Family and Community Services Legislation Amendment Act 2003 (Cth)

Family and Community Services Legislation Amendment Act 2003 No. 30, 2003 An Act to amend the social security law and the family assistance law, to amend certain other Acts, and to repeal the First Home Owners Act 1983, and for related purposes Contents 1 Short title 2 Commencement 3 Schedule(s) 4 Transitional provisions relating to child care benefit for foster children Schedule 1—Amendments of the social security law Part 1—Amendments commencing on Royal Assent Social Security Act 1991 Social Security (Administration) Act 1999 Part 2—Other amendments Social Security Act 1991 Social Security (Administration) Act 1999 Social Security (International Agreements) Act 1999 Schedule 2—Amendments of the family assistance law and certain related Acts Part 1—Amendments commencing on Royal Assent A New Tax System (Family Assistance) Act 1999 A New Tax System (Family Assistance) (Administration) Act 1999 Part 2—Amendments related to the A New Tax System (Family Assistance and Related Measures) Act 2000 A New Tax System (Family Assistance) Act 1999 A New Tax System (Family Assistance) (Administration) Act 1999 Part 3—Other amendments of the family assistance law A New Tax System (Family Assistance) Act 1999 A New Tax System (Family Assistance) (Administration) Act 1999 Part 4—Amendment of related Acts A New Tax System (Family Assistance and Related Measures) Act 2000 A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999 A New Tax System (Tax Administration) Act 1999 Schedule 2A—Amendments of the family assistance law relating to child care benefits for foster children A New Tax System (Family Assistance) Act 1999 Schedule 3—Amendment of other Acts Commonwealth Services Delivery Agency Act 1997 Family and Community Services Legislation Amendment (1999 Budget and Other Measures) Act 1999 Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 Social Security Legislation Amendment (Concession Cards) Act 2001 Veterans' Entitlements Act 1986 Youth Allowance Consolidation Act 2000 Schedule 4—Formal amendments of the social security law Social Security Act 1991 Social Security (Administration) Act 1999 Schedule 5—Repeal First Home Owners Act 1983 Family and Community Services Legislation Amendment Act 2003 No. 30, 2003 An Act to amend the social security law and the family assistance law, to amend certain other Acts, and to repeal the First Home Owners Act 1983, and for related purposes [Assented to 15 April 2003] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Family and Community Services Legislation Amendment Act 2003. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent 15 April 2003 2. Schedule 1, items 1 to 112 The day on which this Act receives the Royal Assent 15 April 2003 3. Schedule 1, item 113 Immediately after the commencement of the provisions of the Youth Allowance Consolidation Act 2000 that commenced in accordance with subsection 2(1) of that Act 6 July 2000 4. Schedule 1, items 114 to 116 1 July 2000 1 July 2000 5. Schedule 1, items 117 to 123 Immediately after the commencement of those provisions of the Social Security (Administration) Act 1999 that commenced in accordance with subsection 2(1) of that Act 20 March 2000 6. Schedule 1, item 124 1 July 2000 1 July 2000 7. Schedule 2, items 1 to 51 The day on which this Act receives the Royal Assent 15 April 2003 8. Schedule 2, items 52 to 72 Immediately after the commencement of the provisions of the A New Tax System (Family Assistance and Related Measures) Act 2000 referred to in subsection 2(2) of that Act 1 July 2000 9. Schedule 2, items 73 to 83 1 July 2000 1 July 2000 10. Schedule 2, items 84 to 86 Immediately after the commencement of Schedule 2 to the A New Tax System (Family Assistance and Related Measures) Act 2000 1 July 2000 11. Schedule 2, item 87 Immediately after the commencement of section 2 of the A New Tax System (Family Assistance and Related Measures) Act 2000 3 May 2000 12. Schedule 2, item 88 Immediately after the commencement of Schedule 7 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 1 July 2000 13. Schedule 2, item 89 Immediately after the commencement of section 2 of the Youth Allowance Consolidation Act 2000 6 July 2000 14. Schedule 2, item 90 Immediately after the commencement of the provisions of Schedule 5 to the A New Tax System (Tax Administration) Act 1999 that commenced in accordance with subsection 2(9) of that Act 1 July 2000 14A. Schedule 2A 1 July 2000 1 July 2000 15. Schedule 3, item 1 The day on which this Act receives the Royal Assent 15 April 2003 16. Schedule 3, item 2 Immediately after the commencement of section 2 of the Youth Allowance Consolidation Act 2000 6 July 2000 17. Schedule 3, items 3 and 4 Immediately after the commencement of Schedule 1 to the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 20 March 2000 18. Schedule 3, item 5 The day on which this Act receives the Royal Assent 15 April 2003 19. Schedule 3, item 6 Immediately after the