Commonwealth: Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995 (Cth)

Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995 No. 143 of 1995 CONTENTS Section 1. Short title 2. Commencement 3. Amendments SCHEDULE 1 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO ENTITLEMENTS OF SOCIAL SECURITY RECIPIENTS OUTSIDE AUSTRALIA SCHEDULE 2 AMENDMENTS OF THE CHILD CARE ACT 1972 AND THE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990 PART 1—AMENDMENTS OF THE CHILD CARE ACT 1972 PART 2—AMENDMENTS OF THE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990 COMMENCING ON ROYAL ASSENT CONTENTS—continued PART 3—AMENDMENTS OF THE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990 COMMENCING ON 1 JANUARY 1996 SCHEDULE 3 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO WAIVER OF DEBTS SCHEDULE 4 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO INCREASE RENT ASSISTANCE THRESHOLDS AND FAMILY PAYMENT RENT ASSISTANCE SCHEDULE 5 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO PRESERVED RENT ASSISTANCE ENTITLEMENTS PART 1—AMENDMENTS COMMENCING IMMEDIATELY BEFORE 20 MARCH 1996 PART 2—AMENDMENTS COMMENCING ON 19 MARCH 1996 SCHEDULE 6 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 AND INCOME TAX ASSESSMENT ACT 1936 TO PROVIDE FOR RESIDENTIAL CARE ALLOWANCE PART 1—AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 PART 2—AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936 SCHEDULE 7 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO PROVIDE FOR IMMEDIATE RENT ASSISTANCE FOR THOSE LEAVING HOME TO RECEIVE OR GIVE COMMUNITY-BASED CARE SCHEDULE 8 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO EXTEND DISREGARD OF HOMES OF PERSONS WHO ARE RECEIVING OR GIVING COMMUNITY-BASED CARE OR ARE IN RESIDENTIAL CARE SCHEDULE 9 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO CONTINUE PAYMENT OF CARER PENSION AFTER PERSON RECEIVING CARE IS ADMITTED TO AN INSTITUTION SCHEDULE 10 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO PROVIDE CARER PENSION FOR PERSONS CARING FOR PERSONS WHO DO NOT RECEIVE PENSIONS OR BENEFITS CONTENTS—continued SCHEDULE 11 AMENDMENT OF THE SOCIAL SECURITY ACT 1991 TO REMOVE REQUIREMENT FOR CARER PENSIONER TO LIVE WITH, OR NEXT TO, PERSON CARED FOR SCHEDULE 12 ADVANCE PAYMENTS OF SOME SOCIAL SECURITY PENSIONS AND SOCIAL SECURITY BENEFITS SCHEDULE 13 AMENDMENT OF THE SOCIAL SECURITY ACT 1991 TO INCREASE GUARDIAN ALLOWANCE SCHEDULE 14 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO PARENTING ALLOWANCE SCHEDULE 15 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO COMPENSATION RECOVERY SCHEDULE 16 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO CHANGE OF BENEFIT DURING WAITING PERIOD SCHEDULE 17 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO SICKNESS ALLOWANCE SCHEDULE 18 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO BEREAVEMENT PAYMENTS SCHEDULE 19 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO NOMINATION OF BANK ACCOUNTS FOR PAYMENTS OF PENSIONS OR BENEFITS SCHEDULE 20 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO MAINTENANCE SCHEDULE 21 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO PROTECTION OF SOCIAL SECURITY PAYMENTS CONTENTS—continued SCHEDULE 22 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO LABOUR MARKET PROGRAMS SCHEDULE 23 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO CROSS-REFERENCES IN PENALTY PROVISIONS TO THE CRIMES ACT 1914 SCHEDULE 24 OTHER AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 SCHEDULE 25 AMENDMENTS OF THE FARM HOUSEHOLD SUPPORT ACT 1992 Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995 No. 143 of 1995 An Act to amend the Social Security Act 1991, the Child Care Act 1972, the Data-matching Program (Assistance and Tax) Act 1990, the Farm Household Support Act 1992 and the Income Tax Assessment Act 1936, and for related purposes [Assented to 12 December 1995] The Parliament of Australia enacts: Short title 1. This Act may be cited as the Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995. Commencement 2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Schedule 1 is taken to have commenced on 1 July 1995. (3) The following provisions commence on 1 January 1996: (a) Parts 1 and 3 of Schedule 2; (b) items 1, 2 and 5 of Schedule 17. (4) Schedule 3 commences on 1 January 1996, immediately after the commencement of Schedule 2 to the Social Security Legislation Amendment (Family Measures) Act 1995. (5) Schedule 4 (except item 3) and Part 1 of Schedule 5 commence immediately before 20 March 1996. (6) Item 3 of Schedule 4 is taken to have commenced on 1 January 1995, immediately after the commencement of the Student Assistance (Youth Training Allowance—Transitional Provisions and Consequential Amendments) Act 1994. (7) Part 2 of Schedule 5 commences on 19 March 1996. (8) Item 5 of Schedule 6 and Schedules 7 and 8 commence on 20 March 1996. (9) Schedule 6 (except item 5) commences on 1 January 1997. (10) Schedule 9 and Schedule 10 (except item 3) commence on 21 March 1996. (11) Item 3 of Schedule 10 is taken to have commenced on 1 January 1992, immediately after the commencement of section 37 of the Social Security Legislation Amendment Act (No. 3) 1991. (12) Schedule 11 commences on 1 July 1996. (13) Schedule 12 commences on 1 July 1996, immediately after the commencement of Schedule 6 to the Social Security and Veterans' Affairs Legislation Amendment Act 1995. (14) Schedule 13 commences on 1 September 1996. (15) Schedule 14 is taken to have commenced on 1 July 1995, immediately after the commencement of Schedule 1 to the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994. (16) Items 1 and 2 of Schedule 18 commence on 1 March 1996. Amendments 3. The Acts specified in the Schedules are amended in accordance with the applicable items of the Schedules, and the other items in the Schedules have effect according to their terms. ––––––––––– SCHEDULE 1 Section 3 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO ENTITLEMENTS OF SOCIAL SECURITY RECIPIENTS OUTSIDE AUSTRALIA 1. Subsection 43(2): After "1218" insert 1218A, 1218B, 1218C". 