Commonwealth: 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 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; (iii) the Secretary is of the opinion that the person is undertaking a combination of any 2 or more of the following: (A) gainful employment; (B) vocational training; (C) voluntary work; for at least 32 hours in every 4 weeks on a continuing basis; (iv) the person is an Australian resident. (2) A person satisfies the travel test mentioned in subsection (1) if the person is required to travel to and from the person's home for the purpose of undertaking: (a) gainful employment; or (b) vocational training; or (c) job search activities; or (d) voluntary work. (3) In this section: vocational training means vocational training within the meaning of section 19 (other than training provided as part of a rehabilitation program or follow‑up program under Part III of the Disability Services Act 1986). voluntary work means work approved by the Secretary undertaken in a voluntary capacity for charitable, welfare or community organisations. 44 Subsections 1045(1) and (2) Repeal the subsections, substitute: (1) A person is qualified for a mobility allowance advance if: (a) the person is receiving mobility allowance; and (b) the person has requested the advance; and (c) the Secretary is satisfied that the person will continue to be qualified for mobility allowance for at least 26 weeks from the day on which the person receives the advance; and (d) if the person has previously received a mobility allowance advance, a period of not less than 12 months has elapsed since the person last received a mobility allowance advance. (2) If a person has previously received a mobility allowance advance, a request is not effective for the purpose of paragraph (1)(b) if it was made within 11 months after the person received a mobility allowance advance. 45 Paragraph 1046(1)(b) Repeal the paragraph, substitute: (b) the person would, apart from this section, cease to be qualified for the mobility allowance because he or she ceases, in the Secretary's opinion: (i) to undertake gainful employment, vocational training or voluntary work; or (ii) to undertake a combination of any 2 or more of the following: (A) gainful employment; (B) vocational training; (C) voluntary work; for at least 32 hours in every 4 weeks on a continuing basis. 46 Paragraph 1046(2)(b) Repeal the paragraph, substitute: (b) the person would, apart from this section, cease to be qualified for the mobility allowance because he or she ceases, in the Secretary's opinion: (i) to receive newstart allowance for a reason other than the application of section 601 or 605 of this Act or section 81 of the Administration Act; or (ii) to receive youth allowance for a reason other than the application of section 541A, 544A, 544C, 550 or 553B of this Act or section 81 of the Administration Act; or (iii) to receive an austudy payment for a reason other than the application of section 569 or 576 of this Act or section 81 of the Administration Act; or (iv) to undertake job search activities under an agreement between the Secretary and a service provider nominated by the Secretary of the Employment Department; or (v) to undertake job search activities under the Competitive Employment Placement and Training Program administered by the Department. 47 At the end of section 1046 Add: (6) In this section: vocational training means vocational training within the meaning of section 19 (other than vocational training provided as part of a rehabilitation program or follow‑up program under Part III of the Disability Services Act 1986). voluntary work means work approved by the Secretary undertaken in a voluntary capacity for charitable, welfare or community organisations. 48 Section 1061PC Omit "that the Employment Minister has". 49 Subsection 1061PH(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. 50 Subsection 1061PI(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. 56 Paragraph 1067G‑F24(b) Omit "that the Employment Minister has". 59 Point 1068A‑F2 Omit "FA child", substitute "FTB child". 61 Part 3.11 Repeal the Part. 62 Section 1158 After "parenting payment", insert ", a mobility allowance". 63 After subparagraph 1188C(3)(a)(vi) Insert: (vii) special benefit; 64 At the end of subsection 1188C(3) Add: ; (e) if a payment of a social security benefit referred to in paragraph (a) is payable to the person's partner in respect of the payment period, the ordinary income of the partner includes an amount equal to the CDEP payment. 65 At the end of section 1188C Add: (6) In items 26 and 27 of Table A in subsection (5), a reference to the maximum basic rate that would apply to a person is a reference to the amount that would be the person's maximum basic rate if the person were receiving the appropriate payment. (7) For the purpose of subsection (6), the appropriate payment is the social security payment, other than special benefit, that, in the opinion of the Secretary, is the social security payment that it is equitable to take into account for the purposes of subsection (6), having regard to the circumstances of the person concerned. 