Commonwealth: Clean Energy (Household Assistance Amendments) Act 2011 (Cth)

Clean Energy (Household Assistance Amendments) Act 2011 Act No. 141 of 2011 as amended This compilation was prepared on 1 January 2013 taking into account amendments up to Act No. 98 of 2012 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Parliamentary Counsel, Canberra Contents 1 Short title [see Note 1]........................... 2 Commencement 3 Schedule(s) Schedule 1—Clean energy payments under the social security law Part 1—Clean energy advances Division 1—Main amendment Social Security Act 1991 Division 2—Other amendments Social Security Act 1991 Social Security (Administration) Act 1999 Part 2—Clean energy supplement Division 1—Supplement payable from 20 March 2013 Social Security Act 1991 Social Security (Administration) Act 1999 Division 2—Supplement payable from 1 January 2014 Social Security Act 1991 Part 3—Quarterly clean energy supplement Division 1—Main amendments Social Security Act 1991 Social Security (Administration) Act 1999 Division 2—Other amendments Social Security Act 1991 Social Security (Administration) Act 1999 Part 4—Indexation Social Security Act 1991 Part 5—Other amendments Social Security Act 1991 Social Security (Administration) Act 1999 Schedule 2—Clean energy payments under the family assistance law Part 1—Clean energy advances for individuals A New Tax System (Family Assistance) Act 1999 A New Tax System (Family Assistance) (Administration) Act 1999 Part 2—Clean energy supplement for individuals A New Tax System (Family Assistance) Act 1999 A New Tax System (Family Assistance) (Administration) Act 1999 Part 3—Clean energy advances for approved care organisations Part 4—Clean energy supplement for approved care organisations A New Tax System (Family Assistance) Act 1999 Part 5—Other amendments A New Tax System (Family Assistance) Act 1999 A New Tax System (Family Assistance) (Administration) Act 1999 Schedule 3—Clean energy payments under the Veterans' Entitlements Act Part 1—Clean energy advances Veterans' Entitlements Act 1986 Part 2—Clean energy supplements and quarterly clean energy supplement Veterans' Entitlements Act 1986 Part 3—Indexation Veterans' Entitlements Act 1986 Schedule 4—Clean energy payments under the Military Rehabilitation and Compensation Act Part 1—Clean energy advances Military Rehabilitation and Compensation Act 2004 Part 2—Clean energy supplements Division 1—Amendments commencing on 20 March 2013 Military Rehabilitation and Compensation Act 2004 Division 2—Amendments commencing on 1 July 2013 Military Rehabilitation and Compensation Act 2004 Part 3—Indexation Military Rehabilitation and Compensation Act 2004 Schedule 5—Clean energy payments under the Farm Household Support Act Farm Household Support Act 1992 Social Security Act 1991 Schedule 6—Low income supplement Part 1—Amendment of the social security law Social Security Act 1991 Social Security (Administration) Act 1999 Part 2—Application and transitional provisions Part 3—Other amendments Income Tax Assessment Act 1936 Taxation Administration Act 1953 Schedule 7—Essential medical equipment payment Part 1—Amendment of the social security law Social Security Act 1991 Social Security (Administration) Act 1999 Part 2—Amendment of the Veterans' Entitlements Act Veterans' Entitlements Act 1986 Part 3—Application and transitional provisions Schedule 8—Single income family supplement A New Tax System (Family Assistance) Act 1999 A New Tax System (Family Assistance) (Administration) Act 1999 Schedule 9—Aged care amendments Aged Care Act 1997 Schedule 10—Other amendments A New Tax System (Family Assistance) Act 1999 Income Tax Assessment Act 1997 Social Security Act 1991 Social Security (Administration) Act 1999 Veterans' Entitlements Act 1986 Notes An Act to amend the law relating to social security, family assistance, veterans' entitlements, military rehabilitation and compensation, farm household support and aged care, and for related purposes 1 Short title [see Note 1] This Act may be cited as the Clean Energy (Household Assistance Amendments) Act 2011. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 29 November 2011 2. Schedule 1, Part 1 14 May 2012. 14 May 2012 However, if section 3 of the Clean Energy Act 2011 does not commence before 14 May 2012, the provision(s) do not commence at all. 3. Schedule 1, Part 2, Division 1 20 March 2013. 20 March 2013 However, if section 3 of the Clean Energy Act 2011 does not commence before 14 May 2012, the provision(s) do not commence at all. 4. Schedule 1, Part 2, Division 2 1 January 2014. 1 January 2014 However, if section 3 of the Clean Energy Act 2011 does not commence before 14 May 2012, the provision(s) do not commence at all. 5. Schedule 1, Parts 3, 4 and 5 20 March 2013. 20 March 2013 However, if section 3 of the Clean Energy Act 2011 does not commence before 14 May 2012, the provision(s) do not commence at all. 6. Schedule 2 14 May 2012. 14 May 2012 However, if section 3 of the Clean Energy Act 2011 does not commence before 14 May 2012, the provision(s) do not commence at all. 7. Schedule 3, Part 1 14 May 2012. 14 May 2012 However, if section 3 of the Clean Energy Act 2011 does not commence before 14 May 2012, the provision(s) do not commence at all. 8. Schedule 3, Parts 2 and 3 20 March 2013. 20 March 2013 However, if section 3 of the Clean Energy Act 2011 does not commence before 14 May 2012, the provision(s) do not commence at all. 9. Schedule 4, Part 1 14 May 2012. 14 May 2012 However, if section 3 of the Clean Energy Act 2011 does not commence before 14 May 2012, the provision(s) do not commence at all. 10. Schedule 4, Part 2, Division 1 20 March 2013. 20 March 2013 However, if section 3 of the Clean Energy Act 2011 does not commence before 14 May 2012, the provision(s) do not commence at all. 11. Schedule 4, Part 2, Division 2 1 July 2013. 1 July 2013 However, if section 3 of the Clean Energy Act 2011 does not commence before 14 May 2012, the provision(s) do not commence at all. 12. Schedule 4, Part 3 1 July 2013. 1 July 2013 However, if section 3 of the Clean Energy Act 2011 does not commence before 14 May 2012, the provision(s) do not commence at all. 13. Schedule 5 14 May 2012. 14 May 2012 However, if section 3 of the Clean Energy Act 2011 does not commence before 14 May 2012, the provision(s) do not commence at all. 14. Schedule 6 Immediately after the commencement of the provision(s) covered by table item 2. 