3) A person to whom a concession card referred to in subsection (1) or (2) has been granted may make a claim for a further concession card before the first-mentioned card expires.
14 At the end of section 41
Add:
(2) Unless another provision of the social security law provides otherwise, a concession card takes effect on the person's start day in relation to the card.
15 At the end of Subdivision B of Division 8 of Part 3
Add:
If a person who is the holder of a concession card ceases, otherwise than by virtue of section 104 or 105, to be qualified for the card, the card is cancelled by force of this section on the day on which the person ceases to be so qualified.
16 At the end of Division 8 of Part 3
Add:
Subdivision C—Additional provision for certain pensioner concession cards and automatic issue health care cards
(1) Subject to subsection (3), if:
(a)
a section 1061ZA pensioner concession card or a listed automatic issue health care card has been granted to a person; and
(b)
in order to be qualified for the card, the person must be receiving, or be qualified for, a particular social security pension or benefit; and
(c)
the pension or benefit is cancelled;

the section 1061ZA pensioner concession card or listed automatic issue health care card, as the case may be, is, by force of this section, cancelled.
(2) If:
(a)
a health care card has been granted to a person; and
(b)
the person was qualified for the card under subsection 1061ZK(4) of the 1991 Act; and
(c)
the person ceases to be qualified under that subsection;

the health care card is, by force of this section, cancelled.
(3) Subsection (1) does not have effect in a case in which the Secretary determines in writing that he or she is satisfied that the person concerned is likely to be granted a social security pension or benefit before it is reasonably practicable to take steps to give effect to the cancellation of the card.
(4) In this section:
listed automatic issue health care card means an automatic issue health care card that is granted:
(a)
to a person who receives one of the following social security payments:

(i)
widow allowance; (ii)
newstart allowance; (iii)
sickness allowance; (iv)
special benefit; (v)
partner allowance; (vi)
benefit PP (partnered); or
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(b)
to a person who is receiving youth allowance and who, at the time when a determination was made to grant the person the youth allowance, was not undertaking full-time study; or
(c)
to a person who is receiving exceptional circumstances relief payment or farm help income support under the Farm Household Support Act 1992.

section 1061ZA pensioner concession card means a pensioner concession card granted to a person who is qualified for the card under section 1061ZA of the 1991 Act.
17 Paragraph 126(1)(d)
Repeal the paragraph.
18 Paragraph 129(1)(d)
Repeal the paragraph.
19 Paragraph 140(1)(c)
Repeal the paragraph.
20 After section 240
Insert:
(1) A pensioner concession card, a seniors health card or a health care card must be in a form approved in writing by the Secretary for that card.
(2) Subject to subsection (3), an approval under subsection (1) may extend to:
(a)
the inclusion on a card of information in a form not capable of being read except by the use of equipment of a particular kind; and
(b)
the specification in a card of a day as the day at the end of which the card will expire; and
(c)
a form of card that is not an actual card carrying visible information.

(3) In the case of a concession card other than an automatic issue card:
(a)
the card must specify the day at the end of which the card expires; and
(b)
the day to be so specified is the last day of the period specified, for the purposes of subsection 37(9) or (10), in the determination granting the card.

(4) Subject to section 240B, a concession card is to include the name of each person (if any) who is a dependant of the holder of the card.
(5) The specification of a day in a card under paragraph (2)(b) does not affect the qualification of the person to whom the card is issued for a card of the same or any other type.
(6) The expiry of a card on a day specified under paragraph (2)(b) does not affect the qualification of the person to whom the card was issued for a card of the same or any other type.
(7) A failure to comply with subsection (4) in relation to a concession card does not alone render the card ineffective for the purposes of this or any other Act.
(8) In this section:
dependant has the same meaning as in Part 2A.1 of the 1991 Act.
(1) A seniors health card is not to include the name of any person as a dependant of the holder of the card.
(2) A health care card issued to a person by virtue of subsection 1061ZK(7) of the 1991 Act is not to include the name of any person as a dependant of the holder of the card.
(3) A health care card is not to include the name of a person (other than the partner of the holder of the card) as a dependant of the holder of the card if the person is the holder of a pensioner concession card or a health care card.
(4) A pensioner concession card or a health care card is not to include the name of the partner of the holder of the card as a dependant of the holder of the card unless:
(a)
the partner is in Australia and is:

(i)
an Australian resident; or (ii)
the holder of a visa included in a class of visas determined by the Minister for the purposes of this paragraph; or (iii)
a person declared by the Minister to be a person to whom this subparagraph applies; or
(b)
the partner is a New Zealand citizen and the holder of the card:

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(i)
is in Australia; and (ii)
is receiving a social security pension or benefit solely because of the operation of the scheduled international agreement between Australia and New Zealand.
(5) The Minister may declare that a person who:
(a)
is included in a specified class of persons; and
(b)
is, or has been, in Australia in specified circumstances;

is a person to whom subparagraph (4)(a)(iii) applies.
(6) The circumstances that may be specified in a declaration under subsection (5) include circumstances that existed or exist at any time before or after the making of the declaration.
(7) A declaration under subsection (5):
(a)
must be in writing; and
(b)
is a disallowable instrument.