2. After subsection 80(5B): Insert: Favourable determination reversing cancellation due to departure certificate rules "(6) If the favourable determination is made to reverse the effect of a determination that cancelled or suspended an age pension because the pension ceased to be payable under section 1218, the favourable determination takes effect on the day specified in the favourable determination. The day specified must be a day on or after the cancellation or suspension.". 3. Subsection 81(3): Omit "and (6)", substitute ", (6) and (7)". 4. Section 81: Add at the end: Cancellation when payability ceases under departure certificate rules "(7) If the adverse determination is made because pension ceased to be payable under section 1218, the day specified under paragraph (2)(b) may be on or after the day on which pension ceased to be payable under that section.". 5. Section 97: After "1218" insert ", 1218A, 1218B, 1218C". 6. After subsection 146D(5B): Insert: Favourable determination reversing cancellation due to departure certificate rules "(6) If the favourable determination is made to reverse the effect of a determination that cancelled or suspended a disability support pension because the pension ceased to be payable under section 1218, the favourable SCHEDULE 1—continued determination takes effect on the day specified in the favourable determination. The day specified must be a day on or after the cancellation or suspension.". 7. Subsection 146E(3): Omit "and (8)", substitute (8) and (9)". 8. Section 146E: Add at the end: Cancellation when payability ceases under departure certificate rules "(9) If the adverse determination is made because pension ceased to be payable under section 1218, the day specified under paragraph (2)(b) may be on or after the day on which pension ceased to be payable under that section.". 9. Paragraph 147(2)(b): After "1218" insert 1218A, 1218B, 1218C" 10. After subsection 184(5): Insert: Favourable determination reversing cancellation due to departure certificate rules "(6) If the favourable determination is made to reverse the effect of a determination that cancelled or suspended a wife pension because the pension ceased to be payable under section 1218, the favourable determination takes effect on the day specified in the favourable determination. The day specified must be a day on or after the cancellation or suspension.". 11. Subsection 185(3): Omit "and (8)", substitute ", (8) and (9)". 12. Section 185: Add at the end: Cancellation when payability ceases under departure certificate rules "(9) If the adverse determination is made because pension ceased to be payable under section 1218, the day specified under paragraph (2)(b) may be on or after the day on which pension ceased to be payable under that section.". SCHEDULE 1—continued 13. Paragraph 249(3)(b): After "1218" insert", 1218A, 1218B, 1218C". 14. After subsection 299(5B): Insert: Favourable determination reversing cancellation due to departure certificate rules "(6) If the favourable determination is made to reverse the effect of a determination that cancelled or suspended a sole parent pension because the pension ceased to be payable under section 1218, the favourable determination takes effect on the day specified in the favourable determination. The day specified must be a day on or after the cancellation or suspension.". 15. Subsection 300(3): Omit "and (8)", substitute ", (8) and (9)". 16. Section 300: Add at the end: Cancellation when payability ceases under departure certificate rules "(9) If the adverse determination is made because pension ceased to be payable under section 1218, the day specified under paragraph (2)(b) may be on or after the day on which pension ceased to be payable under that section.". 17. Subsection 315(2): After "1218" insert ", 1218A, 1218B, 1218C". 18. After subsection 354(5): Insert: Favourable determination reversing cancellation due to departure certificate rules "(6) If the favourable determination is made to reverse the effect of a determination that cancelled or suspended a bereavement allowance because the allowance ceased to be payable under section 1218, the favourable determination takes effect on the day specified in the favourable determination. The day specified must be a day on or after the cancellation or suspension.". 19. Subsection 355(3): Omit "and (6)", substitute ", (6) and (7)". SCHEDULE 1—continued 20. Section 355: Add at the end: Cancellation when payability ceases under departure certificate rules "(7) If the adverse determination is made because allowance ceased to be payable under section 1218, the day specified under paragraph (2)(b) may be on or after the day on which allowance ceased to be payable under that section.". 21. Paragraph 362(3)(b): After "1218" insert 1218A, 1218B, 1218C". 22. After subsection 402(5): Insert: Favourable determination reversing cancellation due to departure certificate rules "(6) If the favourable determination is made to reverse the effect of a determination that cancelled or suspended a widow B pension because the pension ceased to be payable under section 1218, the favourable determination takes effect on the day specified in the favourable determination. The day specified must be a day on or after the cancellation or suspension.". 23. Subsection 403(3): Omit "and (6)", substitute ", (6) and (7)". 24. Section 403: Add at the end: Cancellation when payability ceases under departure certificate rules "(7) If the adverse determination is made because pension ceased to be payable under section 1218, the day specified under paragraph (2)(b) may be on or after the day on which pension ceased to be payable under that section.". 25. Paragraph 1213(2)(a): After "1218" insert ", 1218A, 1218B, 1218C". 26. Paragraph 1213A(4)(a): After "1218" insert ", 1218A, 1218B, 1218C". SCHEDULE 1—continued 27. Paragraph 1214(2)(a): After "1218" insert 1218A, 1218B, 1218C". 28. Subsection 1214(5): After "1218" insert 1218A, 1218B, 1218C". 29. Section 1218: Repeal the section, substitute: Social security payments to recipient outside Australia without a departure certificate Social security payments affected by this section "1218.