commencement of Schedule 1 to the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 20 March 2000 20. Schedule 3, item 7 The day on which this Act receives the Royal Assent 15 April 2003 21. Schedule 3, item 8 Immediately after the commencement of the Social Security Legislation Amendment (Concession Cards) Act 2001 1 July 2001 22. Schedule 3, items 9 to 14 The day on which this Act receives the Royal Assent 15 April 2003 23. Schedule 3, item 15 Immediately after the commencement of Part 2 of Schedule 2 to the Youth Allowance Consolidation Act 2000 1 July 1999 24. Schedule 3, item 16 Immediately after the commencement of item 2 of Schedule 4 to the Youth Allowance Consolidation Act 2000 6 July 2000 25. Schedule 4, items 1 to 22 The day on which this Act receives the Royal Assent 15 April 2003 26. Schedule 4, item 23 1 July 2000 1 July 2000 27. Schedule 4, items 24 to 99 The day on which this Act receives the Royal Assent 15 April 2003 28. Schedule 4, item 100 Immediately after the commencement of Part 1 of Schedule 1 to the Social Security Legislation Amendment (Parenting and Other Measures) Act 1997 20 March 1998 29. Schedule 4, items 101 to 117 The day on which this Act receives the Royal Assent 15 April 2003 30. Schedule 5 The day on which this Act receives the Royal Assent 15 April 2003 Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act. 3 Schedule(s) 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. 4 Transitional provisions relating to child care benefit for foster children Claim refused before commencement: past period care by approved child care service or registered carer; substitution claim (1) If: (a) a claim for child care benefit under paragraph 49B(b), (c) or (d) of the Administration Act was refused before the commencing time; and (b) at any time during the claim period, the child was an eligible foster child; then: (c) the refusal may be reviewed by the Secretary, on his or her own initiative, under section 105 of the Administration Act; and (d) an application for review of the refusal may be made under section 109A of the Administration Act at any time before the transitional deadline. This subsection applies whether or not the refusal has already been reviewed before the commencing time. Extension of claim period: past period care by approved child care service (2) Paragraph 49J(2)(b) of the Administration Act does not prevent the making of a claim if: (a) the claim is made before the transitional deadline and after the end of the income year in which the claim period occurs; and (b) the claim is for a period that is wholly before the commencing time; and (c) at any time during the claim period, the child was an eligible foster child. Extension of claim period: past period care by registered carer (3) Subsection 49K(2) of the Administration Act does not prevent the making of a claim if: (a) the claim is made before the transitional deadline; and (b) the claim is for a period that is wholly before the commencing time; and (c) at any time during the claim period, the child was an eligible foster child. Extension of claim period: substitution claim (4) Subsection 49L(2) of the Administration Act does not prevent the making of a claim if: (a) the claim is made before the transitional deadline; and (b) the claim is for a period that is wholly before the commencing time; and (c) at any time during the claim period, the child was an eligible foster child. Variation of conditional eligibility determination for fee reduction (5) If a conditional eligibility determination under section 50F of the Administration Act was varied before the commencing time on the ground that paragraph 49(1)(a) of the Family Assistance Act prevented eligibility, then that variation is taken never to have had any effect. Definitions (6) In this section: Administration Act means the A New Tax System (Family Assistance)(Administration) Act 1999. commencing time means the beginning of the day on which this Act received the Royal Assent. eligible foster child means a child who is in the care of a foster parent under a law referred to in paragraph 49(1)(a) of the Family Assistance Act. Family Assistance Act means the A New Tax System (Family Assistance) Act 1999. refused means refused by means of a no entitlement determination under section 52G or 53E of the Administration Act. transitional deadline means the end of the first financial year after the financial year in which this Act received the Royal Assent. Schedule 1—Amendments of the social security law Part 1—Amendments commencing on Royal Assent Social Security Act 1991 1 Subsection 9(1D) Move to immediately after subsection (1C). 