14 May 2012 15. Schedule 7 Immediately after the commencement of the provision(s) covered by table item 14. 14 May 2012 16. Schedule 8 Immediately after the commencement of the provision(s) covered by table item 6. 14 May 2012 17. Schedule 9 1 July 2012. 1 July 2012 However, if section 3 of the Clean Energy Act 2011 does not commence before 14 May 2012, the provision(s) do not commence at all. 18. Schedule 10 14 May 2012. 14 May 2012 However, if section 3 of the Clean Energy Act 2011 does not commence before 14 May 2012, the provision(s) do not commence at all. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, 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. Schedule 1—Clean energy payments under the social security law Part 1—Clean energy advances Division 1—Main amendment Social Security Act 1991 1 After Part 2.18 Insert: Part 2.18A—Clean energy payments Division 1—Clean energy advances Subdivision A—Qualifying for clean energy advances 914 Recipients of certain social security payments Qualification for days 14 May 2012 to 30 June 2012 (1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine that a person is qualified for a clean energy advance if, on that day: (a) the person receives one of the social security payments set out in subsection (4); and (b) the person's rate of payment is greater than nil; and (ba) the person is residing in Australia; and (c) the person is in Australia. Qualification for days 1 July 2012 to 19 March 2013 (2) The Secretary may determine that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 19 March 2013: (a) the person receives one of the social security payments set out in subsection (4); and (b) the person's rate of payment is greater than nil; and (ba) the person is residing in Australia; and (c) the person is in Australia. (3) A determination under subsection (2) must specify the first day during the period set out in that subsection for which the person: (a) satisfies paragraphs (2)(a), (b) and (ba); and (b) is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 13 weeks. Clean energy qualifying payments (4) The social security payments (the clean energy qualifying payments) are as follows: (a) age pension; (b) benefit PP (partnered); (c) bereavement allowance; (d) carer payment; (e) disability support pension (other than for a person who is under 21 with no dependent children); (f) newstart allowance; (g) pension PP (single); (h) partner allowance; (i) seniors supplement; (j) sickness allowance; (k) special benefit, whose rate is worked out as if the person were qualified for newstart allowance; (l) widow allowance; (m) widow B pension; (n) wife pension. 914A Recipients of austudy, youth allowance, some disability support pensions and some special benefits Qualification for days 14 May 2012 to 30 June 2012 (1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine that a person is qualified for a clean energy advance if, on that day: (a) the person receives one of the social security payments set out in subsection (5); and (b) the person's rate of payment is greater than nil; and (ba) the person is residing in Australia; and (c) the person is in Australia. Qualification for days 1 July 2012 to 30 June 2013 (2) The Secretary may determine that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 30 June 2013: (a) the person receives one of the social security payments set out in subsection (5); and (b) the person's rate of payment is greater than nil; and (ba) the person is residing in Australia; and (c) the person is in Australia. Qualification for days 1 July 2013 to 31 December 2013 (3) The Secretary may determine that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2013 and ending on 31 December 2013: (a) the person receives one of the social security payments set out in subsection (5); and (b) the person's rate of payment is greater than nil; and (ba) the person is residing in Australia; and (c) the person is in Australia. First day of qualification under subsection (2) or (3) (4) A determination under subsection (2) or (3) must specify the first day during the period set out in that subsection for which the person: (a) satisfies paragraphs (a), (b) and (ba) of that subsection; and (b) is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 13 weeks. Clean energy qualifying payments (5) The social security payments (the clean energy qualifying payments) are as follows: (a) austudy payment; (b) disability support pension for a person who is under 21 with no dependent children; (c) special benefit, whose rate is worked out as if the person were qualified for austudy payment or youth allowance; (d) youth allowance. 914B Disregard nil rate in certain circumstances (1) For the purposes of section 914 or 914A, a person is taken to receive a social security payment at a rate greater than nil even if the person's rate would be nil merely because: (a) an election by the person under subsection 1061VA(1) is in force; or (b) the person has been paid an advance pharmaceutical allowance under the social security law. (2) For the purposes of section 914 or 914A, if a social security payment is payable to a person because of subsection 23(1D), the person is taken to receive that payment at a rate greater than nil. 914C Limits on qualifying for multiple advances (1) A person cannot qualify for more than one clean energy advance under section 914. (2) A person can qualify for at most 2 clean energy advances under section 914A: (a) one under either subsection 914A(1) or (2); and (b) one under subsection 914A(3). (3) A person who has qualified for a clean energy advance under subsection 914(1) or 914A(1) cannot qualify for a clean energy advance under the other of those subsections. Note 1: Further limits may be determined under section 918. Note 2: Top‑up payments of clean energy advance may be payable under Subdivision C if the person's circumstances change during the person's clean energy advance period. Subdivision B—Amount of a clean energy advance 914D Amount of a clean energy advance (1) On the day (the decision day) that the Secretary determines that a person (the recipient) is qualified for a clean energy advance, the Secretary must work out the amount of the advance. Note: The advance will be paid in a lump sum as soon as is