(1) This section and sections 1218A, 1218B and 1218C apply in relation to the following social security payments: (a) age pension; (b) disability support pension; (c) wife pension; (d) sole parent pension; (e) bereavement allowance; (f) widow B pension. Qualification ceases after 6 months outside Australia "(2) Subject to sections 1218A and 1218B, a person who is absent from Australia for more than 6 months ceases to be qualified for a social security payment 6 months after the person's departure from Australia, unless the person has been given a departure certificate under section 1219 relating to the departure. Effect of loss of qualification under subsection (2) "(3) If a person ceases to be qualified for a social security payment as a result of subsection (2): (a) the person remains disqualified until the person becomes qualified again for the payment (either under subsection 1218C(1) or by any other means); and (b) the payment ceases to be payable to the person from the time the person ceased to be qualified until the time the person becomes qualified for the payment again. SCHEDULE 1—continued Continuation of qualification in circumstances beyond control of payment recipient Secretary's specification of continuing qualification "1218A.(1) A person is taken not to cease being qualified, or not to have ceased to have been qualified, for a social security payment as a result of subsection 1218(2) for a period of not more than 18 months specified in writing by the Secretary. When Secretary may specify period of continuing qualification "(2) The Secretary may specify in writing a period in relation to a person for the purposes of subsection (1) if the Secretary: (a) becomes aware of the person's departure less than 2 years after it occurred; and (b) considers that there are circumstances that were not within the person's control that justify the person continuing, or being taken to have continued, to be qualified during the specified period. Continuation of qualification after end of period specified by Secretary "(3) Subsection 1218(2) is taken never to have applied in relation to the person's departure if the Secretary is satisfied that the person was qualified for a social security payment continuously from the day of the person's departure until immediately before the end of the period specified by the Secretary in relation to the person. Example 1: Facts: Joe receives age pension. He leaves Australia on 1 January 1996 without a departure certificate, intending to spend 2 months outside Australia. While outside Australia, he suffers a serious illness that prevents him from communicating with people in Australia and from returning to Australia. The Secretary finds out about Joe's departure on 1 May 1996 and sends a recipient statement notice to Joe's last known address in Australia. The notice is not returned and Joe's age pension is cancelled with effect from 1 July 1996. Joe returns to Australia on 28 January 1997. The Secretary finds out about Joe's illness on 1 February 1997, considers that Joe's illness is a circumstance beyond Joe's control and specifies that Joe should be taken not to have ceased to have been qualified for age pension for the period from 1 July 1996 until 28 January 1997 (inclusive). Application: Joe is qualified for age pension from 1 January 1996 until 28 January 1997 (inclusive), despite the fact that he was outside Australia and despite the cancellation of his pension with effect from 1 July 1996. (He continues to qualify for age pension once he is back in Australia on and after 28 January 1997.) SCHEDULE 1—continued Example 2: Facts: Jane receives age pension. She leaves Australia on 1 February 1996 without a departure certificate. The Secretary finds out about Jane's departure on 10 August 1996 and sends a recipient statement notice to Jane's last known address in Australia. On 25 August 1996, a major natural disaster strikes the remote region where Jane is. The disaster cuts all communications with the rest of the world and is expected to prevent people from leaving the region for several months. On 12 September 1996 the Secretary finds out from Jane's daughter how the natural disaster has affected the region where Jane is. The Secretary considers the natural disaster is a circumstance beyond Jane's control that justifies Jane continuing to be qualified for age pension from 1 August to 30 November 1996 (the day by which Jane could reasonably be expected to have provided information about her continuing qualification or to have returned to Australia). On 13 September 1996, the Secretary specifies under section 1218A that Jane should continue to be qualified for that period. Application: Jane is qualified for age pension from 1 February to 30 November 1996. (If Jane is still outside Australia after 30 November 1996, the question whether she qualifies for age pension then will depend on whether subsection 1218A(3) or section 1218B or 1218C applies to her.) Continuation of qualification if recipient statement notice returned within 3 months Secretary to send recipient statement notice to recipient who is outside Australia "1218B.(1) If: (a) the Secretary becomes aware of a person's departure from Australia less than 12 months after the departure; and (b) the Secretary has reason to believe that the person may have been qualified for a social security payment at the time of the person's departure; and (c) the Secretary has not given the person a departure certificate relating to the person's departure; and (d) the Secretary is not aware that the person has returned to Australia within 6 months after the person's departure; the Secretary must send a recipient statement notice to the person. Continuing qualification if recipient statement notice is returned within 3 months "(2) Subsection 1218(2) is taken never to have applied in relation to a particular departure by a person if: SCHEDULE 1—continued (a) no more than 3 months after the Secretary first sent the person a recipient statement notice under subsection (1) of this section, the Secretary receives from the person a recipient statement notice that the Secretary sent to the person under that subsection; and (b) the Secretary is satisfied that the person would have been qualified for a social security payment from the day of the person's departure until the return of the notice if subsection 1218(2) had not applied to the person. Restoration of payment on return of recipient statement notice after more than 3 months "1218C.