Social Security Legislation Amendment Act (No. 2) 1991 (Australia)

Social Security Legislation Amendment Act (No. 2) 1991

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SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991
SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART 1 - PRELIMINARY Section 1. Short title 2. Commencement PART 2 - AMENDMENT OF THE SOCIAL SECURITY ACT 1947 3. Principal Act 4. Special benefit PART 3 - AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO HELP MAKE IT CORRESPOND TO THE SOCIAL SECURITY ACT 1947 AS IN FORCE ON 30 JUNE 1991 5. Principal Act 6. Income test definitions 7. Definitions 8. General definitions 9. Insertion of new section: 24A. Approved scholarship 10. Qualification for special benefit 11. Rate of job search allowance and sickness benefit (under 18) 12. Rate of job search allowance and sickness benefit (18 or over) and newstart allowance 13. Certain capital amounts not covered by other Subdivisions taken to be received over 12 months 14. Certain assets to be disregarded in calculating the value of a person's assets 15. Secretary may send recovery notice to compensation payer 16. Offence to make compensation payment after receiving preliminary notice or recovery payment 17. CPI Indexation Table 18. Debt from failure to comply with garnishee notice 19. Garnishee notice 20. Secretary may waive overpayment or debt 21. Non-reviewable decisions 22. Further amendments PART 4 - AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO PROVIDE FOR NEW POLICIES 23. Principal Act 24. Qualification for wife pension 25. Qualification for widow B pension 26. Need for a claim 27. JSA recipient may ask Secretary to change appropriate tax year 28. Need for a claim 29. Qualification for special needs wife pension 30. Qualification for special needs widow B pension 31. Indexed and adjusted amounts 32. CPI Indexation Table 33. Rounding off indexed amounts 34. Insertion of new sections: 1206A. Adjustment of certain pharmaceutical allowance rates 1206B. Adjustment of certain pharmaceutical payment limits 35. Repeal of sections 1215 and 1216 and insertion of new sections: d sections: 1215. Certain pensions of non-Australian residents generally not portable 1216. Certain pensions generally portable for 12 months only 1216A. Certain pensions may be portable after 12 months if recipient in specified foreign country 1216B. Some women not affected by sections 1215, 1216 and 1216A 36. Effect of disqualified person returning to Australia 37. Rate of pensions paid outside Australia 38. New Schedule 8 - social security agreement with The Netherlands 39. Consequential amendments 40. Minor amendments PART 5 - AMENDMENT OF THE NATIONAL HEALTH ACT 1953 41. Principal Act 42. Interpretation PART 6 - AMENDMENT OF THE SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1990 43. Principal Act 44. Income from certain money SCHEDULE 1 ADDITIONAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 MADE BY PART 3 SCHEDULE 2 NEW SCHEDULE 8 SCHEDULE 3 CONSEQUENTIAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 AND THE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990 RELATING TO JOB SEARCH AND NEWSTART ALLOWANCE
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SCHEDULE 4 MINOR AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - LONG TITLE
An Act to amend the Social Security Act 1991 and other laws relating to social welfare, and for related purposes SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - PART 1 PART 1 - PRELIMINARY
SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 1 Short title
(Assented to 27 June 1991) 1. This Act may be cited as the Social Security Legislation Amendment Act (No. 2) 1991. (Minister's second reading speech made in- House of Representatives on 31 May 1991 a.m. Senate on 5 June 1991) SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 2 Commencement
2. (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Part 2 is taken to have commenced on 15 April 1991. (3) Part 3 commences immediately after the commencement of the Social Security (Rewrite) Amendment Act 1991.*1* (4) Part 4 commences immediately after the commencement of Part 3. (5) Parts 5 and 6 are taken to have commenced on 1 March 1991. *1* No. 116, 1991. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - PART 2 PART 2 - AMENDMENT OF THE SOCIAL SECURITY ACT 1947
SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 3 Principal Act