(8) In this section:
dependant has the same meaning as in Part 2A.1 of the 1991 Act.
(1) If:
(a)
a day is specified in an automatic issue card under paragraph 240A(2)(b); and
(b)
on the day following that day, the person who was the holder of the card remains qualified for the card; and
(c)
a further card has not been issued to the person under subsection (2);

the Secretary must issue a further card to the person.
(2) If:
(a)
a day (the expiry day) is specified in an automatic issue card under paragraph 240A(2)(b); and
(b)
the Secretary is satisfied that the person is likely to remain qualified for the card after the end of the expiry day;

the Secretary may, at any time before the expiry day, issue to the person a further card to take effect on the day following the expiry day.
21 Subclause 1(1) of Schedule 1 (definition of concession card)
Repeal the definition, substitute:
concession card means:
(a)
a pensioner concession card; or
(b)
a health care card; or
(c)
a seniors health card.

22 At the end of clause 2 of Schedule 2
Add:
(4) If:
(a)
but for this subclause, a person would have a start day under Part 2 of this Schedule in relation to a concession card and would also have a start day under Part 3 of this Schedule in relation to the same card; and
(b)
the start day under Part 3 would be earlier than the start day under Part 2;

the day worked out under Part 3 is the person's start day in relation to the concession card.
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23 At the end of clause 3 of Schedule 2
Add:
(2) A person's start day in relation to a concession card for which the person is qualified under:
(a)
Division 1 of Part 2A.1 of the 1991 Act; or
(b)
Subdivision A of Division 3 of that Part;

is the first day on which the person is qualified for the card.
(3) If:
(a)
a person makes a claim for a seniors health card or a health care card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act; and
(b)
the person is qualified for the card on the day on which the claim is made;

the person's start day in relation to the card is the day on which the claim is made.
24 At the end of Part 3 of Schedule 2
Add:
(1) If:
(a)
a person makes a claim for a health care card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act; and
(b)
within the claim period, a professional service has been rendered to, or hospital treatment has been provided for, the person or a dependant of the person; and
(c)
when the service was rendered or the treatment provided, as the case may be, the person was qualified for the card; and
(d)
the person remained so qualified until the claim was made;

the person's start day in relation to the health care card is:
(e)
the day on which the professional service was rendered or the hospital treatment was provided, as the case may be; or
(f)
if there were 2 or more such days within the claim period, the earlier or earliest of those days, as the case may be.

(2) For the purposes of subclause (1), any period earlier than 1 September 1981 that would, but for this subclause, be included in the claim period in respect of a particular claim is to be disregarded.
(3) In this clause:
claim period means:
(a)
the period of 13 weeks ending on the day on which a claim is made; or
(b)
such longer period as the Secretary, having regard to all the circumstances of the case, approves.

dependant has the same meaning as in Part 2A.1 of the 1991 Act. hospital treatment has the same meaning as in the Health Insurance Act 1973.
professional service has the same meaning as in the Health Insurance Act 1973.

(4) The Secretary must not approve, under subclause (3), a period that includes a period earlier than 1 September 1981.
25 Saving: existing concession cards
(1) Where a pensioner concession card or a health care card has been issued by the Commonwealth before the commencement of this Act and is expressed to expire at a time after that commencement, the card has effect, and the Social Security Act 1991, the Health Insurance Act 1973 and the National Health Act 1953, as amended by this Act, apply in relation to the card, after that commencement as if:
(a)
this Act had been in operation when the card was issued; and
(b)
the card had been issued under the Social Security Act 1991, as amended by this Act.

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(2) A seniors health card issued under the Social Security Act 1991, as in force immediately before the commencement of this Act, has the same effect after that commencement as it would have had if:
(a)
this Act had been in operation when the card was issued; and
(b)
the card had been issued under the Social Security Act 1991, as amended by this Act.

(3) For the purposes of subitem (2), anything done under, or for the purposes of, the Social Security Act 1991, as in force before the commencement of this Act, in relation to a seniors health card or the holder of such a card continues to have effect, after that commencement, as if:
(a)
when it was done, this Act had been in force; and
(b)
it had been done under, or for the purposes of, the Social Security Act 1991, as amended by this Act.

SOCIAL SECURITY LEGISLATION AMENDMENT (CONCESSION CARDS) ACT 2001
Schedule  2—Amendment of other laws

Health Insurance Act 1973
1 Subsection 3(1) (definition of dependant)
Repeal the definition.
2 Subsection 3(1AAA)
Repeal the subsection.
3 Sections 4C to 5J
Repeal the sections.
4 Sections 130A, 130B, 130E and 130F
Repeal the sections.
5 Subsection 130G(2)
Omit "disadvantaged persons", substitute "entitlement to benefits or payments under this Act".
6 Sections 130H and 130J
Repeal the sections.