(1) A person who ceased to be qualified for a social security payment as a result of subsection 1218(2) (and has not become qualified again by any other means) becomes qualified again if: (a) more than 3 months after the Secretary first sent the person a recipient statement notice under subsection 1218B(1) but not more than 12 months after the person departed from Australia, the Secretary receives from the person a recipient statement notice that the Secretary sent to the person under that subsection; and (b) the Secretary is satisfied that the person would have been qualified for a social security payment from the day of the person's departure until the day that the Secretary received the returned notice if subsection 1218(2) had not applied to the person. "(2) A person becomes qualified under subsection (1) on the day the Secretary receives the returned notice.". 30. After subsection 1243(1): Insert: "(1A) In varying or substituting a decision under subsection (1), an authorised review officer may not exercise the Secretary's power under subsection 1218A(2) (which allows the Secretary to continue a person's qualification for a social security payment despite lack of a departure certificate, in circumstances beyond the person's control).". 31. Subsection 1250(1): Add at the end: "(ka) under subsection 1218A(2) (continuation of social security payment despite lack of departure certificate, in circumstances beyond the control of the recipient of the payment).". SCHEDULE I—continued 32. After subsection 1253(1): Insert: "(1A) In varying or substituting a decision under subsection (1), the SSAT may not exercise the Secretary's power under subsection 1218A(2) (which allows the Secretary to continue a person's qualification for a social security payment despite lack of a departure certificate, in circumstances beyond the person's control).". 33. After section 1294: Insert in Division 2 of Part 6.4: Limit on AAT's power in reviewing a decision "1294A. The AAT Act applies to the review under section 1283 of a decision as if the reference in subsection 43(1) of the AAT Act to all the powers and discretions conferred on the person who made the decision excluded the Secretary's power under subsection 1218A(2) (which allows the Secretary to continue a person's qualification for a social security payment despite lack of a departure certificate, in circumstances beyond the person's control).". 34. Subsection 1299(2): Omit the subsection, substitute: "(2) The Secretary cannot delegate: (a) the Secretary's power under subsection 1218A(2) (continuation of social security payment despite lack of departure certificate, in circumstances beyond the control of the recipient of the payment); or (b) the Secretary's power under paragraph 1314(1)(b) (disclosure of information).". 35. Application of amendments The amendments made by this Schedule extend to persons who departed from Australia on or after 1 January 1995 but before this item commenced. ––––––––––––– SCHEDULE 2 Section 3 AMENDMENTS OF THE CHILD CARE ACT 1972 AND THE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990 PART 1—AMENDMENTS OF THE CHILD CARE ACT 1972 1. Section 4: Insert: "approved child care service means: (a) an eligible child care centre; or (b) any other child care service, the operator of which receives from the Commonwealth a grant of a similar kind to grants made under section 12A. fee relief beneficiary, in relation to a child who is receiving child care at an approved child care service, means a person who, if a grant were made to the operator of the service to enable the operator to allow fee relief for the child, would benefit from the fee relief. partner has the same meaning as in the Social Security Act 1991. Social Security Secretary means the Secretary to the Department of Social Security.". 2. After section 12A: Insert in Part III: Provision of a persons's tax file number "12B.(1) The operator of an approved child care service may not allow fee relief for a child, to a person who is a fee relief beneficiary in relation to the child, from a grant if: (a) the person is requested under section 12D to: (i) give the Social Security Secretary a written statement of the person's tax file number; or (ii) apply for a tax file number and give the Social Security Secretary a written statement of the person's tax file number once it has been issued; and (b) the person has neither: (i) given the Social Security Secretary a written statement of the person's tax file number; nor (ii) given the Social Security Secretary a declaration by the person in a form approved by the Social Security Secretary and satisfied either subsection (3) or (4). "(2) If a person who is a fee relief beneficiary in relation to a child is requested under section 12D to: SCHEDULE 2—continued (a) give the Social Security Secretary a written statement of the person's tax file number; or (b) apply for a tax file number and give the Social Security Secretary a written statement of the person's tax file number once it has been issued; the person is not to be given an assessment of entitlement to fee relief for the child if the person has neither: (c) given the Social Security Secretary a written statement of the person's tax file number; nor (d) given the Social Security Secretary a declaration by the person in a form approved by the Social Security Secretary and satisfied either subsection (3) or (4). "(3) A person satisfies this subsection if: (a) the person's declaration states that the person: (i) has a tax file number but does not know what it is; and (ii) has asked the Commissioner of Taxation to inform the person of the person's tax file number; and (b) the person has given the Social Security Secretary a document by the person that authorises the Commissioner of Taxation to tell the Social Security Secretary: (i) whether the person has a tax file number; and (ii) if the person has a tax file number—the tax file number; and (c) the Commissioner of Taxation had not told the Social Security Secretary that the person has no tax file number. "(4) A person satisfies this subsection if: (a) the person's declaration states that the person has applied for a tax file number; and (b) the person has given the Social Security Secretary a document by the person that authorises the Commissioner of Taxation to tell the Social Security Secretary: (i) if the tax file number is issued to the person—the tax file number; or (ii) if the application is refused—that the application has been refused; or (iii) if the application is withdrawn—that the application has been withdrawn; and (c) the Commissioner of Taxation has not told the Social Security Secretary that the person has not applied for a tax file number; and SCHEDULE 2—continued (d) the Commissioner of Taxation has not told the Social Security Secretary that an application by the person for a tax file number has been refused; and (e) the application for a tax file number has not been withdrawn. Provision of partner's tax file number "12C.