66 Subsection 1217(2) Repeal the subsection, substitute: Meaning of allowable absence (2) The person's absence is an allowable absence in relation to the payment at a particular time if, at that time: (a) it is an absence specified in column 4 of the item in the table at the end of this section that is applicable to the payment and the person; and (b) except where an unlimited absence is specified in column 5 of the item or a provision of Subdivision B of Division 2 of Part 4.2 applies, the absence does not exceed the period specified in column 5 of that item. 68 Subsection 1223(7A) Repeal the subsection. 69 Subsection 1223A(3) Repeal the subsection, substitute: (3) The period for the purposes of subsection (2) is the period that: (a) began on: (i) the day 5 years before the income stream was commuted; or (ii) the commencement day of the income stream; or (iii) 20 September 2001; whichever is the latest; and (b) ended when the income stream was commuted. 70 At the end of section 1223A Add: (6) Subject to subsection (7), if: (a) an asset‑test exempt income stream (the old income stream) is commuted, in whole or in part; and (b) part, but not the whole, of the payment resulting from the commutation of the old income stream (the commutation payment) is transferred directly to the purchase of another asset‑test exempt income stream (the new income stream); the following paragraphs have effect for the purposes of this section: (c) the new income stream is taken to have the same commencement day as: (i) the old income stream; or (ii) if the old income stream was one of a succession of asset‑test exempt income streams—the first income stream in that succession; (d) if the old income stream was not one of a succession of asset‑test exempt income streams, income stream payments made under the old income stream are taken to have been made under the new income stream; (e) if the old income stream was one of a succession of asset‑test exempt income streams, income stream payments made under any of the income streams in that succession are taken to have been, at the time when they were made, payments under the new income stream. (7) Subsection (6) does not apply if the amount used in the purchase of the new income stream represents the whole of the commutation payment remaining after the use of part of the commutation payment in the payment of: (a) a hardship amount; or (b) superannuation contributions surcharge that the person is liable to pay in his or her capacity as purchaser of the old income stream. (8) Subject to subsection (9), if: (a) the whole of an asset‑test exempt income stream is commuted; and (b) no part of the payment resulting from the commutation of the income stream is transferred directly to the purchase of another asset‑test exempt income stream; and (c) the commuted income stream was one of a succession of asset‑test exempt income streams; the following paragraphs have effect for the purposes of this section: (d) the commuted income stream is taken to have had the same commencement day as the first income stream in that succession; (e) income stream payments made under any of the income streams in that succession (other than the commuted income stream) are taken to have been, at the time when they were made, payments under the commuted income stream. (9) Subsection (8) does not apply if the whole of the payment resulting from the commutation of the income stream referred to in paragraph (8)(a) is used in the payment of: (a) a hardship amount; or (b) superannuation contributions surcharge that the person is liable to pay in his or her capacity as purchaser of that income stream. (10) For the purposes of this section: (a) 2 or more asset‑test exempt income streams constitute a succession of asset‑test exempt income streams if each income stream (other than the first of those income streams to be provided) has been funded by means of the payment, or part of the payment, resulting from the commutation of another of those income streams; and (b) an income stream is the first income stream in a succession of income streams if it is the first of those income streams to be provided. (11) In this section: hardship amount has the same meaning as in section 9A. 71 Paragraph 1223AA(1BA)(b) Omit "a" (third occurring). 72 After subsection 1227A(1) Insert: (1A) A debt that is recoverable under section 56 of the Farm Household Support Act 1992 in respect of an amount of re‑establishment grant is also a debt that is due to, and recoverable by, the Commonwealth under this Act. 73 Subsection 1227A(2) Omit "The debt", substitute "A debt in respect of an amount of exceptional circumstances relief payment or farm help income support". 74 At the end of section 1227A Add: (3) A debt in respect of an amount of re‑establishment grant may be recovered by the Commonwealth by any of the means referred to in paragraphs (2)(b) to (e). Note: The heading to section 1227A is altered by inserting "re‑establishment grant," after "in respect of". 