3. In this Part, "Principal Act" means the Social Security Act 1947.*2* *2* No. 26, 1947, as amended. For previous amendments, see Nos. 38 and 69, 1948; No. 16, 1949; Nos. 6 and 26, 1950; No. 22, 1951; Nos. 41 and 107, 1952; No. 51, 1953; No. 30, 1954; Nos. 15 and 38, 1955; Nos. 67 and 98, 1956; No. 46, 1957; No. 44, 1958; No. 57, 1959; No. 45, 1961; Nos. 1 and 95, 1962; No. 46, 1963; Nos. 3 and 63, 1964; Nos. 57 and 152, 1965; No. 41, 1966; Nos. 10 and 61, 1967; No. 65, 1968; No. 94, 1969; Nos. 2 and 59, 1970; Nos. 16 and 67, 1971; Nos. 1, 14, 53 and 79, 1972; Nos. 1, 26, 48, 103 and 216, 1973; Nos. 2, 23 and 91, 1974; Nos. 34, 56, 101 and 110, 1975; Nos. 26, 62 and 111, 1976; No. 159, 1977; No. 128, 1978; No. 121, 1979 (as amended by Nos. 37 and 98, 1982); No. 130, 1980; Nos. 61 and 170, 1981; No. 159, 1981 (as amended by No. 98, 1982); Nos. 37, 38 and 148, 1982; Nos. 4 and 36, 1983; No. 69, 1983 (as amended by No. 78, 1984); Nos. 46, 78, 93, 120, 134 and 165, 1984; Nos. 24, 52, 95, 127 and 169, 1985; Nos. 5, 28, 33, 106, 130 and 152, 1986; Nos. 77, 88 and 130, 1987; Nos. 13, 35, 58, 75 and 85, 1988; Nos. 133 and 135, 1988 (as amended by Nos. 84 and 164, 1989); Nos. 59, 83, 84, 163 (as amended by No. 164, 1989) and 164, 1989; Nos. 56, 84 and 119, 1990; and Nos. 6 and 73, 1991. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 4 Special benefit
4. Section 129 of the Principal Act is amended by inserting after subparagraph (3) (a) (iv) the following subparagraph: "(iva) a person who: (A) is the holder of an extended eligibility (spouse) entry permit under the Migration Act 1958; and (B) applied for the permit on or after 15 April 1991; or". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - PART 3 PART 3 - AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO HELP MAKE IT CORRESPOND TO THE SOCIAL SECURITY ACT 1947 AS IN FORCE ON 30 JUNE 1991
SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 5 Principal Act
5. In this Part, "Principal Act" means the Social Security Act 1991.*3* *3* No. 46, 1991. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 6 Income test definitions
6. Section 8 of the Principal Act is amended: (a) by inserting in subsection (1) the following definition: " `approved scholarship' means a scholarship in relation to which a determination under section 24A is in force;"; (b) by inserting after paragraph (8) (m) the following paragraph: "(ma) money from an exempt funeral investment; Note: for `exempt funeral investment' see subsection 23 (1)."; (c) by adding at the end of subsection (8) the following paragraph: "(zj) a payment of an approved scholarship awarded on or after 1 September 1990. Note: for `approved scholarship' see subsection 8 (1).". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 7 Definitions
7. Section 9 of the Principal Act is amended by omitting from subsection (1)
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the definition of "superannuation pension" and substituting the following definition: " `superannuation pension' means a pension payable from a superannuation fund.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 8 General definitions
8. Section 23 of the Principal Act is amended by inserting in subsection (1) the following definitions: " `exempt funeral investment' means: (a) a type A funeral investment of not more than $5,000 (disregarding any return on the investment) that does not relate to a funeral: (i) to which another type A funeral investment relates; or (ii) to which a type B funeral investment relates; or (iii) expenses for which have been paid in advance; or (b) a type B funeral investment of not more than $5,000 (disregarding any return on the investment) that does not relate to a funeral: (i) to which another type B funeral investment relates; or (ii) to which a type A funeral investment relates; or (iii) expenses for which have been paid in advance; `type A funeral investment' means an investment: (a) that: (i) matures on the death of the investor; or (ii) matures on the death of the investor's partner; and (b) that cannot be realised before maturity; and (c) the return on which is not payable before maturity; and (d) the amount paid on whose maturity is to be applied to the expenses of the funeral of the person on whose death it matures; `type B funeral investment' means an investment: (a) made by: (i) a person who is a member of a couple; or (ii) both members of a couple; and (b) that matures on the death of: (i) whichever member of the couple dies first; or (ii) whichever member of the couple dies last; and (c) that cannot be realised before maturity; and (d) the return on which is not payable before maturity; and (e) the amount paid on whose maturity is to be applied to the expenses of the funeral of a member of the couple.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 9