(1) Subject to subsection (5), the operator of an approved child care service may not allow fee relief for a child, to a person who is a fee relief beneficiary in relation to the child, from a grant if: (a) the person is a member of a couple; and (b) the person is requested under section 12E to give the Social Security Secretary a written statement of the tax file number of the person's partner; and (c) the person has neither: (i) given the Social Security Secretary a written statement of the partner's tax file number; nor (ii) given the Social Security Secretary a declaration by the partner in a form approved by the Social Security Secretary and satisfied either subsection (3) or (4). "(2) If a person who is a fee relief beneficiary in relation to a child is requested under section 12D to give the Social Security Secretary a written statement of the tax file number of the person's partner, the person is not to be given an assessment of entitlement to fee relief for the child if the person has neither: (a) given the Social Security Secretary a written statement of the partner's tax file number; nor (b) given the Social Security Secretary a declaration by the partner in a form approved by the Social Security Secretary and satisfied either subsection (3) or (4). "(3) A person satisfies this subsection if: (a) the partner's declaration states that the partner: (i) has a tax file number but does not know what it is; and (ii) has asked the Commissioner of Taxation to inform the partner of the partner's tax file number; and (b) the person has given the Social Security Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Social Security Secretary: (i) whether the partner has a tax file number; and SCHEDULE 2—continued (ii) if the partner has a tax file number—the tax file number; and (c) the Commissioner of Taxation has not told the Social Security Secretary that the partner has no tax file number. "(4) A person satisfies this subsection if: (a) the partner's declaration states that an application by the partner for a tax file number is pending; and (b) the person has given the Social Security Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Social Security Secretary: (i) if the tax file number is issued to the partner—the tax file number; or (ii) if the application is refused—that the application has been refused; or (iii) if the application is withdrawn—that the application has been withdrawn; and (c) the Commissioner of Taxation has not told the Social Security Secretary that an application by the partner for a tax file number has been refused; and (d) the application for a tax file number has not been withdrawn. "(5) The Social Security Secretary may waive the request for a statement of the partner's tax file number if the Social Security Secretary is satisfied that: (a) the person does not know the partner's tax file number; and (b) the person can obtain none of the following from the partner: (i) the partner's tax file number; (ii) a statement of the partner's tax file number; (iii) a declaration by the partner under subparagraph (1)(c)(ii). Social Security Secretary may request person who would benefit from fee relief to give statement of person's tax file number "12D.(1) If a person who is a fee relief beneficiary is in Australia, the Social Security Secretary may request but not compel the person: (a) if the person has a tax file number—to give the Social Security Secretary a written statement of the person's tax file number; or (b) if the person does not have a tax file number: (i) to apply to the Commissioner of Taxation for a tax file number; and SCHEDULE 2—continued (ii) to give the Social Security Secretary a written statement of the person's tax file number after the Commissioner of Taxation has issued it. "(2) A grant is not to be made to the operator of an approved child care service to enable the operator to allow fee relief for a child if: (a) a person who is a fee relief beneficiary in relation to the child has failed to satisfy a request made under subsection (1); and (b) the Social Security Secretary has not exempted the person from having to satisfy the request. "(3) A person who is a fee relief beneficiary in relation to a child is not to be given an assessment of entitlement to fee relief for the child if: (a) the person has failed to satisfy a request made under subsection (1); and (b) the Social Security Secretary has not exempted the person from having to satisfy the request. Note: In some cases the request can be satisfied by giving the Social Security Secretary a declaration by the person about the person's tax file number and an authority by the person to the Commissioner of Taxation to give the Social Security Secretary certain information about the person's tax file number (see subsections 12B(3) and (4)). Social Security Secretary may request person who would benefit from fee relief to give statement of partner's tax file number "12E.(1) If: (a) a person who is a fee relief beneficiary is a member of a couple; and (b) the person's partner is in Australia; the Social Security Secretary may request but not compel the person to give the Social Security Secretary a written statement of the tax file number of the person's partner. "(2) A grant is not to be made to the operator of an approved child care service to enable the operator to allow fee relief for a child if: (a) a person who is a fee relief beneficiary in relation to the child has failed to satisfy a request made under subsection (1); and (b) the Social Security Secretary has not exempted the person from having to satisfy the request. "(3) A person who is a fee relief beneficiary in relation to a child is not to be given an assessment of entitlement to fee relief for the child if: (a) the person has failed to satisfy a request made under subsection (1); and (b) the Social Security Secretary has not exempted the person from having to satisfy the request. SCHEDULE 2—continued Note 1: In some cases the request can be satisfied by giving the Social Security Secretary a declaration by the partner about the partner's tax file number and an authority by the partner to the Commissioner of Taxation to give the Social Security Secretary certain information about the partner's tax file number (see subsections 12C(3) and (4)). Note 2: The Social Security Secretary may waive the request in some cases (see subsection 12C(5)).". SCHEDULE 2—continued PART 2—AMENDMENTS OF THE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990 COMMENCING ON ROYAL ASSENT 3. Section 3 (definition of personal identity data): Omit paragraphs (g) and (h). 