75 Subparagraph 1231(2)(b)(ii) Repeal the subparagraph, substitute: (ii) Part 4 of the A New Tax System (Family Assistance) (Administration) Act 1999. 76 After clause 128 of Schedule 1A Insert: 128A Saving of certain pensions payable under 1986 Agreement between Australia and Italy (1) In this clause: 1986 Agreement means the agreement made between the Government of Australia and the Government of the Republic of Italy on 23 April 1986. (2) This subclause applies to a person if: (a) the person has become qualified to receive: (i) a disability support pension; or (ii) a widow B pension; by virtue of the 1986 Agreement; and (b) the person became qualified to receive the pension because: (i) in the case of a disability support pension, he or she became unable to work or became permanently blind, as the case may be, while he or she was in Australia or was temporarily absent from Australia; or (ii) in the case of a widow B pension, the person's spouse died while the person and the person's spouse were Australian residents or, being such residents, were temporarily absent from Australia. (3) Subject to subclause (4), this subclause applies to a person if: (a) on 8 May 1985, the person was either: (i) an Australian resident; or (ii) an absent resident within the meaning of the 1986 Agreement; and (b) the person left Australia before 1 January 1996; and (c) while absent from Australia, the person became eligible to receive a social security payment by virtue of the 1986 Agreement; and (d) the person commenced to receive that social security payment before 1 January 1996; and (e) immediately before 1 October 2000, the rate at which that social security payment was payable was worked out under subparagraph 1(b) of Article 8 of the 1986 Agreement; and (f) the person has not returned to Australia on or after 1 October 2000 for a continuous period of 26 weeks. (4) Subclause (3) ceases to apply to a person if the rate at which the social security payment would be payable to the person apart from this clause exceeds the rate at which the social security payment is payable to the person as a person to whom subclause (3) applies. (5) In spite of any other provision of the social security law relating to the rate at which a disability support pension or widow B pension is payable, the rate at which such a pension is payable to a person to whom subclause (2) applies is the rate at which the pension would be payable to the person if: (a) the person were an Australian resident; and (b) the person were not entitled to have included in the rate of the pension: (i) any amount representing: (A) pharmaceutical allowance; or (B) remote area allowance; or (C) rent assistance; or (ii) any amount similar to the amounts referred to in subparagraph (i). (6) In spite of any other provision of the social security law relating to the rate at which a social security payment is payable, the rate at which such a payment is payable to a person to whom subclause (3) applies is the rate worked out according to subparagraph 1(b) of Article 8 of the 1986 Agreement. Social Security (Administration) Act 1999 77 Subdivision F of Division 1 of Part 3 (heading) Repeal the heading, substitute: Subdivision F—Time limit for claims for fares allowance 27 Time limit for claim (1) Subject to this section, a claim for fares allowance must be lodged in the study year to which the claim relates or before 1 April next following the end of that year (the final date). (2) A claim for fares allowance may be lodged on or after the final date if the Secretary is satisfied that: (a) the claimant took reasonable steps to lodge the claim, or have the claim lodged, before the final date; and (b) circumstances beyond the claimant's control prevented the claim being lodged before the final date. (3) A claim for fares allowance may be lodged on or after the final date if the Secretary is satisfied that: (a) circumstances beyond the claimant's control prevented the claimant taking reasonable steps to lodge the claim, or have the claim lodged, before the final date; and (b) the claimant has sought to lodge the claim as soon as practicable after those circumstances ceased to exist. 78 Subsection 31(1) Repeal the subsection. 79 Subsection 31(3) Omit "made by an approved care organisation", substitute "for double orphan pension". 80 Subdivision J of Division 1 of Part 3 (heading) Repeal the heading, substitute: Subdivision J—Special provision for certain claims Note: The heading to section 35 is replaced by the heading "Claims by persons in gaol etc.". 