National Health Act 1953
7 Subsection 4(1) (definition of Commonwealth allowance)
Repeal the definition.
8 Subsection 4(1) (definition of dependant, in relation to a pensioner)
Repeal the definition.
9 Subsection 4(1) (definition of pensioner)
Repeal the definition.
10 Subsection 4(1) (definition of social security beneficiary)
Repeal the definition.
11 Subsection 4(1AAB)
Repeal the subsection.
12 Sections 4AAA and 4AAAB
Repeal the sections.
13 Subsection 84(1) (definition of concessional beneficiary)
Repeal the definition, substitute:
concessional beneficiary means:
(a)
a person who is the holder of a pensioner concession card, a seniors health card or a health care card under the Social Security Act 1991; or
(b)
a person (other than the holder of the card) whose name is included in a card referred to in paragraph (a); or
(c)
a person:

(i)
who is an Australian resident within the meaning of the Health Insurance Act 1973; and (ii)
to whom, or in respect of whom, there is being paid a service pension under Part III, or income support supplement under Part IIIA, of the Veterans' Entitlements Act 1986; or
(d)
a person who is:

(i)
an Australian resident within the meaning of the Health Insurance Act 1973; and (ii)
eligible, under subsection 86(1), (2) or (3) of the Veterans' Entitlements Act 1986, to be provided with treatment under Part V of the last-mentioned Act; or
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(e)
a person who is:

(i)
an Australian resident within the meaning of the Health Insurance Act 1973; and (ii)
the holder of a seniors health card within the meaning of the Veterans' Entitlements Act 1986.
14 Subsection 84(1) (definition of concessional benefit prescription)
Omit "or of a dependant of a concessional beneficiary", substitute "or of a person who, in relation to the concessional beneficiary, is a dependant within the meaning of subsection (4) or (7)".
15 Subsection 84(1) (definition of dependant)
Omit ", (5), (6)".
16 Subsection 84(3B)
Repeal the subsection.
17 Subsection 84(4)
Omit "paragraph (a) or (b)", substitute "paragraph (c) or (d)".
18 Subsection 84(4)
Omit "both an eligible person", substitute "an Australian resident".
19 Subparagraph 84(4)(c)(iii)
Repeal the subparagraph, substitute:

(iii)
is not being paid a disability support pension under the Social Security Act 1991; and
20 Subsections 84(5) and (6)
Repeal the subsections.
21 Paragraph 84(7)(a)
Omit "paragraph (ad)", substitute "paragraph (e)".
22 Subsection 84(7) (note)
Omit "paragraph (ad)", substitute "paragraph (e)".
23 Subsection 84AA(1)
Omit "or a dependant of a concessional beneficiary" (first occurring), substitute "or a person who, in relation to a concessional beneficiary, is a dependant of the beneficiary within the meaning of subsection 84(4) or (7)".
24 Subsection 84AA(1)
Omit "a concessional beneficiary or a dependant of a concessional beneficiary" (second occurring), substitute "such a concessional beneficiary or dependant".
25 Subsection 84AA(2)
Omit "or a dependant of a concessional beneficiary" (first occurring), substitute "or a person who, in relation to a concessional beneficiary, is a dependant of the beneficiary within the meaning of subsection 84(4) or (7)".
26 Subsection 84AA(2)
Omit "a concessional beneficiary or a dependant of a concessional beneficiary" (second occurring), substitute "such a concessional beneficiary or dependant".
27 Subparagraph 84BA(3)(b)(i)
Omit "and their dependants", substitute "and persons who, in relation to concessional beneficiaries, are dependants within the meaning of subsection 84(4) or (7)".
28 Paragraph 87(3A)(e)
Repeal the paragraph, substitute:

(e)
a person who is a dependant of a concessional beneficiary within the meaning of subsection 84(4) or (7); or

29 Paragraph 87(3B)(e)
Repeal the paragraph, substitute:

(e)
a person who is a dependant of a concessional beneficiary within the meaning of subsection 84(4) or (7); or

30 Subparagraph 87A(1)(a)(iii)
Repeal the subparagraph, substitute:

(iii)
a person who is a dependant of a concessional beneficiary within the meaning of subsection 84(4) or (7);
31 Subparagraph 99AA(1)(c)(v)
Repeal the subparagraph, substitute:

(v)
a person who was a dependant of a concessional beneficiary within the meaning of subsection 84(4) or (7);
32 After section 139B
Insert:
In spite of sections 202 to 210 of the Social Security (Administration) Act 1999, the Secretary of the Department of Family and Community Services or an officer authorised by him or her for the purpose may communicate to the Secretary of the Department of Health and Aged Care or an officer authorised by him or her any information with respect to the operation of Part 2A.1 of the Social Security Act 1991.
33 Saving: persons subject to newly arrived low income resident's waiting periods
If, immediately before 1 February 2000, a person was subject to a newly arrived disadvantaged low income resident's waiting period, the Health Insurance Act 1973, as in force immediately before 1 February 2000, continues to apply to the person in relation to the waiting period as if the amendments made to that Act by this Act had not been made.

Notes
[Minister's second reading speech made in—
Senate on 7 December 2000
House of Representatives on 27 June 2001]
(216/00)