4. Section 7 (paragraph 3 in Step 1): Omit the paragraph. 5. Section 7 (paragraph 4 in Step 1): Omit "either of the checks", substitute "the check". 6. Section 7 (after subparagraph 7(c) in Step 3): Insert: "(ca) the date of the most recent assessment under the Income Tax Assessment Act 1936 of the person's declared income; (cb) the amount of spouse rebate;". 7. Section 7 (paragraph 10 in Step 4): Omit the paragraph. 8. Section 7 (paragraph 11 in Step 4): Omit ", after matching under paragraph 10,". 9. After subsection 12(2A): Insert: "(2B) After the end of each financial year, each agency must give the Privacy Commissioner and cause to be laid before each House of the Parliament a report including the matters relating to the data-matching program carried out during the financial year: (a) that are specified in paragraphs 9(i) and 9(vi) of the guidelines issued by the Privacy Commissioner on 31 October 1994; or (b) if the guidelines described in paragraph (a) are replaced—that are specified for the purposes of this subsection in the guidelines issued by the Privacy Commissioner as in force from time to time. "(2C) After the 3-year period ending on 30 June 1998, and after each successive 3-year period, each agency must give the Minister responsible for the agency a report for presentation to the Parliament including all the details relating to the data-matching program carried out during the period: SCHEDULE 2—continued (a) that are specified in guideline 12 of the guidelines issued by the Privacy Commissioner on 31 October 1994; or (b) if the guidelines described in paragraph (a) are replaced—that are specified for the purposes of this subsection in the guidelines issued by the Privacy Commissioner as in force from time to time. Note: Section 34C of the Acts Interpretation Act 1901 sets time limits for giving reports to Ministers and for presentation of reports to the Parliament.". 10. Section 21: Omit the section, substitute the following section; Cessation of operation of Act "21. Parts 1 and 2 of this Act, unless sooner repealed, shall cease to be in force on and from 22 January.". SCHEDULE 2—continued PART 3—AMENDMENTS OF THE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990 COMMENCING ON 1 JANUARY 1996 11. Section 3 (definition of assistance agency): Before paragraph (b) insert: "(a) the Department of Human Services and Health; or". 12. Section 3 (paragraph (c) of definition of personal assistance): Omit "or benefit", substitute ", benefit or program". 13. Section 3 (paragraph (c) of definition of personal assistance): After subparagraph (xxivc) insert: "(xxivd) Childcare assistance (fee relief); (xxive) fee relief under the Child Care Act 1972;". –––––––––––– SCHEDULE 3 Section 3 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO WAIVER OF DEBTS 1. Section 1236A: Repeal the section, substitute: Application "1236A.(1) Sections 1237, 1237A, 1237AA, 1237AAA, 1237AAB, 1237AAC and 1237AAD apply to: (a) debts arising on or after 1 January 1996; and (b) the amounts of debts arising before 1 January 1996 that were outstanding at the start of that day. "(2) Section 1237AB applies to all debts, whenever incurred, owed to the Commonwealth and arising under this Act or under the Social Security Act 1947.". 2. Sections 1237 and 1237A: Repeal the sections, substitute: Power to waive Commonwealth's right to recover debt Secretary's limited power to waive "1237.(1) On behalf of the Commonwealth, the Secretary may waive the Commonwealth's right to recover the whole or a part of a debt from a debtor only in the circumstances described in section 1237A, 1237AA, 1237AAA, 1237AAB, 1237AAC or 1237AAD. When waiver takes effect "(2) A waiver takes effect: (a) on the day specified in the waiver (whether that day is before, after or on the day on which the decision to waive is made); or (b) if the waiver does not specify when it takes effect—on the day on which the decision to waive is made. Note: If the Secretary waives the Commonwealth's right to recover all or part of a debt, this is a permanent bar to recovery of the debt or part of the debt—the debt or part of the debt effectively ceases to exist. Waiver of debt arising from error Administrative error "1237A.(1) The Secretary must waive the right to recover the proportion of a debt that is attributable solely to an administrative error made by the Commonwealth if the debtor received in good faith the payment or payments that gave rise to that proportion of the debt. SCHEDULE 3—continued Note: Subsection (1) does not allow waiver of a part of a debt that was caused partly by administrative error and partly by one or more other factors (such as error by the debtor). Underestimating value of property "(2) If: (a) a debt arose because the debtor or the debtor's partner underestimated the value of particular property of the debtor or partner; and (b) the estimate was made in good faith; and (c) the value of the property was not able to be easily determined when the estimate was made; the Secretary must waive the right to recover the proportion of the debt attributable to the underestimate. Proportion of a debt "(3) For the purposes of this section, a proportion of a debt may be 100% of the debt. Waiver of debt relating to an offence "1237AA.(1) If: (a) a debtor has been convicted of an offence that gave rise to a proportion of a debt; and (b) the court indicated in sentencing the debtor that it imposed a longer custodial sentence on the debtor because he or she was unable or unwilling to pay the debt; the Secretary must waive the right to recover the proportion of the debt that arose in connection with the offence. "(2) For the purposes of this section, a proportion of a debt may be 100% of the debt. Waiver of small debt "1237AAA.