2 Subparagraph 9B(2)(a)(i) Repeal the subparagraph, substitute: (i) if the person's life expectancy is less than 15 years—throughout a period that is equal to the person's life expectancy or, if the person's life expectancy does not consist of a number of whole years, throughout any period not less than the person's life expectancy and not greater than the person's life expectancy, rounded up, in either case, to the next whole number of years; or 3 Subparagraph 9B(2)(h)(iii) Repeal the subparagraph, substitute: (iii) if the legal or equitable interest in the payment resulting from the commutation is transferred: (A) on the death of a person, to the benefit of a reversionary beneficiary or, if there is no reversionary beneficiary, to the person's estate; or (B) on the death of a reversionary beneficiary (the deceased reversionary beneficiary), to the benefit of another reversionary beneficiary or, if there is no other reversionary beneficiary, to the estate of the deceased reversionary beneficiary; or 4 Section 10 Repeal the section, substitute: 10 Maintenance income definitions In this Act, unless the contrary intention appears, the expressions disability expenses maintenance, maintenance and maintenance income have the same respective meanings as in the Family Assistance Act. 6 Subsection 23(12) Repeal the subsection, substitute: (12) If: (a) section 237 of the Administration Act applies to a notice of a decision under this Act; or (b) sections 28A and 29 of the Acts Interpretation Act 1901 (the Interpretation Act) apply to a notice under this Act; section 237 of the Administration Act, or sections 28A and 29 of the Interpretation Act, as the case may be, apply to the notice even if the Secretary is satisfied that the person did not actually receive the notice. 7 At the end of section 23 Add: (19) In this Act, the expressions transfer day and transferee, in relation to a person or a social security pension or benefit, have the same meaning as they have in the Administration Act. 8 Paragraph 198(2)(a) Repeal the paragraph, substitute: (a) either: (i) if the person is the only person providing the constant care—a disabled adult (the care receiver) who has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 25, being a score calculated on the basis of a total professional questionnaire score of at least 10; or (ii) if not—a disabled adult (the care receiver) who has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 80, being a score calculated on the basis of a total professional questionnaire score of at least 32; or 9 Subparagraph 198(2)(d)(i) Repeal the subparagraph, substitute: (i) the disabled adult has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 20, being a score calculated on the basis of a total professional questionnaire score of at least 8; and 10 Subsection 550B(1) Omit "(2) and (3)", substitute "(2), (3) and (4)". 11 At the end of section 550B Add: (4) If: (a) an activity test non‑payment period under this Part applies to a person (or would apply to a person apart from this subsection); and (b) the person becomes a CDEP Scheme participant; the period stops applying to the person from and including the day on which the person becomes a CDEP Scheme participant. (5) Subsection (4) has effect regardless of how long the person continues to be a CDEP Scheme participant. 12 Paragraphs 552(2)(c) and (d) Repeal the paragraphs, substitute: (c) an assurance of support applies to the person. 13 Subsection 557A(1) Omit "(2) and (3)", substitute "(2), (3) and (4)". 14 At the end of section 557A Add: (4) If: (a) an activity test breach rate reduction period under this Part applies to a person (or would apply to a person apart from this subsection); and (b) the person becomes a CDEP Scheme participant; the period stops applying to the person from and including the day on which the person becomes a CDEP Scheme participant. (5) Subsection (4) has effect regardless of how long the person continues to be a CDEP Scheme participant. 15 Subsection 558(1) Repeal the subsection, substitute: (1) Subject to subsection (2), an administrative breach rate reduction period applies to a person if the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 64, 67, 68, 75 or 192 of the Administration Act. 16 Subsection 558A(1) Omit "(2) and (3)", substitute "(2), (3) and (4)". 17 At the end of section 558A Add: (4) If: (a) an administrative breach rate reduction period under this Part applies to a person (or would apply to a person apart from this subsection); and (b) the person becomes a CDEP Scheme participant; the period stops applying to the person from and including the day on which the person becomes a CDEP Scheme participant. (5) Subsection (4) has effect regardless of how long the person continues to be a CDEP Scheme participant. 19 Section 569B Omit "that the Employment Minister has". 20 Subsection 569G(5) Repeal the subsection, substitute: Meaning of secondary course (5) For the purposes of this section, a course is a secondary course if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a secondary course for the purposes of that Act. 21 Subsection 569H(13) Repeal the subsection, substitute: Meaning of tertiary course (13) For the purposes of this section, a course is a tertiary course if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a tertiary course for the purposes of that Act. 22 Subsection 575A(1) (note 2) Repeal the note. 23 Paragraphs 578(2)(c) and (d) Repeal the paragraphs, substitute: (c) an assurance of support applies to the person. 