reasonably practicable (see section 47D of the Administration Act). (2) The amount of the advance is the result of the following formula rounded up to the nearest multiple of $10: 914E Clean energy advance daily rate (1) The recipient's clean energy advance daily rate is worked out as follows: Working out the recipient's clean energy advance daily rate If the recipient's clean energy qualifying payment is: Use this provision: 1 (a) age pension; or subsection (2) (b) bereavement allowance; or (c) disability support pension to which neither subsection 1066A(1) nor 1066B(1) applies; or (d) wife pension; or (e) carer payment; or (f) seniors supplement; or (g) widow B pension; or (h) another payment, and the recipient reached pension age on or before the decision day 2 one of the following payments, and the recipient is under pension age on the decision day: subsection (3) (a) newstart allowance, if the recipient's maximum basic rate is worked out under point 1068‑B5; (b) pension PP (single); (c) youth allowance, if the recipient's maximum basic rate is worked out under point 1067G‑B3A 3 one of the following payments, and the recipient is under pension age on the decision day: subsection (4) (a) newstart allowance, if the recipient's maximum basic rate is not worked out under point 1068‑B5; (b) sickness allowance; (c) partner allowance; (d) widow allowance; (e) benefit PP (partnered); (f) special benefit, whose rate is worked out as if the recipient were qualified for newstart allowance 4 disability support pension to which subsection 1066A(1) or 1066B(1) applies subsection (5) 5 one of the following payments, and the recipient is under pension age on the decision day: subsection (6) (a) austudy payment; (b) youth allowance, if: (i) the recipient's maximum basic rate is not worked out under point 1067G‑B3A; and (ii) the recipient's rate of youth allowance is not worked out by adding a youth disability supplement; (c) special benefit, whose rate is worked out as if the recipient were qualified for austudy payment or youth allowance 6 youth allowance, whose rate is worked out by adding a youth disability supplement subsection (7) Note: For recipient and decision day, see subsection 914D(1). Rate for payments set out in item 1 of the table (2) The recipient's clean energy advance daily rate is worked out by: (a) working out 1.7% of the total of: (i) double the maximum basic rate under Pension Rate Calculator A, worked out for 1 July 2012 for a person who is partnered; and (ii) the combined couple rate of pension supplement for 1 July 2012; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $5.20 (rounding up if that result is not a multiple of $5.20 but is a multiple of $2.60); and (c) adding $5.20 to the result of paragraph (b); and (d) applying the applicable percentage in the following table to the result of paragraph (c); and (e) rounding the result of paragraph (d) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30); and (f) dividing the result of paragraph (e) by 364. Percentage to be applied Item Recipient's family situation on the advance qualification day Use this % 1 Not a member of a couple 66.33% 2 Partnered 50% 3 Member of an illness separated couple 66.33% 4 Member of a respite care couple 66.33% 5 Partnered (partner in gaol) 66.33% Note: This subsection covers payments covered by Pension Rate Calculator A, B or C, seniors supplement, recipients of other payments who have reached pension age and recipients of pensions covered by clause 146 of Schedule 1A. Rate for payments set out in item 2 of the table (3) The recipient's clean energy advance daily rate is worked out by: (a) working out 1.7% of the total of the maximum basic rate, and the pension supplement basic amount, for the clean energy qualifying payment, worked out: (i) for 1 July 2012; and (ii) for a person in circumstances the same as the recipient's on the advance qualification day; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that result is not a multiple of $2.60 but is a multiple of $1.30); and (c) adding $5.20 to the result of paragraph (b); and (d) dividing the result of paragraph (c) by 364. Rate for payments set out in item 3 of the table (4) The recipient's clean energy advance daily rate is worked out by: (a) working out 1.7% of the maximum basic rate for the clean energy qualifying payment, worked out: (i) for 1 July 2012; and (ii) for a person in circumstances the same as the recipient's on the advance qualification day; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and (c) adding 20 cents to the result of paragraph (b); and (d) dividing the result of paragraph (c) by 14. Rate for payments set out in item 4 of the table (5) The recipient's clean energy advance daily rate is worked out by: (a) working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, for the clean energy qualifying payment, worked out: (i) for the first day of the recipient's clean energy advance period; and (ii) for a person in circumstances the same as the recipient's on the advance qualification day; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that result is not a multiple of $2.60 but is a multiple of $1.30); and (c) adding $5.20 to the result of paragraph (b); and (d) dividing the result of paragraph (c) by 364. Rate for payments set out in item 5 of the table (6) The recipient's clean energy advance daily rate is worked out by: (a) working out 1.7% of the maximum basic rate for the clean energy qualifying payment, worked out: (i) for the first day of the recipient's clean energy advance period; and (ii) for a person in circumstances the same as the recipient's on the advance qualification day; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and (c) adding 20 cents to the result of paragraph (b); and (d) dividing the result of paragraph (c) by 14. Rate for payments set out in item 6 of the table (7) The recipient's clean energy advance daily rate is worked out by: (a) working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, for the clean energy qualifying payment, worked out: (i) for the first day of the recipient's clean energy advance period; and (ii) for a person in circumstances the same as the recipient's on the advance qualification day; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and (c) adding 20 cents to the result of paragraph (b); and (d) dividing the result of paragraph (c) by 14. 