9. After section 24 of the Principal Act the following section is inserted: Approved scholarship "24A. The Minister may determine in writing that a scholarship, or a class of scholarships: (a) awarded outside Australia; and (b) not intended to be used wholly or partly to assist recipients to meet living expenses; is an approved scholarship, or a class of approved scholarships, as the case may be, for the purposes of this Act.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 10 Qualification for special benefit
10. Section 729 of the Principal Act is amended: (a) by omitting from subparagraph (2) (f) (vi) "and" (second occurring) and substituting "or"; (b) by adding at the end of paragraph (2) (f) the following subparagraph: "(vii) a person who: (A) is the holder of an extended eligibility (spouse) entry permit under the Migration Act 1958; and (B) applied for the permit on or after 15 April 1991; and". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 11 Rate of job search allowance and sickness benefit (under 18)
11. Section 1067 of the Principal Act is amended: (a) by omitting from column 3B in Table B in point 1067-B1 "$301.60" and substituting "$204.80"; (b) by omitting from Note 4 to that table "item 1 to 4"; (c) by omitting from Note 5 to that table "other rates" and substituting "rates in column 3A"; (d) by omitting from paragraph 1067-D3 (b) all the words after "against" and substituting "item 2 in Table B in point 1067-B1". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 12 Rate of job search allowance and sickness benefit (18 or over) and newstart allowance
12. Section 1068 of the Principal Act is amended: (a) by omitting item 10 in Table B in point 1068-B1 and substituting the following items: "10. Member of illness separated couple and person has turned 18 but not 21 $301.60 $226.50 11. Member of illness separated couple and person has turned 21 $301.60 $301.60"; (b) by omitting from Note 4 to Table B in point 1068-B1 "and 8" and substituting ", 8 and 10";
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(c) by omitting from paragraph 1068-D3 (b) all the words from and including "column 3B" and substituting: "column 3B against: (i) in the case of a person who has turned 18 but not 21 - item 1; or (ii) in the case of a person who has turned 21 - item 3; in Table B of point 1068-B1 of this Benefit Rate Calculator."; (d) by inserting after paragraph 1068-F1 (a) the following paragraph: "(aa) column 3B item 2 of Table B in point 1068-B1 of this Benefit Rate Calculator does not apply to the person; and". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 13 Certain capital amounts not covered by other Subdivisions taken to be received over 12 months
13. Section 1074 of the Principal Act is amended by omitting from paragraph (1) (d) "made on or after 9 September 1988". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 14 Certain assets to be disregarded in calculating the value of a person's assets
14. Section 1118 of the Principal Act is amended by inserting after paragraph (1) (m) the following paragraph: "(ma) an amount invested in an exempt funeral investment and any return on the investment;". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 15 Secretary may send recovery notice to compensation payer
15. Section 1174 of the Principal Act is amended by adding at the end the following subsection: "(8) This section applies to an amount payable by way of compensation in spite of any law of a State or Territory (however expressed) under which the compensation is inalienable.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 16 Offence to make compensation payment after receiving preliminary notice or recovery payment
16. Section 1176 of the Principal Act is amended by adding at the end the following subsection: "(4) This section applies in relation to a payment by way of compensation in spite of any law of a State or Territory (however expressed) under which the compensation is inalienable.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 17 CPI Indexation Table
17. Section 1191 of the Principal Act is amended by omitting from column 3 of the CPI Indexation Table in subsection (1) "13 June" (wherever occurring) and substituting "1 July". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 18 Debt from failure to comply with garnishee notice