24 At the end of section 578 Add: (3) An austudy payment is not payable to a person in respect of a period if the person is a CDEP Scheme participant in respect of the whole or any part of the period. 25 Subsection 583(1) Repeal the subsection, substitute: General rule (1) Subject to subsection (2), an administrative breach rate reduction period applies to a person if the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 63, 67, 68, 75 or 192 of the Administration Act. 26 Section 631 Omit "63, 64, 67,", substitute "64, 67, 68,". 27 Subsection 631B(1) Omit "provisions in this Act", substitute "provision of the social security law". 28 After Subdivision GA of Division 1 of Part 2.12 Insert: Subdivision GB—Participation in a CDEP project 631D Definitions For the purposes of this Subdivision: activity test penalty period, in relation to a person, means a period during which a newstart allowance that would otherwise be payable to the person is payable at a reduced rate, or is not payable, because of the operation of section 624, 625, 626, 628, 629, 630 or 630AA in relation to an act or omission of the person. administrative penalty period, in relation to a person, means a period during which a newstart allowance that would otherwise be payable to the person is payable at a reduced rate because of the operation of section 631 of this Act or section 63 of the Administration Act in relation to an act or omission of the person. penalty period means: (a) activity test penalty period; or (b) administrative penalty period. 631E Penalty periods cease to apply when person becomes CDEP Scheme participant (1) In spite of any provision of the social security law, if: (a) a penalty period or a number of penalty periods apply to a person (or would apply to a person apart from this subsection); and (b) the person becomes a CDEP Scheme participant; the penalty period or periods stop applying to the person from and including the day on which the person becomes a CDEP Scheme participant. (2) Subsection (1) has effect regardless of how long the person continues to be a CDEP Scheme participant. 29 Division 1 of Part 2.13A (heading) Repeal the heading, substitute: Division 1—Recipients of pension PP (single) Note: The heading to section 665A is replaced by the heading "Payment to recipient of pension PP (single)". 30 Division 6 of Part 2.13A (heading) Repeal the heading, substitute: Division 6—Newstart allowance recipients 31 Subparagraph 665U(1)(a)(i) After "scheme", insert "or an approved course of education or study for the purposes of paragraph 541B(1)(c) or 569A(b)". 32 Subparagraphs 665U(1)(c)(ii) and (iii) Repeal the subparagraphs, substitute: (ii) is not qualified for youth allowance as a full‑time student, austudy payment or payments under the ABSTUDY scheme because the person takes part in the course to satisfy the activity test under section 601 or to comply with a Newstart Activity Agreement; and 33 Division 12 of Part 2.13A (heading) Repeal the heading, substitute: Division 12—Recipients of PP (partnered) Note: The heading to section 665ZU is replaced by the heading "Payment to recipient of PP (partnered). 34 Paragraph 729B(2)(b) Omit "provisional commencement", substitute "start". 35 Subsection 771HA(1B) Repeal the subsection, substitute: (1B) For the purposes of paragraph (1)(c), if the person's partner would be receiving newstart allowance except for the imposition of a period of non‑payment under: (a) Subdivision D of Division 2 of Part 2.11; or (b) Subdivision E of Division 2 of Part 2.11A; or (c) Subdivision F of Division 1 of Part 2.12; or (d) section 634; the partner is taken to be receiving newstart allowance. 36 Paragraph 771HA(3)(b) Repeal the paragraph, substitute: (b) a period of non‑payment applies to the person under: (i) Subdivision D of Division 2 of Part 2.11; or (ii) Subdivision E of Division 2 of Part 2.11A; or (iii) Subdivision F of Division 1 of Part 2.12; or (iv) section 634; or 37 Subparagraph 953(1)(c)(ii) Repeal the subparagraph, substitute: (ii) the care receiver has been assessed and rated under the Child Disability Assessment Tool and given a positive score under that assessment tool not less than 1, being a score calculated on the basis of a professional questionnaire score greater than 0; and 38 Paragraph 953(2)(c) Repeal the paragraph, substitute: (c) each care receiver has been assessed and rated under the Child Disability Assessment Tool and given a positive score under that assessment tool less than 1, being a score calculated on the basis of a professional questionnaire score greater than 0; and (ca) the sum of the scores of the care receivers under the Child Disability Assessment Tool is positive and not less than 1; and 39 Paragraph 954(1)(c) Repeal the paragraph, substitute: (c) the care receiver has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 