SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994
Making Information - Assented to 16 December 1994
SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - TABLE OF PROVISIONS
TABLE OF PROVISIONS Section 1. Short title etc. 2. Commencement 3. Amendments relating to parenting allowance 4. Amendments relating to income tests and related matters 5. Amendments relating to partner allowance 6. Amendments relating to widow allowance 7. Amendments relating to education entry payments for wife pension and widow, mature age partner, partner and parenting allowance recipients 8. Amendments relating to the phasing out of wife pension, special needs wife pension and mature age partner allowance 9. Amendments relating to the continuation of advance pharmaceutical allowance 10. Amendments relating to assurance of support debt 11. Transitional provision-education entry payments for widow allowance recipients 12. Transitional provision-education entry payments for partner and parenting allowance recipients 13. Transitional provision relating to qualifying residence exemption for widow allowance 14. Transitional provision relating to the treatment of widowed person allowance under the Income Tax Assessment Act 1936 15. Application of amendments of the Income Tax Assessment Act 1936 SCHEDULE 1 AMENDMENTS RELATING TO THE PARENTING ALLOWANCE PART 1-THE PARENTING ALLOWANCE PART 2-THE PARENTING ALLOWANCE RATE CALCULATOR PART 3-CONSEQUENTIAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 PART 4-CONSEQUENTIAL AMENDMENTS OF OTHER ACTS PART 5-TRANSITIONAL ARRANGEMENTS FOR PARENTING ALLOWANCE SCHEDULE 2 AMENDMENTS RELATING TO INCOME TESTS AND RELATED MATTERS SCHEDULE 3 AMENDMENTS RELATING TO PARTNER ALLOWANCE PART 1-AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 PART 2-AMENDMENTS OF OTHER ACTS SCHEDULE 4 AMENDMENTS RELATING TO WIDOW ALLOWANCE PART 1-AMENDMENT TO INSERT NEW PART 2.8A DEALING WITH WIDOW ALLOWANCE IN THE SOCIAL SECURITY ACT 1991 PART 2-CONSEQUENTIAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 PART 3-CONSEQUENTIAL AMENDMENTS OF OTHER ACTS SCHEDULE 5 AMENDMENTS RELATING TO EDUCATION ENTRY PAYMENTS FOR WIFE PENSION AND WIDOW, MATURE AGE PARTNER, PARTNER AND PARENTING ALLOWANCE RECIPIENTS PART 1-AMENDMENTS RELATING TO EDUCATION ENTRY PAYMENT FOR WIDOW ALLOWANCE RECIPIENTS PART 2-AMENDMENTS RELATING TO EDUCATION ENTRY PAYMENTS FOR WIFE PENSION AND MATURE AGE PARTNER, PARTNER AND PARENTING ALLOWANCE RECIPIENTS SCHEDULE 6 AMENDMENTS RELATING TO THE PHASING OUT OF WIFE PENSION, SPECIAL NEEDS WIFE PENSION AND MATURE AGE PARTNER ALLOWANCE PART 1-AMENDMENTS RELATING TO THE PHASING OUT OF WIFE PENSION AND SPECIAL NEEDS WIFE PENSION PART 2-AMENDMENTS RELATING TO THE PHASING OUT OF MATURE AGE PARTNER ALLOWANCE SCHEDULE 7 AMENDMENTS RELATING TO THE CONTINUATION OF ADVANCE PHARMACEUTICAL ALLOWANCE PART 1-AMENDMENT OF THE SOCIAL SECURITY ACT 1991 PART 2-AMENDMENTS OF THE SOCIAL SECURITY LEGISLATION AMENDMENT ACT (NO. 4) 1991 SCHEDULE 8 AMENDMENT RELATING TO ASSURANCE OF SUPPORT DEBTS SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - LONG TITLE
An Act to amend the Social Security Act 1991, and for related purposes SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SECT 1 Short title etc.
