SOCIAL SECURITY LEGISLATION AMENDMENT (FAMILY MEASURES) ACT 1995 No. 106, 1995
Making Information - Assented to 29 September 1995
SOCIAL SECURITY LEGISLATION AMENDMENT (FAMILY MEASURES) ACT 1995 No. 106, 1995 - TABLE OF PROVISIONS
CONTENTS Section 1. Short title 2. Commencement 3. Amendments SCHEDULE 1 AMENDMENT OF THE SOCIAL SECURITY ACT 1991 IN RELATION TO MATERNITY ALLOWANCE SCHEDULE 2 AMENDMENT OF THE SOCIAL SECURITY ACT 1991 TO AMALGAMATE BASIC FAMILY PAYMENT AND ADDITIONAL FAMILY PAYMENT SCHEDULE 3 AMENDMENT OF THE SOCIAL SECURITY ACT 1991 IN RELATION TO THE CALCULATION OF RATE OF FAMILY PAYMENT SCHEDULE 4 OTHER AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 SCHEDULE 5 AMENDMENT OF THE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990 IN RELATION TO MATERNITY ALLOWANCE SCHEDULE 6 AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936 IN RELATION TO MATERNITY ALLOWANCE SCHEDULE 7 AMENDMENT OF THE VETERANS' ENTITLEMENTS ACT 1986 IN RELATION TO FAMILY PAYMENT SCHEDULE 8 AMENDMENTS OF THE CHILD SUPPORT (ASSESSMENT) ACT 1989 IN RELATION TO FAMILY PAYMENT SCHEDULE 9 AMENDMENT OF THE HEALTH INSURANCE ACT 1973 IN RELATION TO FAMILY PAYMENT SCHEDULE 10 AMENDMENT OF THE SOCIAL SECURITY (NON-BUDGET MEASURES) LEGISLATION AMENDMENT ACT 1995 SOCIAL SECURITY LEGISLATION AMENDMENT (FAMILY MEASURES) ACT 1995 No. 106, 1995 - LONG TITLE
An Act to amend legislation administered by the Minister for Social Security, and for related purposes SOCIAL SECURITY LEGISLATION AMENDMENT (FAMILY MEASURES) ACT 1995 No. 106, 1995 - SECT 1 Short title
1. This Act may be cited as the Social Security Legislation Amendment (Family Measures) Act 1995. (Minister's second reading speech made in- House of Representatives on 27 June 1995 Senate on 22 August 1995) SOCIAL SECURITY LEGISLATION AMENDMENT (FAMILY MEASURES) ACT 1995 No. 106, 1995 - SECT 2 Commencement
2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Schedules 1, 5 and 6 commence on 1 February 1996. (3) Schedules 2, 3, 4, 7, 8 and 9 commence on 1 January 1996. SOCIAL SECURITY LEGISLATION AMENDMENT (FAMILY MEASURES) ACT 1995 No. 106, 1995 - SECT 3 Amendments
3.(1) The Social Security Act 1991 is amended as set out in Schedules 1, 2, 3 and 4. (2) The Data-matching Program (Assistance and Tax) Act 1990 is amended as set out in Schedule 5. (3) The Income Tax Assessment Act 1936 is amended as set out in Schedule 6. (4) The Veterans' Entitlements Act 1986 is amended as set out in Schedule 7. (5) The Child Support (Assessment) Act 1989 is amended as set out in Schedule 8. (6) The Health Insurance Act 1973 is amended as set out in Schedule 9. (7) The Social Security (Non-Budget Measures) Legislation Amendment Act 1995 is amended as set out in Schedule 10. SOCIAL SECURITY LEGISLATION AMENDMENT (FAMILY MEASURES) ACT 1995 No. 106, 1995 - SCHEDULE 1
SCHEDULE 1 Section 3 AMENDMENT OF THE SOCIAL SECURITY ACT 1991 IN RELATION TO MATERNITY ALLOWANCE 1. After Part 2.17:
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Insert: "PART 2.17A-MATERNITY ALLOWANCE "Division 1-Interpretation Definitions "900A. In this Part, unless the contrary intention appears: child includes: (a) a stillborn child; and (b) a child who was born alive but died before the first family payment payday after the date of his or her birth. stillborn child means a child: (a) who weighs at least 400 grams at delivery or whose period of gestation was at least 20 weeks; and (b) who has not breathed since delivery; and (c) whose heart has not beaten since delivery. "Division 2-Qualification for maternity allowance Qualification "900B.(1) A person is qualified for maternity allowance in respect of a child if, and only if, the applicable requirements of this section are satisfied. "(2) The first requirement is that the child is born on or after 1 February 1996. "(3) The second requirement, which applies only if the child is entrusted to the care of the person or the person's partner within 13 weeks after the date of the child's birth, is that the child continues, or is likely to continue, in that care for not less than 13 weeks. "(4) The third requirement, which applies only if the child is not a child referred to in paragraph (a) or (b) of the definition of child in section 900A, is that the person is qualified for family payment in respect of the child on any payday that occurs within 13 weeks after the date of the child's birth. "(5) The fourth requirement, which applies only if the child is a child referred to in paragraph (a) or (b) of the definition of child in section 900A, is that, had the child not been a child referred to in either of those paragraphs, the person would have been qualified for family payment in respect of the child on any payday that occurs within 13 weeks after the date of the child's birth. Note: For family payment see Part 2.17. Approved care organisation not qualified for maternity allowance "900C. An approved care organisation is not qualified for maternity allowance. Note: For approved care organisation see subsection 6(1). Provision of person's tax file number "900D.(1) Maternity allowance is not payable to a person unless: (a) the person has given the Secretary a written statement of the person's tax file number; or (b) the person has given the Secretary a declaration by the person in a form approved by the Secretary and satisfied either subsection (2) or (3). "(2) The person satisfies this subsection if: (a) the person's declaration states that the person: (i) has a tax file number but does not know what it is; and (ii) has asked the Commissioner of Taxation to inform the person of the person's tax file number; and (b) the person has given the Secretary a document by the person that authorises the Commissioner of Taxation to tell the Secretary: (i) whether the person has a tax file number; and (ii) if the person has a tax file number-the tax file number; and (c) the Commissioner of Taxation has not told the Secretary that the person has no tax file number. "(3) The person satisfies this subsection if: (a) the person's declaration states that the person has applied for a tax file number; and (b) the person has given the Secretary a document by the person that authorises the Commissioner of Taxation to tell the Secretary: (i) if a tax file number is issued to the person-the tax file number; or (ii) if the application is refused-that the application has been refused; or (iii) if the application is withdrawn-that the application has been withdrawn; and (c) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and (d) the Commissioner of Taxation has not told the Secretary that an application by the person for a tax file number has been refused; and (e) the application for a tax file number has not been withdrawn. Provision of partner's tax file number "900E.(1) Subject to subsection (4), maternity allowance is not payable to a person who is a member of a couple unless: (a) the person has given the Secretary a written statement of the partner's tax file number; or (b) the person has given the Secretary a declaration by the partner in a form approved by the Secretary and satisfied either subsection (2) or (3).