914F Number of advance days The recipient's number of advance days is the number of days in the recipient's clean energy advance period that are on or after: (a) if the recipient qualifies for the clean energy advance before 1 July 2012—1 July 2012; or (b) otherwise—the advance qualification day. Subdivision C—Top‑up payments of clean energy advance 914G Top‑up payments of clean energy advance (1) The Minister may by legislative instrument determine that persons: (a) who have been paid the amount (the original payment) of a specified clean energy advance worked out under Subdivision B in relation to a clean energy qualifying payment (the original qualifying payment); and (b) whose circumstances change, within a period specified in the instrument, in a way that is specified in the instrument and is covered by subsection (2) or (3); qualify for a further payment, of the amount worked out in accordance with the instrument, of clean energy advance. (2) This subsection covers a person's circumstances changing in a way such that: (a) on the day (the change day) the change happens, the person was still receiving the original qualifying payment; and (b) had the amount of the original payment been worked out by reference to the person's circumstances on the change day (rather than those on the advance qualification day), a greater clean energy advance daily rate would have been used for working out that amount than the rate actually used for working out that amount. (3) This subsection covers a change in a person's circumstances that, apart from a multiple qualification exclusion, would (if any necessary administrative decisions were made) qualify the person for a clean energy bonus, under an Act or a scheme, relating to a payment other than the original qualifying payment. (4) For the purposes of subsection (3), a multiple qualification exclusion is an instrument that: (a) provides a person is not qualified for a clean energy bonus under an Act or a scheme because of the person's qualification for or receipt of the original payment or the original qualifying payment; and (b) is made under: (i) section 918; or (ii) section 424L of the MRCA; or (iii) section 65A of the Veterans' Entitlements Act; or is an instrument establishing qualifications for a clean energy bonus under a scheme. (5) An instrument under subsection (1) may provide for: (a) different periods for changes in circumstances depending on different changes in circumstances; and (b) different ways of working out further amounts of the original payment depending on different changes in circumstances. Division 5—Multiple qualification exclusions 918 Multiple qualification exclusions (1) The Minister may by legislative instrument determine that persons in circumstances specified in the instrument cannot qualify for a clean energy bonus under this Act that is specified in the instrument. (2) Those circumstances must relate to persons' qualification for or receipt of one or more of the following: (a) a clean energy bonus under this Act; (b) a clean energy bonus under the MRCA; (c) a clean energy bonus under the Veterans' Entitlements Act; (d) a clean energy bonus under a scheme (however described), whether or not the scheme is provided for, by or under an Act. (3) An instrument under subsection (1) has effect according to its terms, despite any other provision of this Act. Division 2—Other amendments Social Security Act 1991 2 Subsection 23(1) Insert: advance qualification day means: (a) for a person qualifying for a clean energy advance because of a determination made under subsection 914(1) or 914A(1)—the day that determination is made; or (b) for a person qualifying for a clean energy advance because of a determination made under subsection 914(2)—the day specified in that determination because of subsection 914(3); or (c) for a person qualifying for a clean energy advance because of a determination made under subsection 914A(2) or (3)—the day specified in that determination because of subsection 914A(4). Note: The day specified in the determination because of subsection 914(3) or 914A(4) is the first day during the clean energy advance period for which the person satisfies the qualification requirements, disregarding any short temporary absence from Australia. 3 Subsection 23(1) Insert: clean energy advance means an advance described in Subdivision A or C of Division 1 of Part 2.18A. 4 Subsection 23(1) Insert: clean energy advance daily rate has the meaning given by section 914E. 5 Subsection 23(1) Insert: clean energy advance period means: (a) for a person qualifying under section 914 for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013; or (b) for a person qualifying under subsection 914A(1) or (2) for a clean energy advance—the period starting on 1 July 2012 and ending on 30 June 2013; or (c) for a person qualifying under subsection 914A(3) for a clean energy advance—the period starting on 1 July 2013 and ending on 31 December 2013. 6 Subsection 23(1) Insert: clean energy bonus under an Act or scheme means any of the following that is provided for by the Act or scheme: (a) a payment known as a clean energy advance; (c) an increase that is described using the phrase "clean energy" and affects the rate of another payment that is provided for by the Act or scheme. 7 Subsection 23(1) Insert: clean energy payment means: (a) clean energy advance; or 8 Subsection 23(1) Insert: clean energy qualifying payment, for a person, means: (a) for a person qualifying under section 914 for a clean energy advance—the social security payment set out in subsection 914(4) that the person is receiving on the advance qualification day; or (b) for a person qualifying under section 914A for a clean energy advance—the social security payment set out in subsection 914A(5) that the person is receiving on the advance qualification day. 9 Subsection 23(1) Insert: number of advance days has the meaning given by section 914F. 10 After section 1223ABE Insert: 1224 Debts relating to clean energy advances (1) This section applies if: (a) an individual is paid a clean energy advance; and (b) after the advance is paid, one of the following events happens to a determination that directly or indirectly affects the payability or amount of the advance paid to the individual: (i) the determination is changed, revoked or set aside; (ii) the