81 At the end of Subdivision J of Division 1 of Part 3 Add: 35A Claims for advance pharmaceutical allowance (1) A person may only make a claim for advance pharmaceutical allowance if the claim is made in accordance with subsection (2), (3) or (4). (2) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if: (a) the person has received an instalment of a social security pension in relation to an instalment period that included 31 December in the previous calendar year; and (b) the claim is lodged within 14 days after the end of that instalment period. (3) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if: (a) the person claims a social security pension in that year; and (b) the claim for advance pharmaceutical allowance is lodged: (i) when the claim for the pension is lodged; or (ii) after the claim for the pension is lodged but before that claim is determined. (4) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if: (a) the person has been qualified for pharmaceutical allowance for a period (the qualification period) during the calendar year; and (b) the amount spent by the person during the qualification period on the purchase of pharmaceutical benefits is equal to or greater than the total amount that has been paid to the person in the calendar year by way of: (i) pharmaceutical allowance; and (ii) advance pharmaceutical allowance. 82 At the end of section 39 Add: (5) If: (a) a person makes a claim (the actual claim); and (b) apart from this subsection, the person would, by virtue of section 13 or 14, be taken to have made the claim on a particular day; then, in spite of section 13 or 14, as the case may be, a reference in subsection (1) of this section to the day on which the claim was made is a reference to the day on which the actual claim was made. 83 Subsection 55(2) Omit "subsection (4)", substitute "subsections (4) and (4A)". 84 After subsection 55(4) Insert: (4A) Fares allowance is to be paid to a person as follows: (a) fares allowance is to be paid to the credit of the bank account to the credit of which payments of youth allowance, austudy payment or pensioner education supplement payable to the person are or were made; (b) if, because of a direction under subsection (4), youth allowance, austudy payment or pensioner education supplement is not paid to the credit of a bank account, fares allowance is to be paid in the same way as the youth allowance, austudy payment or pensioner education supplement, as the case may be. 85 Division 6 of Part 3 (heading) Repeal the heading, substitute: Division 6—Requirement to provide information, undergo medical examination etc. 86 Paragraph 64(1)(a) Omit "and the claim has not been determined". 87 At the end of subsection 64(1) Add: ; or (i) the person has made a claim for mobility allowance; or (j) the person is receiving mobility allowance. 88 At the end of subsection 64(4) Add: ; (i) if the person is a person referred to in paragraph (1)(i), mobility allowance is not payable to the person; (j) if the person is a person referred to in paragraph (1)(j), mobility allowance ceases to be payable to the person. 89 At the end of subsection 76(1) Add: ; or (c) the Secretary exempts the person from the need to satisfy the request. 90 Subparagraph 81(1)(a)(i) After "section", insert "67 or". 91 Subparagraph 81(2)(b)(i) After "section", insert "67 or". 92 Section 92 Repeal the section. 93 Section 102 Repeal the section. 94 Subsection 107(1) Omit "and (4)", substitute ", (4) and (5)". 95 Paragraph 107(5)(d) Repeal the paragraph, substitute: (d) a decision that the claim be granted is made as a result of the review; 96 Subsection 110(2) Omit "section 68 that relates to the payment of a social security payment in respect of a period specified in the notice", substitute "section 67 or 68". Note: The heading to section 110 is altered by omitting all the words after "determination". 97 Subsection 114(1) Omit ", section 110 nor section 113", substitute "nor section 110". 99 Subsection 118(5) Omit "section 68 that relates to the payment of the social security payment in respect of a period specified in the notice", substitute "section 67 or 68". 101 Paragraph 123(1)(d) Omit "92, 93 or 94", substitute "93, 94 or 95". 102 Subsections 128(1) and (2) Omit "126(4)" (wherever occurring), substitute "126(3)". 103 Paragraph 129(3)(a) Omit "Part 3", substitute "the social security law". 104 At the end of subsection 175(2) Add "or the Farm Household Support Act 1992". 105 After paragraph 192(d) Insert: (da) the question whether a person who has made a claim under the Social Security (Fares Allowance) Rules 1998 was eligible for fares allowance; 106 Paragraph 204(1)(b) After "the social security law", insert ", the family assistance law". 107 Subparagraph 209(1)(a)(ii) Omit "subparagraph 208(1)(b)(ii)", substitute "subsection 208(1) to disclose information to a person referred to in subparagraph 208(1)(b)(i)". 108 Subsections 234(3) and (4) Omit "under paragraph 1314(1)(b) of the 1991 Act", substitute "under subsection 208(1) to disclose information to a person referred to in subparagraph 208(1)(b)(i)". 