30, being a score calculated on the basis of a professional questionnaire score of at least 12; and 40 Subsections 999(1) and (1A) Repeal the subsections, substitute: Persons other than approved care organisations (1) A person is qualified for a double orphan pension for a young person if: (a) the young person is an FTB child of the person, or would be an FTB child of the person except that the young person, or someone on behalf of the young person, is receiving payments under a prescribed educational scheme; and (b) the person is eligible for family tax benefit, or would be so eligible except that: (i) the young person is not an FTB child of the person, but only because of the receipt of the payments referred to in paragraph (a); or (ii) the person's rate of family tax benefit, worked out under Division 1 of Part 4 of the Family Assistance Act, is nil; and (c) on the day on which the person claims the double orphan pension, the young person is a double orphan; and (d) either: (i) the young person continues to be a double orphan; or (ii) if the young person is no longer a double orphan, the person has not become aware that the young person is no longer a double orphan. 41 Section 1003 Omit "a family allowance instalment period", substitute "an instalment period for family tax benefit". 42 At the end of section 1003 Add: (2) In subsection (1): instalment period for family tax benefit means a period that is an instalment period for the purposes of section 23 of the Family Assistance Administration Act. 43 Section 1035 Repeal the section, substitute: 1035 Qualification for mobility allowance (1) A person is qualified for a mobility allowance if the person satisfies the travel test set out in subsection (2) and: (a) all of the following apply: (i) the person is a handicapped person; (ii) the person is engaged in gainful employment; (iii) the Secretary is of the opinion that: (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and (B) the person's inability to use public transport without substantial assistance is due to the person's physical or mental disability; and (C) the person is engaged in the gainful employment for at least 32 hours in every 4 weeks on a continuing basis; (iv) the person is an Australian resident; or (b) all of the following apply: (i) the person is a handicapped person; (ii) the person is undertaking vocational training; (iii) the Secretary is of the opinion that: (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and (B) the person's inability to use public transport without substantial assistance is due to the person's physical or mental disability; and (C) the person is undertaking the vocational training for at least 32 hours in every 4 weeks on a continuing basis; (iv) the person is an Australian resident; or (c) all of the following apply: (i) the person is a handicapped person; (ii) the person is receiving newstart allowance, youth allowance or austudy payment; (iii) the Secretary is of the opinion that: (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and (B) the person's inability to use public transport without substantial assistance is due to the person's physical or mental disability; and (iv) the person is required to satisfy the activity test; (v) the person is an Australian resident; or (d) all of the following apply: (i) the person is a handicapped person; (ii) the Secretary is of the opinion that: (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and (B) the person's inability to use public transport without substantial assistance is due to the person's physical or mental disability; and (C) the person is undertaking job search activities under an agreement between the Secretary and a service provider nominated by the Secretary of the Employment Department; (iii) the person is an Australian resident; or (e) all of the following apply: (i) the person is a handicapped person; (ii) the Secretary is of the opinion that: (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and (B) the person's inability to use public transport without substantial assistance is due to the person's physical or mental disability; and (C) the person is undertaking job search activities under the Competitive Employment Placement and Training Program administered by the Department; (iii) the person is an Australian resident; or (f) all of the following apply: (i) the person is a handicapped person; (ii) the Secretary is of the opinion that: (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and (B) the person's inability to use public transport without substantial assistance is due to the person's physical or mental disability; and (C) the person is engaged in voluntary work for at least 32 hours in every 4 weeks on a continuing basis; (iii) the person is an Australian resident; or (g) all of the following apply: (i) the person is a handicapped person; (ii) the Secretary is of the opinion that: (A) the person is unable to use public transport without substantial assistance, either permanent