(1) The Secretary must waive the right to recover a debt if: (a) the debt is, or is likely to be, less than $200; and (b) it is not cost effective for the Commonwealth to take action to recover the debt. "(2) Subsection (1) does not apply if the debt is at least $50 and could be recovered by deductions under section 1231 from a social security payment of the debtor. SCHEDULE 3—continued Waiver in relation to settlements Settlement of civil action "1237AAB.(1) If the Commonwealth has agreed to settle a civil action against a debtor for recovery of a debt for less than the full amount of the debt, the Secretary must waive the right to recover the difference between the debt and the amount that is the subject of the settlement. Settlement of proceedings before the AAT "(2) If the Secretary has agreed to settle proceedings before the AAT relating to recovery of a debt on the basis that the debtor will pay less than the full amount of the debt, the Secretary must waive the right to recover the difference between the debt and the amount that is the subject of the settlement. Waiver where at least 80% of debt recovered and debtor cannot pay more "(3) If: (a) the Commonwealth has recovered at least 80% of the original value of a debt from a debtor; and (b) the Commonwealth and the debtor agree that the recovery is in full satisfaction for the whole of the debt; and (c) the debtor cannot repay a greater proportion of the debt; the Secretary must waive the remaining 20% or less of the value of the original debt. Agreement for part-payment in satisfaction of outstanding debt "(4) If the Secretary and a debtor agree that the debtor's debt will be fully satisfied if the debtor pays the Commonwealth an agreed amount less than the amount of the debt outstanding at the time of the agreement (the unpaid amount), the Secretary must waive the right to recover the difference between the unpaid amount and the agreed amount. Limits on agreement to accept part-payment in satisfaction of outstanding debt "(5) The Secretary must not make an agreement described in subsection (4) unless the Secretary is satisfied that: (a) the debtor cannot repay more of the debt than the agreed amount; and (b) the agreed amount is at least the present value of the unpaid amount repaid in instalments whose amount and timing is determined by the Secretary; and (c) it would take at least a year to recover the unpaid amount under Part 5.3 if subsection (4) did not apply. SCHEDULE 3—continued Formula for working out present value of unpaid amount "(6) For the purposes of subsection (5), the present value of the unpaid amount is the amount worked out in accordance with the following formula: where: annual repayment is the amount of the debt that the Secretary believes would be recovered under Part 5.3 in a year if subsection (4) did not apply in relation to the debt. interest is the annual rate of interest specified by the Minister in a written notice. repayment period is the number of years needed to repay the unpaid amount if repayments equal to the annual repayment were made each year. Example: Facts: Bill owed a debt of $35,000 to the Commonwealth. After repaying $5,000 (leaving an unpaid amount of $30,000), he offers to make an immediate payment of a further $20,000 in full satisfaction of the debt. The Secretary is satisfied that Bill cannot repay a larger amount of the debt than this. The Secretary believes that $1,500 of the debt would be recovered under Part 5.3 in a year, at which rate it would take 20 years to repay the debt. The Minister has specified an interest rate of 5% a year for the purpose of subsection (6). Application: The Secretary can accept Bill's offer and make an agreement with him as described in subsection (4), because the $20,000 is more than the present value of $30,000 repaid over 20 years at a 5% interest rate (which is $18,693.33 = ($1,500÷0.05) × (1-(1÷(l + 0.05)20))). If the Secretary makes the agreement, the Secretary must waive $10,000 of the debt (the difference between the unpaid amount of $30,000 and the agreed amount of $20,000). Notice is a disallowahle instrument "(7) A notice described in the definition of interest in subsection (6) is a disallowable instrument. Waiver where debtor or debtor's partner would have been entitled to an allowance Waiver if there was an unclaimed entitlement to family payment or family allowance "1237AAC.(1) If: SCHEDULE 3—continued (a) a debt arises from overpayments made to the debtor; and (b) the debtor or the debtor's partner does not claim family payment or family allowance for the period when the overpayments were made; and (c) an amount of family payment or family allowance would have been payable for the period when the overpayments were made if the debtor or the debtor's partner had lodged a claim; the Secretary must waive the right to recover the debt to the extent set out in subsection (2). Amount of debt Secretary must waive "(2) The Secretary must waive under subsection (1) the right to recover the amount of debt equal to the amount of family payment or family allowance that would have been payable to the debtor or the debtor's partner in the 3-year period ending on the day the overpayment is stopped if: (a) the overpayments had not been made to the debtor; and (b) the debtor or the debtor's partner had lodged a claim for the payment. Reference to amount of family payment or family allowance is a reference to basic rate of payment or allowance only "(3) For the purposes of subsection (2): (a) an amount of family payment is the minimum standard family payment rate plus any guardian allowance that is payable plus any large family supplement that is payable; and (b) an amount of family allowance does not include multiple birth allowance. Waiver if there was an unclaimed entitlement to parenting allowance "(4) If: (a) a debt arises from overpayments to the debtor; and (b) the Secretary is satisfied that the overpayments did not result wholly or partly from the debtor or another person knowingly: (i) making a false statement or false representation; or (ii) failing or omitting to comply with a provision of this Act or the 1947 Act; and (c) the debtor or the debtor's partner did not claim parenting