determination is superseded by another determination; and (c) the event happens wholly or partly because the individual knowingly made a false or misleading statement or knowingly provided false information; and (d) had the event happened on or before the day the advance was paid: (i) the advance would not have been paid; or (ii) the advance would have been reduced. Note 1: Examples of determinations directly affecting the payability or amount of the clean energy advance are as follows: (a) a determination relating to the person's qualification for the clean energy qualifying payment to which the advance related; (b) the determination of the person's qualification for the clean energy advance. Note 2: An example of a determination indirectly affecting the amount of the advance is a determination relating to a change in circumstances that results in the person qualifying for a further payment of the advance under an instrument made under section 914G. Creation and amount of debt (2) The advance is a debt due to the Commonwealth by the individual if subparagraph (1)(d)(i) applies. (3) The amount by which the advance would have been reduced is a debt due to the Commonwealth by the individual if subparagraph (1)(d)(ii) applies. Relationship with other sections (4) Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to clean energy advances. Social Security (Administration) Act 1999 11 After section 12J Insert: 12K Clean energy advance A claim is not required for a clean energy advance. Part 2—Clean energy supplement Division 1—Supplement payable from 20 March 2013 Social Security Act 1991 12 After section 20A Insert: 20B Clean energy pension rate The clean energy pension rate is the rate worked out by: (a) working out 1.7% of the total of: (i) double the maximum basic rate under Pension Rate Calculator A, worked out for 20 March 2013 for a person who is partnered; and (ii) the combined couple rate of pension supplement for 20 March 2013; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $5.20 (rounding up if that result is not a multiple of $5.20 but is a multiple of $2.60). Note 1: This rate is indexed 6 monthly in line with CPI increases (see sections 1191 to 1194). Note 2: This is an annual rate. 13 Subsection 23(1) Insert: clean energy pension rate has the meaning given by section 20B. 14 Subsection 23(1) Insert: clean energy supplement, for a person, means the addition under the clean energy supplement Module (if any) of the relevant Rate Calculator when working out the rate of the person's social security payment. 15 Subsection 23(1) Insert: clean energy (under pension age) rate, for a person, means the person's clean energy (under pension age) rate worked out under the clean energy supplement Module (if any) of the Rate Calculator for the person's social security payment. 16 Subsection 23(1) Insert: clean energy (youth disability) rate has the meaning given by point 1067G‑BA6. 17 Section 1061UB Repeal the section, substitute: 1061UB Rate of seniors supplement The person's daily rate of seniors supplement, for a particular day, is 1/364 of the amount worked out by: (a) applying the applicable percentage in the following table to the combined couple rate of minimum pension supplement; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that result is not a multiple of $2.60 but is a multiple of $1.30); and (c) applying the applicable percentage in the following table to the clean energy pension rate if, on that day, the person is residing in Australia and: (i) is in Australia; or (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and (d) rounding the result of paragraph (c), if any, up or down to the nearest multiple of $2.60 (rounding up if that result is not a multiple of $2.60 but is a multiple of $1.30); and (e) totalling the results of paragraphs (b) and (d). Percentage to be applied Item Person's family situation Use this % 1 Not a member of a couple 66.33% 2 Partnered 50% 3 Member of an illness separated couple 66.33% 4 Member of a respite care couple 66.33% 5 Partnered (partner in gaol) 66.33% Note 1: For combined couple rate of minimum pension supplement, see subsection 20A(2). Note 2: For clean energy pension rate, see section 20B. Note 3: Section 918 may affect the person's qualification for the increase in rate of seniors supplement as a result of paragraphs (c) and (d). 18 Point 1064‑A1 (method statement, after step 1A) Insert: Step 1B. Work out the clean energy supplement (if any) using Module C below. 19 Point 1064‑A1 (method statement, step 4) After "1A", insert ", 1B". 20 Section 1064 (after Module BA) Insert: Module C—Clean energy supplement 1064‑C1 A clean energy supplement is to be added to the person's maximum basic rate if the person is residing in Australia and: (a) is in Australia; or (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks. Note: Section 918 may affect the addition of the clean energy supplement. 1064‑C2 However, this Module does not apply if quarterly clean energy supplement is payable to the person. 1064‑C3 The person's clean energy supplement is the amount worked out by: (a) applying the applicable percentage in the following table to the clean energy pension rate; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30). Percentage to be applied Item Person's family situation Use this % 1 Not a member of a couple 66.33% 2 Partnered 50% 3 Member of an illness separated couple 66.33% 4 Member of a respite care couple 66.33% 5 Partnered (partner in gaol) 66.33% Note: For clean energy pension rate, see section 20B. 21 Point 1065‑A1 (method statement, after step 2A) Insert: Step 3. Work out the clean energy supplement (if any) using Module C below. 22 Point 1065‑A1 (method statement, step 4) Omit "and 2A", substitute ", 2A and 3". 23 Section 1065 (after Module BA) Insert: Module C—Clean energy supplement 1065‑C1 A clean energy supplement is to be added to the person's maximum basic rate if the person is residing in Australia and: (a) is in Australia; or (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks. Note: Section 918 may affect the addition of the clean energy supplement. 1065‑C2 However, this Module does not apply if quarterly clean energy supplement is payable to the person. 