1.(1) This Act may be cited as the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994. (2) In this Act, "Principal Act" means the Social Security Act 1991.*1* (Minister's second reading speech made in- House of Representatives on 7 November 1994
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Senate on 16 November 1994) *1* Social Security Act 1991 No. 46, 1991, as amended. For previous amendments, see Nos. 68, 69, 70, 73, 74, 115, 116, 141, 175, 194 and 208, 1991; Nos. 12, 69, 81, 94, 118, 133, 134, 138, 228, 229, 230, 233 and 241, 1992; Nos. 25, 36, 61, 120 and 121, 1993; Nos. 55, 63, 68, 78, 98, 109 and 125, 1994. SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SECT 2 Commencement
2.(1) Subject to this section, this Act commences on 1 July 1995. (2) Items 27 and 34 to 38 of Schedule 3 are taken to have commenced on 20 September 1994, and subsection 5(2) is taken to have commenced on that day to the extent necessary in order to enable those items to be taken to have commenced on that day. (3) Item 39 of Schedule 3 commences on 1 January 1995, and subsection 5(2) is taken to commence on that day to the extent necessary in order to enable that item to commence on that day. (4) Paragraph 6(1)(a), section 13 and Part 1 of Schedule 4 are taken to have commenced on 1 July 1994. (5) Paragraph 6(1)(b), subsection 6(2), sections 14 and 15 and Parts 2 and 3 of Schedule 4 commence on 1 January 1995. (6) Paragraph 7(a), section 11 and Part 1 of Schedule 5 commence on 1 January 1995, immediately after the commencement of section 4 of the Social Security (1994 Budget and White Paper) Amendment Act 1994. (7) Section 9 and Schedule 7 commence, or are taken to have commenced, on 1 December 1994. (8) Section 10 and Schedule 8 are taken to have commenced on 1 September 1994. SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SECT 3 Amendments relating to parenting allowance
3.(1) The Principal Act is amended as set out in Parts 1, 2, 3 and 5 of Schedule 1. (2) The Acts referred to in Part 4 of Schedule 1 are amended as set out in that Part. SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SECT 4 Amendments relating to income tests and related matters
4. The Principal Act is amended as set out in Schedule 2. SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SECT 5 Amendments relating to partner allowance
5.(1) The Principal Act is amended as set out in Part 1 of Schedule 3. (2) The Acts referred to in Part 2 of Schedule 3 are amended as set out in that Part. SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SECT 6 Amendments relating to widow allowance
6.(1) The Principal Act is amended: (a) as set out in Part 1 of Schedule 4; and (b) as set out in Part 2 of Schedule 4. (2) The Acts referred to in Part 3 of Schedule 4 are amended as set out in that Part. SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SECT 7 Amendments relating to education entry payments for wife pension and widow, mature age partner, partner and parenting allowance recipients
7. The Principal Act is amended: (a) as set out in Part 1 of Schedule 5; and (b) as set out in Part 2 of Schedule 5. SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SECT 8 Amendments relating to the phasing out of wife pension, special needs wife pension and mature age partner allowance
8. The Principal Act is amended as set out in Schedule 6. SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SECT 9 Amendments relating to the continuation of advance pharmaceutical allowance
9. The Principal Act and the Social Security Legislation Amendment Act (No. 4) 1991 are amended as set out in Schedule 7. SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SECT 10 Amendments relating to assurance of support debt
10. The Principal Act is amended as set out in Schedule 8. SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SECT 11 Transitional provision-education entry payments for widow allowance recipients
11. Section 665ZC of the Principal Act applies for 9 months after the commencement of this section as if:
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(a) the definition of "social security recipient status" in subsection 23(1) were omitted and the following definition substituted: " 'social security recipient status', for the purposes of the definition of 'long-term social security recipient', means status as: (a) a recipient of a social security pension, a social security benefit or a service pension; or (b) a benefit increase partner;"; and (b) subsection 4(10) and Module C of Benefit Rate Calculator A or B of the Principal Act, as in force immediately before 20 September 1994, had not been amended by the Social Security (Home Child Care and Partner Allowances) Legislation Amendment Act 1994. SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SECT 12 Transitional provision-education entry payments for partner and parenting allowance recipients
12. Sections 665ZQ and 665ZU of the Principal Act apply for 3 months after the commencement of this section as if: (a) the definition of "social security recipient status" in subsection 23(1) were omitted and the following definition substituted: " 'social security recipient status', for the purposes of the definition of 'long-term social security recipient', means status as: (a) a recipient of a social security pension, a social security benefit or a service pension; or (b) a benefit increase partner;"; and (b) subsection 4(10) and Module C of Benefit Rate Calculator A or B of the Principal Act, as in force immediately before 20 September 1994, had not been amended by the Social Security (Home Child Care and Partner Allowances) Legislation Amendment Act 1994. SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SECT 13 Transitional provision relating to qualifying residence exemption for widow allowance
13. Part 2.8A of the Principal Act applies as if the amendments to the Principal Act that are made by section 4 and items 1, 2, 3 and 4 of Schedule 2 to the Social Security (1994 Budget and White Paper) Amendment Act 1994 commenced on 1 July 1994. SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SECT 14 Transitional provision relating to the treatment of widowed person allowance under the Income Tax Assessment Act 1936
14.(1) For the purposes of the Income Tax Assessment Act 1936, payments of widowed person allowance under Part 2.7 of the Principal Act are taken to be payments of bereavement allowance under that Act. (2) Subsection (1) applies to payments made on or after 1 July 1994. SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SECT 15 Application of amendments of the Income Tax Assessment Act 1936
15.(1) The amendments of the Income Tax Assessment Act 1936 made by subsection 3(2) and items 163, 164, 165, 166 and 171 of Schedule 1 apply in relation to payments made on or after 1 July 1995. (2) The amendments of the Income Tax Assessment Act 1936 made by subsection 3(2) and items 167 to 170 of Schedule 1 apply to assessments in respect of income of the 1995-96 year of income and of all later years of income. (3) The amendments of the Income Tax Assessment Act 1936 made by subsection 3(2) and item 172 of Schedule 1 apply in relation to payments made on or after 29 September 1994. (4) The amendments of the Income Tax Assessment Act 1936 made by subsection 6(2) and Divisions 1 and 2 of Part 3 of Schedule 4 apply in relation to payments made on or after 1 July 1994. SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SCHEDULE 1
SCHEDULE 1 Section 3 AMENDMENTS RELATING TO PARENTING ALLOWANCE PART 1-THE PARENTING ALLOWANCE 1. Part 2.18: Repeal the Part, substitute: "PART 2.18-PARENTING ALLOWANCE "Division 1-Parenting allowance child status Parenting allowance child "901. Subject to sections 902 to 904, a parenting allowance child is a child who: (a) has not turned 16; and (b) is a dependent child of a person. Note: For 'dependent child' see subsections 5(2) to (9). Parenting allowance child-child absent from Australia for more than 13 weeks "902.(1) If a dependent child: (a) leaves Australia temporarily; and (b) continues to be absent from Australia for more than 13 weeks; the child cannot be a parenting allowance child at any time after the 13 weeks while the child remains absent from Australia.