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"(2) The person satisfies this subsection if: (a) the partner's declaration states that the partner: (i) has a tax file number but does not know what it is; and (ii) has asked the Commissioner of Taxation to inform the partner of the partner's tax file number; and (b) the person has given the Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary: (i) whether the partner has a tax file number; and (ii) if the partner has a tax file number-the tax file number; and (c) the Commissioner of Taxation has not told the Secretary that the partner has no tax file number. "(3) The person satisfies this subsection if: (a) the partner's declaration states that an application by the partner for a tax file number is pending; and (b) the person has given the Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary: (i) if a tax file number is issued to the partner-the tax file number; or (ii) if the application is refused-that the application has been refused; or (iii) if the application is withdrawn-that the application has been withdrawn; and (c) the Commissioner of Taxation has not told the Secretary that an application by the partner for a tax file number has been refused; and (d) the application for a tax file number has not been withdrawn. "(4) The Secretary may waive the request for a statement of the partner's tax file number if the Secretary is satisfied that: (a) the person does not know the partner's tax file number; and (b) the person can obtain none of the following from the partner: (i) the partner's tax file number; (ii) a statement of the partner's tax file number; (iii) a declaration by the partner under paragraph (1)(b). "Division 3-Payability of maternity allowance Amount of maternity allowance "900F.(1) The amount of maternity allowance in respect of a child is 3 times the amount stated in column 3 of item 1 in Table C in point 1068A-C2 in Module C of the Parenting Allowance Rate Calculator in section 1068A. "(2) The amount of maternity allowance is payable as a lump sum. Maternity allowance not payable to more than one person "900G.(1) Subject to this section, if a person is receiving family payment in respect of a child, maternity allowance is not payable to any other person in respect of the same child. "(2) Maternity allowance is not payable to a person in respect of a child if another person has already received maternity allowance in respect of the child. "(3) If: (a) no-one is receiving family payment in respect of a child; and (b) 2 or more people apply for maternity allowance in respect of the child; and (c) the Secretary is satisfied that at least 2 of them are qualified for maternity allowance in respect of the child; the Secretary is to make a declaration: (d) stating which of them the Secretary is satisfied are qualified for maternity allowance in respect of the child; and (e) naming one of them as the person to whom maternity allowance is payable in respect of the child. "(4) If such a declaration is made, maternity allowance in respect of the child to which the declaration relates is not payable to any person who is not named in the declaration as mentioned in paragraph (3)(e). "(5) The Secretary is to give notice of the declaration to each of the people involved. "Division 4-Claim for maternity allowance Need for a claim "900H.(1) A person who wants to be granted maternity allowance must make a proper claim for the allowance. Note: For proper claim see section 900K (form), section 900L (manner of lodgment) and section 900M (inhabitant of Australia). "(2) If: (a) a claim for maternity allowance is made by or on behalf of a person; and (b) at the time when the claim was made the claim could not be granted because the person was not qualified for maternity allowance; then, subject to section 900J, the claim is taken not to have been made. Early claims "900J. If: (a) a person lodges a claim for maternity allowance; and (b) the person is not qualified for maternity allowance on the day on which the claim is lodged; and (c) the person becomes qualified for maternity allowance during the period of 13 weeks that starts on the day immediately after that day;
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subsection 900H(2) does not apply in relation to the claim. Form of claim "900K.(1) To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary. "(2) A claim for maternity allowance may be made either as part of, or separately from, a claim for family payment. Lodgment of claim "900L.(1) To be a proper claim, a claim: (a) must be lodged: (i) at an office of the Department; or (ii) at a place approved for the purpose by the Secretary; or (iii) with a person approved for the purpose by the Secretary; and (b) must be so lodged within 26 weeks after the date of the child's birth. "(2) Subject to subsection (3), a place or person approved under subsection (1) must be a place or person in Australia. "(3) The Secretary may approve a place or person outside Australia under subsection (1) for the purpose of lodgment of claims made under an international agreement. Note: For international agreements see Part 4.1.