1065‑C3 The person's clean energy supplement is the amount worked out by: (a) applying the applicable percentage in the following table to the clean energy pension rate; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30). Percentage to be applied Item Person's family situation Use this % 1 Not a member of a couple 66.33% 2 Partnered 50% 3 Member of an illness separated couple 66.33% 4 Member of a respite care couple 66.33% 5 Partnered (partner in gaol) 66.33% Note: For clean energy pension rate, see section 20B. 24 Point 1066‑A1 (method statement, after step 1A) Insert: Step 2. Work out the clean energy supplement (if any) using Module C below. 25 Point 1066‑A1 (method statement, step 4) After "1A", insert ", 2". 26 Section 1066 (after Module BA) Insert: Module C—Clean energy supplement 1066‑C1 A clean energy supplement is to be added to the person's maximum basic rate if the person is residing in Australia and: (a) is in Australia; or (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks. However, this Module does not apply if quarterly clean energy supplement is payable to the person. Note: Section 918 may affect the addition of the clean energy supplement. 1066‑C2 The person's clean energy supplement is the amount worked out by: (a) applying the applicable percentage in the following table to the clean energy pension rate; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30). Percentage to be applied Item Person's family situation Use this % 1 Not a member of a couple 66.33% 2 Partnered 50% 3 Member of an illness separated couple 66.33% 4 Member of a respite care couple 66.33% 5 Partnered (partner in gaol) 66.33% Note: For clean energy pension rate, see section 20B. 27 Point 1068‑A1 (method statement, after step 1A) Insert: Step 1B. Work out the clean energy supplement (if any) using Module C below. 28 Section 1068 (after Module BA) Insert: Module C—Clean energy supplement 1068‑C1 A clean energy supplement is to be added to the person's (the recipient's) maximum basic rate if the recipient is residing in Australia and: (a) is in Australia; or (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks. However, this Module does not apply if quarterly clean energy supplement is payable to the recipient. Note: Section 918 may affect the addition of the clean energy supplement. Recipient has reached pension age 1068‑C2 If the recipient has reached pension age and is not covered by point 1068‑B5, the recipient's clean energy supplement is 1/26 of the amount worked out by: (a) applying the applicable percentage in the following table to the clean energy pension rate; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30). Percentage to be applied Item Recipient's family situation Use this % 1 Not a member of a couple 66.33% 2 Partnered 50% 3 Member of an illness separated couple 66.33% 4 Member of a respite care couple 66.33% 5 Partnered (partner in gaol) 66.33% Note: For clean energy pension rate, see section 20B. Recipient has not reached pension age 1068‑C3 If the recipient has not reached pension age and is not covered by point 1068‑B5, the recipient's clean energy supplement is the recipient's clean energy (under pension age) rate. 1068‑C4 The recipient's clean energy (under pension age) rate is worked out by: (a) working out 1.7% of the maximum basic rate, worked out: (i) for 20 March 2013; and (ii) for a person whose circumstances on that day were the same as the recipient's current circumstances; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents). Note: This rate for those circumstances, and the rates for persons with different circumstances, are indexed 6 monthly in line with CPI increases (see sections 1191 to 1194). Recipient covered by point 1068‑B5 1068‑C5 If the recipient is covered by point 1068‑B5, the recipient's clean energy supplement is the rate worked out under Module BB of the Pension PP (Single) Rate Calculator as if the recipient were receiving parenting payment. 29 Point 1068A‑A1 (method statement, after step 1A) Insert: Step 1B. Work out the clean energy supplement (if any) using Module BB below. 30 Point 1068A‑A1 (method statement, step 4) After "1A,", insert "1B,". 31 Section 1068A (after Module BA) Insert: Module BB—Clean energy supplement 1068A‑BB1 A clean energy supplement is to be added to the person's (the recipient's) maximum basic rate if the recipient is residing in Australia and: (a) is in Australia; or (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks. However, this Module does not apply if quarterly clean energy supplement is payable to the recipient. Note: Section 918 may affect the addition of the clean energy supplement. Recipient has reached pension age 1068A‑BB2 If the recipient has reached pension age, the recipient's clean energy supplement is the amount worked out by: (a) applying the applicable percentage in the following table to the clean energy pension rate; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30). Percentage to be applied Item Recipient's family situation Use this % 1 Not a member of a couple 66.33% 2 Partnered 50% 3 Member of an illness separated couple 66.33% 4 Member of a respite care couple 66.33% 5 Partnered (partner in gaol) 66.33% Note: For clean energy pension rate, see section 20B. Recipient has not reached pension age 1068A‑BB3 If the recipient has not reached pension age, the recipient's clean energy supplement is the recipient's clean energy (under pension age) rate. 1068A‑BB4 The recipient's clean energy (under pension age) rate is worked out by: (a) working out 1.7% of the total of the maximum basic rate, and the pension supplement basic amount, worked out: (i) for 20 March 2013; and (ii) for a person whose circumstances on that day were the same as the recipient's current circumstances; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that result is not a multiple of $2.60 but is a multiple of $1.30). Note: This rate for those circumstances, and the rates for persons with different circumstances, are indexed 6 monthly in line with CPI increases (see sections 1191 to 1194). 32 Point 1068B‑A2 (method statement, after step 2A) Insert: Step 2B. Work out the clean energy supplement (if any) using Module DB below. 33 Point 1068B‑A3 (method statement, after step 2A) Insert: Step 2B. Work out the clean energy supplement (if any) using Module DB below. 