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"(2) For the purposes of subsection (1), in determining if an absence is temporary, regard must be had to the following factors: (a) the purpose of the absence; (b) the intended duration of the absence; (c) the frequency of such absences. Parenting allowance child-child born outside Australia "903. If a dependent child: (a) is born outside Australia; and (b) continues to be absent from Australia for more than 13 weeks; the child cannot be a parenting allowance child at any time after the 13 weeks while the child remains absent from Australia. Parenting allowance child-child subsequently departs Australia "904. If: (a) a dependent child is not a parenting allowance child because of section 902 or 903, or because of a previous application of this section; and (b) the child comes to Australia; and (c) the child leaves Australia less than 13 weeks later; the child cannot be a parenting allowance child when the child leaves Australia as mentioned in paragraph (c). "Division 2-Qualification for and payability of parenting allowance "Subdivision A-Qualification for parenting allowance Qualification for parenting allowance "905. A person is qualified for parenting allowance if the person: (a) is a member of a couple; and (b) has at least one parenting allowance child; and (c) is an Australian resident, or has a qualifying residence exemption for parenting allowance; and (d) is in Australia, or satisfies the requirements of section 906. Note 1: See section 4 for whether a person is a member of a couple. Note 2: For 'Australian resident' and 'qualifying residence exemption' see section 7. Qualification for parenting allowance-temporary absences from Australia "906.(1) Subject to subsection (3), for the purposes of paragraph 905(d), a person satisfies the requirements of this section if the person: (a) is temporarily absent from Australia; and (b) has not been absent from Australia for more than 13 weeks. "(2) For the purposes of subsection (1), in determining if an absence is temporary, regard must be had to the following factors: (a) the purpose of the absence; (b) the intended duration of the absence; (c) the frequency of such absences. "(3) If: (a) a person does not satisfy the requirements of this section: (i) because the person's absence from Australia is not temporary; or (ii) because the person has been absent from Australia for more than 13 weeks; or (iii) because of a previous application of this subsection; and (b) the person comes to Australia; and (c) the person leaves Australia again less than 13 weeks later; the person is taken, for the purposes of paragraph 905(d), not to satisfy the requirements of this section when the person leaves Australia as mentioned in paragraph (c). Qualification for parenting allowance-assurance of support "907. A person is not qualified for parenting allowance if the Secretary is satisfied that: (a) an assurance of support is in force in respect of the person (the 'assuree'); and (b) the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and (c) it would be reasonable for the assuree to accept that support. Note: For 'assurance of support' see subsection 23(1). Qualification for parenting allowance-unemployment due to industrial action "908.(1) If: (a) a person has claimed but has not yet received parenting allowance; and (b) when the claim was lodged, the person was unemployed; the person is not qualified for parenting allowance unless the Secretary is satisfied that the person's unemployment is not due to the person being, or having been, engaged in industrial action or a series of industrial actions. "(2) For the purposes of subsection (1) and without limiting that subsection, a person is taken not to be, or to have been, engaged in industrial action or a series of industrial actions if the Secretary is satisfied that the person's unemployment is due to other people being, or having been, engaged in industrial action or in a series of industrial actions, and that: (a) if industrial action is still being engaged in: (i) the people, or some of the people, are members of a trade union that is involved in the industrial action, or have been such members at any
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time since industrial action started; and (ii) the person has not been a member of that trade union at any time since industrial action started; or (b) if industrial action has stopped: (i) at any time while industrial action was being engaged in, the people, or some of the people, were members of a trade union that was involved in the industrial action; and (ii) the person was not a member of that trade union at any time while industrial action was being engaged in. "(3) Subsection (1) does not prevent a person from being qualified for parenting allowance on a payday that occurs after the relevant industrial action or series of industrial actions has stopped. Note: For 'industrial action', 'trade union' and 'unemployment' see section 16. "Subdivision B-Payability of parenting allowance Parenting allowance not payable in some circumstances "909.(1) Even though a person is qualified for parenting allowance, the allowance may not be payable to the person because: (a) the allowance has not commenced to be payable (see sections 910 and 938); or (b) the person has not provided a tax file number for the person (see sections 912, 932 and 948) or for the person's partner (see sections 913, 933 and 949); or (c) another person is receiving parenting allowance in respect of the same child (see section 914); or