109 At the end of section 240 Add: (3) A certificate given by the Secretary stating: (a) that a specified amount was the principal sum at a particular time under a specified financial supplement contract; or (b) that a specified amount was the sum of the amounts repaid, or the sum of the amounts notionally repaid, before a particular time or during a particular period in respect of a specified financial supplement contract; or (c) that a specified amount was the amount, or the total of the amounts, of subsidy paid by the Commonwealth to a specified participating corporation in respect of a specified financial supplement contract in lieu of interest on the principal sum or in lieu of interest on the principal sum in relation to a specified period; or (d) that a specified amount was, at a particular time, the amount outstanding under a specified financial supplement contract; or (e) that a specified amount was, at a particular time, the indexation amount in relation to a specified financial supplement contract; or (f) that the rights, or specified rights, of a specified participating corporation in respect of a specified person under a specified financial supplement contract were transferred by the corporation to the Commonwealth on a specified date; or (g) that, on a specified day, a person had an FS debt or FS debts to the Commonwealth of a specified amount or specified amounts; or (h) that, on a specified day, a notice, to a specified effect, under a provision of Chapter 2B was given to a specified person by the Secretary; is to be received in all courts as prima facie evidence of the matters stated in the certificate. (4) In any proceeding, a document purporting to be a certificate by the Secretary under subsection (3) is to be taken, unless the contrary is established, to be such a certificate and to have been duly given. 110 Section 242 Omit "of social security payments". 111 Paragraph 15(b) of Schedule 2 Repeal the paragraph, substitute: (b) either: (i) the person is subject to an administrative exclusion under subsection 63(4); or (ii) an administrative breach rate reduction period applies to the person and the person's administrative breach reduced rate is nil; and Part 2—Other amendments Social Security Act 1991 113 After section 19 Insert: 19A Fares allowance definitions (1) This section has effect for the purposes of Part 2.26. (2) Unless the contrary intention appears: activity test means the test set out in section 541. approved course has the meaning given by subsection 1061ZAAA(1). approved tertiary course means a course of education or study that is determined, under section 5D of the Student Assistance Act 1973, to be a tertiary course for the purposes of that Act. external student, in relation to an approved course at a relevant educational institution, means a student enrolled for the course who is subject to a requirement, being a requirement that is a compulsory component of the course, to attend the institution for a period of time. independent has the same meaning as in Parts 2.11 and 3.5 (see section 1067A). permanent home has the meaning given by subsections (3) to (6). public transport does not include a taxi. relevant educational institution has the meaning given by subsection 1061ZAAA(1). required to live away from his or her permanent home has the meaning given by subsection (7). study year means the period in which one complete year of an approved tertiary course (as defined by this subsection) starts and finishes. (3) Subject to subsection (5), if a person is receiving youth allowance and is not independent, the person's permanent home is the home of the parent whose income components are assessed under Submodule 4 of Module F of the Youth Allowance Rate Calculator in section 1067G. (4) Subject to subsection (5), if subsection 1061ZAAA(5) applies to a person, the person's permanent home is the home of the parent whose income components were assessed, immediately before the person became independent, under Submodule 4 of Module F of the Youth Allowance Rate Calculator in section 1067G. (5) If the parent uses more than one home, the person's permanent home is: (a) the home that the parent uses most frequently; or (b) if the parent uses more than one home for equal periods, the home that the person nominates. (6) The permanent home of a person to whom none of the preceding subsections applies is the person's usual place of residence. (7) A person is taken to be required to live away from his or her permanent home in order to undertake an approved tertiary course of education or study if: (a) the person is not independent; and (b) the person does not live at the person's permanent home; and (c) the Secretary determines that the person needs to live away from the person's permanent home in order to undertake the course. 114 Subsection 236A(3) Repeal the subsection, substitute: (3) The amount under this subsection is: where: partnered MBR is the maximum basic rate applicable, on the day that the person dies, to a person covered by item 2 of the Maximum Basic Rate Table in point 1064‑B1 of Pension Rate Calculator A in section 1064. pension supplement is the person's pension supplement worked out under point 1064‑BA2. 115 Section 1190 (cell at table item 4, column 2) Omit "notional agreement pension rate", substitute "international agreement portability rate". 