34 Section 1068B (after Module DA) Insert: Module DB—Clean energy supplement 1068B‑DB1 A clean energy supplement is to be added to the person's (the recipient's) maximum basic rate if the recipient is residing in Australia and: (a) is in Australia; or (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks. However, this Module does not apply if quarterly clean energy supplement is payable to the recipient. Note: Section 918 may affect the addition of the clean energy supplement. Recipient has reached pension age 1068B‑DB2 If the recipient has reached pension age, the recipient's clean energy supplement is 1/26 of the amount worked out by: (a) applying the applicable percentage in the following table to the clean energy pension rate; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30). Percentage to be applied Item Recipient's family situation Use this % 1 Not a member of a couple 66.33% 2 Partnered 50% 3 Member of an illness separated couple 66.33% 4 Member of a respite care couple 66.33% 5 Partnered (partner in gaol) 66.33% Note: For clean energy pension rate, see section 20B. Recipient has not reached pension age 1068B‑DB3 If the recipient has not reached pension age, the recipient's clean energy supplement is the recipient's clean energy (under pension age) rate. 1068B‑DB4 The recipient's clean energy (under pension age) rate is worked out by: (a) working out 1.7% of the maximum basic rate, worked out: (i) for 20 March 2013; and (ii) for a person whose circumstances on that day were the same as the recipient's current circumstances; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents). Note: This rate for those circumstances, and the rates for persons with different circumstances, are indexed 6 monthly in line with CPI increases (see sections 1191 to 1194). 35 After subparagraph 146(4)(a)(i) of Schedule 1A Insert: (ia) the person's clean energy supplement (if any) (see subclause 149(5)); and 36 At the end of clause 149 of Schedule 1A Add: Clean energy supplement (5) If subclause 147(1) or (2) is relevant to the person, the social security law applies in relation to the person's pension as if: (a) the clean energy supplement Module of the relevant Pension Rate Calculator were the same as Module C of Pension Rate Calculator A; and (b) the person's clean energy supplement (if any) resulting from that Module were used to work out the rate of the person's pension. Note 1: This clean energy supplement is included in the total worked out under paragraph 146(4)(a) (see subparagraph 146(4)(a)(ia)). Note 2: This subclause causes Division 2 of Part 2.18A (Quarterly clean energy supplement) of this Act to apply. If quarterly clean energy supplement is payable, then no clean energy supplement will be available to be included in the total worked out under paragraph 146(4)(a) (see point 1064‑C1 of this Act). Note 3: Other effects of this subclause include: (a) the possibility of the minimum amount of fortnightly instalments of the pension being affected under section 43 of the Administration Act; and (b) that section 1210 will affect the operation of reductions of the maximum payment rate because of the income test and assets test. Social Security (Administration) Act 1999 37 Subsection 48B(3) Repeal the subsection, substitute: (3) The amount of the instalment is worked out by: (a) working out the amount of the person's seniors supplement for each day during the test period on which the person was qualified for seniors supplement; and (b) adding up the amounts resulting from paragraph (a). Division 2—Supplement payable from 1 January 2014 Social Security Act 1991 38 Point 1066A‑A1 (method statement, after step 1) Insert: Step 1A. Work out the clean energy supplement (if any) using Module BA below. 39 Point 1066A‑A1 (method statement, step 5) After "1, ", insert "1A,". 40 Section 1066A (after Module B) Insert: Module BA—Clean energy supplement 1066A‑BA1 A clean energy supplement is to be added to the person's maximum basic rate if the person is residing in Australia and: (a) is in Australia; or (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks. However, this Module does not apply if quarterly clean energy supplement is payable to the person. Note: Section 918 may affect the addition of the clean energy supplement. 1066A‑BA2 The person's (the recipient's) clean energy supplement is the recipient's clean energy (under pension age) rate. 1066A‑BA3 For the purposes of point 1066A‑BA2, the recipient's clean energy (under pension age) rate is worked out by: (a) working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, worked out: (i) for 1 January 2014; and (ii) for a person whose circumstances on that day were the same as the recipient's current circumstances; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that result is not a multiple of $2.60 but is a multiple of $1.30). Note: This rate for those circumstances, and the rates for persons with different circumstances, are indexed 12 monthly in line with CPI increases (see sections 1191 to 1194). 41 Point 1066B‑A1 (method statement, after step 2) Insert: Step 2A. Work out the clean energy supplement (if any) using Module BA below. 42 Point 1066B‑A1 (method statement, step 5) After "2,", insert "2A,". 43 Section 1066B (after Module B) Insert: Module BA—Clean energy supplement 1066B‑BA1 A clean energy supplement is to be added to the person's maximum basic rate if the person is residing in Australia and: (a) is in Australia; or (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks. However, this Module does not apply if quarterly clean energy supplement is payable to the person. Note: Section 918 may affect the addition of the clean energy supplement. 1066B‑BA2 The person's (the recipient's) clean energy supplement is the recipient's clean energy (under pension age) rate. 1066B‑BA3 For the purposes of point 1066B‑BA2, the recipient's clean energy (under pension age) rate is worked out by: (a) working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, worked out: (i) for 1 January 2014; and (ii) for a person whose circumstances on that day were the same as the recipient's current circumstances; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that result is not a multiple of $2.60 but is a multiple of $1.30). Note: This rate for those circumstances, and the rates for persons with different circumstances, are indexed 12 monthly in line with CPI increases (see sections 1191 to 1194). 44 Point 1067G‑A1 (method statement, after step 1) Insert: Step 1A. Work out the clean energy supplement (if any) using Module BA below. 