18. Section 1230 of the Principal Act is amended by inserting after subsection (3) the following subsection: "(3A) This section applies to an amount in spite of any law of a State or Territory (however expressed) under which the amount is inalienable.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 19 Garnishee notice
19. Section 1233 of the Principal Act is amended by inserting after subsection (7E) the following subsection: "(7F) This section applies to money in spite of any law of a State or Territory (however expressed) under which the amount is inalienable.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 20 Secretary may waive overpayment or debt
20. Section 1237 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection: "(4) A determination made under subsection (3) giving, revoking or varying directions is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 21 Non-reviewable decisions
21. Section 1250 of the Principal Act is amended by adding at the end of subsection (1) the following word and paragraph: "; or (m) under subsection 1237 (3) (directions about Secretary's power to waive debts).". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 22 Further amendments
22. The Principal Act is amended as set out in Schedule 1. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - PART 4 PART 4 - AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO PROVIDE FOR NEW POLICIES
SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 23 Principal Act
23. In this Part, "Principal Act" means the Social Security Act 1991.*3* *3* No. 46, 1991. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 24 Qualification for wife pension
24. Section 147 of the Principal Act is amended by omitting paragraph (2) (a) and substituting the following paragraph:
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"(a) sections 1215 to 1216B (limits on portability); and". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 25 Qualification for widow B pension
25. Section 362 of the Principal Act is amended by omitting paragraph (3) (a) and substituting the following paragraph: "(a) sections 1215 to 1216B (limits on portability); and". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 26 Need for a claim
26. Section 551 of the Principal Act is amended by adding at the end the following subsection: "(3) Subsection (2) does not apply if: (a) a claim for job search allowance is made by or on behalf of a person; and (b) at the time the claim is made, the claim cannot be granted because the person is serving a liquid assets test waiting period. Note: for liquid assets test waiting period see section 519.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 27 JSA recipient may ask Secretary to change appropriate tax year
27. Section 561 of the Principal Act is amended by inserting in paragraph (1) (c) "75% or" after "made is". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 28 Need for a claim
28. Section 635 of the Principal Act is amended by adding at the end the following subsection: "(4) Subsection (2) does not apply if: (a) a claim for job search allowance is made by or on behalf of a person; and (b) at the time the claim is made, the claim cannot be granted because the person is serving a liquid assets test waiting period. Note: for liquid assets test waiting period see section 519.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 29 Qualification for special needs wife pension
29. Section 774 of the Principal Act is amended by adding at the end the following word and paragraph: "; and (c) is not disqualified by section 1215 or 1216 or subsection 1216A (2) (portability).". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 30 Qualification for special needs widow B pension
30. Section 778 of the Principal Act is amended by adding at the end the following word and paragraph: "; and (h) is not disqualified by section 1215 or 1216 or subsection 1216A (2) (portability).". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 31 Indexed and adjusted amounts
31. Section 1190 of the Principal Act is amended: (a) by omitting the second description of a provision in column 4 of item 2 in the table; (b) by omitting from the 4th description of a provision in column 4 of item 2 in the table "items 1 to 10" and substituting "all amounts"; (c) by omitting from the 5th description of a provision in column 4 of item 2 in the table "10" and substituting "11"; (d) by omitting from the 1st description of a provision in column 4 of item 3 in the table "items 1, 2, 3, and 4" and substituting "all amounts"; (e) by omitting from the 2nd description of a provision in column 4 of item 3 in the table "and 8" and substituting ", 8 and 10";