116 Section 1190 (cell at table item 4, column 4) Repeal the cell, substitute: Section 14A of the Social Security (International Agreements) Act 1999 Social Security (Administration) Act 1999 117 After subsection 13(3) Insert: (3A) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment; and (b) the person is, on the day on which the Department is contacted, qualified for the social security payment; and (c) the Secretary gives the person a written notice acknowledging that the Department has been contacted in relation to the making of the claim; and (d) the person lodges a claim for the social security payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and (e) the Secretary is satisfied that, in the special circumstances of the case, it was not reasonably practicable for the person to lodge the claim earlier; the person is taken to have made a claim for the social security payment on the day on which the Department was contacted. 118 After subsection 14(3) Insert: (3A) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and (b) the person is, on the day on which the Department is contacted, qualified for the concession card; and (c) the Secretary gives the person a written notice acknowledging that the Department has been contacted in relation to the making of the claim; and (d) the person lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and (e) the Secretary is satisfied that, in the special circumstances of the case, it was not reasonably practicable for the person to lodge the claim earlier; the person is taken to have made a claim for the concession card on the day on which the Department was contacted. 119 Subsection 15(1) Repeal the subsection, substitute: (1) For the purposes of the social security law, if: (a) a person makes an incorrect claim; and (b) the person subsequently makes a claim for a social security payment for which the person is qualified; and (c) the Secretary is satisfied that it is reasonable that this subsection be applied; the person is taken to have made a claim for that social security payment on the day on which he or she made the incorrect claim. 120 Subsection 15(4) Repeal the subsection, substitute: (4) For the purposes of the social security law, if: (a) a person makes a claim for a pension, allowance, benefit or other payment under a law of the Commonwealth, other than this Act or the 1991 Act, or under a program administered by the Commonwealth, that is similar in character to a social security payment, other than a supplementary payment (the initial claim); and (b) when the claim was made, the person was qualified for a social security payment, other than a supplementary payment; and (c) the person subsequently makes a claim for the social security payment referred to in paragraph (b) (the later claim); and (d) the Secretary is satisfied that it is reasonable that this subsection be applied; the person is taken to have made the later claim on the day on which the initial claim was made. (4A) For the purposes of the social security law, if: (a) a person makes a claim for an income support payment (the initial claim); and (b) on the day on which the initial claim is made, the person is qualified for another income support payment (the other income support payment); and (c) the person subsequently makes a claim for the other income support payment (the later claim); and (d) the Secretary is satisfied that it is reasonable that this subsection be applied; the person is taken to have made the later claim on the day on which the initial claim was made. (4B) For the purposes of the social security law, if: (a) a person makes a claim for a supplementary payment (the initial claim); and (b) on the day on which the initial claim is made, the person is qualified for another supplementary payment (the other supplementary payment); and (c) the person subsequently makes a claim for the other supplementary payment (the later claim); and (d) the Secretary is satisfied that it is reasonable that this subsection be applied; the person is taken to have made the later claim on the day on which the initial claim was made. Note: The heading to section 15 is altered by omitting "incorrect claim" and substituting "incorrect or inappropriate claims". 121 Subclause 1(1) of Schedule 1 (at the end of the definition of transfer day) Add "or (3), as the case requires". 122 Subclause 1(1) of Schedule 1 (at the end of the definition of transferee) Add "or (3), as the case requires". 123 At the end of clause 1 of Schedule 1 Add: (3) If: (a) a person becomes qualified for a social security pension or benefit (the new payment); and (b) immediately before becoming qualified for the new payment: (i) the person is a member of a couple; and (ii) the person's partner is receiving a social security benefit; and (c) the person makes a claim for the new payment; the person is a transferee to the new payment and the person's transfer day is the day on which the person becomes qualified for the new payment. Social Security (International Agreements) Act 1999 124 Subsection 14A(1) Omit "paragraph 13(e)", substitute "paragraph 13(1)(e)". 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 1 Subsection 3(1) (definition of non‑standard hours family day care) Repeal the definition, substitute: non‑standard hours family day care means hours of care provided by an approved family day care service at times that are identified by the service in accordance with eligibility rules appli