45 Section 1067G (after Module B) Insert: Module BA—Clean energy supplement 1067G‑BA1 A clean energy supplement is to be added to the person's (the recipient's) maximum basic rate if the recipient is residing in Australia and: (a) is in Australia; or (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks. However, this Module does not apply if quarterly clean energy supplement is payable to the recipient. Note: Section 918 may affect the addition of the clean energy supplement. General case—recipient not covered by point 1067G‑B3A and youth disability supplement not added 1067G‑BA2 The recipient's clean energy supplement is the recipient's clean energy (under pension age) rate if: (a) the recipient is not covered by point 1067G‑B3A; and (b) an amount of youth disability supplement is not added under Module D to the recipient's rate. 1067G‑BA3 For the purposes of point 1067G‑BA2, the recipient's clean energy (under pension age) rate is worked out by: (a) working out 1.7% of the maximum basic rate, worked out: (i) for 1 January 2014; and (ii) for a person whose circumstances on that day were the same as the recipient's current circumstances; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents). Note: This rate for those circumstances, and the rates for persons with different circumstances, are indexed 12 monthly in line with CPI increases (see sections 1191 to 1194). Recipient covered by point 1067G‑B3A 1067G‑BA4 If the recipient is covered by point 1067G‑B3A, the recipient's clean energy supplement is the rate worked out under Module BB of the Pension PP (Single) Rate Calculator as if the recipient were receiving parenting payment. Youth disability supplement added to the recipient's rate 1067G‑BA5 If an amount of youth disability supplement is added under Module D to the recipient's rate, the recipient's clean energy supplement is the recipient's clean energy (youth disability) rate. 1067G‑BA6 The recipient's clean energy (youth disability) rate is worked out by: (a) working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, worked out: (i) for 1 January 2014; and (ii) for a person whose circumstances on that day were the same as the recipient's current circumstances; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents). Note: This rate for those circumstances, and the rates for persons with different circumstances, are indexed 12 monthly in line with CPI increases (see sections 1191 to 1194). 46 Point 1067L‑A1 (method statement, after step 1A) Insert: Step 1B. Work out the clean energy supplement (if any) using Module BB below. 47 Point 1067L‑A1 (method statement, step 3) After "1A,", insert "1B,". 48 Section 1067L (after Module BA) Insert: Module BB—Clean energy supplement 1067L‑BB1 A clean energy supplement is to be added to the person's (the recipient's) maximum basic rate if the recipient is residing in Australia and: (a) is in Australia; or (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks. However, this Module does not apply if quarterly clean energy supplement is payable to the recipient. Note: Section 918 may affect the addition of the clean energy supplement. Recipient has reached pension age 1067L‑BB2 If the recipient has reached pension age, the recipient's clean energy supplement is 1/26 of the amount worked out by: (a) applying the applicable percentage in the following table to the clean energy pension rate; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30). Percentage to be applied Item Recipient's family situation Use this % 1 Not a member of a couple 66.33% 2 Partnered 50% 3 Member of an illness separated couple 66.33% 4 Member of a respite care couple 66.33% 5 Partnered (partner in gaol) 66.33% Note: For clean energy pension rate, see section 20B. Recipient has not reached pension age 1067L‑BB3 If the recipient has not reached pension age, the recipient's clean energy supplement is the recipient's clean energy (under pension age) rate. 1067L‑BB4 The recipient's clean energy (under pension age) rate is worked out by: (a) working out 1.7% of the maximum basic rate, worked out: (i) for 1 January 2014; and (ii) for a person whose circumstances on that day were the same as the recipient's current circumstances; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents). Note: This rate for those circumstances, and the rates for persons with different circumstances, are indexed 12 monthly in line with CPI increases (see sections 1191 to 1194). Part 3—Quarterly clean energy supplement Division 1—Main amendments Social Security Act 1991 49 After Division 1 of Part 2.18A Insert: Division 2—Quarterly clean energy supplement 915 When quarterly clean energy supplement is payable Quarterly clean energy supplement is payable to a person for each day for which an election by the person under subsection 915A(1) or 1061VA(1) is in force in relation to a social security payment the person is receiving. Note: Section 918 may affect the person's qualification for quarterly clean energy supplement. 915A Electing to receive quarterly clean energy supplement (1) If: (a) Part 2.25C (about quarterly pension supplement) does not apply to a person in relation to a social security payment the person is receiving; and (b) clean energy supplement is used to work out the rate of that social security payment; the person may, in a manner or way approved by the Secretary, make an election to receive the person's clean energy supplement under this Division as a separate social security payment. Note: The person could make an election under subsection 1061VA(1) if Part 2.25C applies to the person in relation to the social security payment. That election would cause quarterly clean energy supplement to be payable (see section 915). (2) An election comes into force as soon as practicable after it is made. (3) An election ceases to be in force if the person ceases to receive a social security payment (a main payment) calculated using a Rate Calculator that has a clean energy supplement Module. (4) The person may, in a manner or way approved by the Secretary, revoke an election. A revocation takes effect as soon as practicable after it happens. 915B Rate of quarterly clean energy supplement (1) The person's daily rate of quarterly clean energy supplement, for a particular day, is: (a) if the Rate Calculator for the main