allowance for the period (the overpayment period) when the overpayments were made; and (d) an amount of parenting allowance would have been payable for that period if the debtor or the debtor's partner had lodged a claim; SCHEDULE 3—continued the Secretary must waive the right to recover the debt to the extent set out in subsection (5). Waiver of amount equal to notional entitlement to parenting allowance "(5) The Secretary must waive under subsection (4) the right to recover the amount of debt equal to the amount of parenting allowance that would have been payable to the debtor or the debtor's partner during so much of the overpayment period as was not earlier than 3 years before the day on which the overpayment is stopped if: (a) the overpayments had not been made to the debtor; and (b) the debtor or the debtor's partner had lodged a claim for the allowance. Calculating the amount equal to notional entitlement to parenting allowance "(6) For the purposes of working out the amount of parenting allowance that would have been payable to the debtor or the debtor's partner, the rate of parenting allowance for the debtor or the debtor's partner: (a) if the Secretary is satisfied that the rate would have been greater than the maximum basic component if parenting allowance had been claimed—is taken to have been that greater rate; or (b) in any other case—is taken not to have exceeded the maximum basic component of parenting allowance specified at the relevant time in point 1068A-B6. Waiver in special circumstances "1237AAD. The Secretary may waive the right to recover all or part of a debt if the Secretary is satisfied that: (a) the debt did not result wholly or partly from the debtor or another person knowingly: (i) making a false statement or a false representation; or (ii) failing or omitting to comply with a provision of this Act or the 1947 Act; and (b) there are special circumstances (other than financial hardship alone) that make it desirable to waive; and (c) it is more appropriate to waive than to write off the debt or part of the debt. Note: Section 1236 allows the Secretary to write off a debt on behalf of the Commonwealth.". 3. After subsection 1240(3A): Insert: SCHEDULE 3—continued "(3B) Despite subsection (3), an authorised review officer cannot review a decision of the Secretary on whether to exercise the Secretary's power under section 1285A.". 4. Subsection 1250(1): Add at the end: "; or (m) relating to the Secretary's power under section 1285A to settle proceedings before the AAT.". 5. After section 1285: Insert in Division 1 of Part 6.4: Secretary may settle proceedings before the AAT "1285A.(1) The Secretary may agree with other parties to proceedings before the AAT that relate to recovering a debt to settle the proceedings. The agreement must be in writing. "(2) If the proceedings are settled and the Secretary gives the AAT a copy of the agreement to settle the proceedings, the application for review of the decision that was the subject of the proceedings is taken to have been dismissed.". ______________ SCHEDULE 4 Section 3 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO INCREASE RENT ASSISTANCE THRESHOLDS AND FAMILY PAYMENT RENT ASSISTANCE 1. Part 3.16 (heading): Add at the end "AND ADJUSTMENT OF AMOUNTS". 2. Section 1189: Add at the end: "; and (d) one-off adjustments of certain amounts". 3. Section 1190 (column 4 of item 18B of Table): Omit "all amounts" (second occurring), substitute "rent threshold amounts". 4. After Division 4 of Part 3.16: Insert in Part 3.16: "Division 5—One-off adjustments of certain amounts Rent assistance threshold for social security pensions increased on 20 March 1996 "1206D. This Act has effect as if, on 20 March 1996, each indexed amount of pension rent threshold that is substituted under subsection 1192(1) for another amount on that day were in turn replaced with an amount equal to the indexed amount plus $130.00. Note 1: For indexed amount, see section 1192. Note 2: For pension rent threshold, see item 17A of the Table in section 1190. Rent assistance threshold for some social security payments increased on 20 March 1996 "1206E.(1) This section applies to the following kinds of rent threshold: (a) benefit rent threshold; (b) rent threshold SA (under 18); (c) family payment rent threshold. Note 1: For benefit rent threshold, see item 18A of the Table in section 1190. Note 2: For rent threshold SA (under 18), see item 18B of the Table in section 1190. Note 3: For family payment rent threshold, see item 19A of the Table in section 1190. "(2) This Act has effect as if, on 20 March 1996, each indexed amount of rent threshold that is substituted under subsection 1192(1) for another amount on that day were in turn replaced with an amount equal to the indexed amount plus $5.00. Note: For indexed amount, see section 1192. SCHEDULE 4—continued Rent assistance for family payment increased on 20 March 1996 "1206F. This Act has effect as if, on 20 March 1996, each indexed amount of FP RA (rent assistance) that is substituted under subsection 1192(1) for another amount on that day were in turn replaced with an amount equal to the indexed amount plus $5.00. Note 1: For indexed amount, see section 1192. Note 2: For FP RA and rent assistance, see item 19 of the Table in section 1190. Increased rent assistance for pensioners with service pensioner partners with children "1206G. This Act has effect as if, on 20 March 1996 after indexation, the indexed amount in each of the following provisions were increased by $65.00: (a) column 4 of items 5 and 6 of Table D in point 1064-D5 (maximum rate of rent assistance for pensioners with service pensioner partners who have rent increased pension and one or more dependent children); (b) column 4 of items 6 and 7 of Table EA in point 1066A-EA12 (maximum rate of rent assistance for pensioners with service pensioner partners who have rent increased pension and one or more dependent children); (c) column 4 of items 6 and 7 of Table EB in point 1066A-EB13 (maximum rate of rent assistance for pensioners with service pensioner partners who have rent increased pension and one or more dependent children).". –––––––––––– SCHEDULE 5 Section 3 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO PRESERVED RENT ASSISTANCE ENTITLEMENTS PART 1—AMENDMENTS COMMENCING IMMEDIATELY BEFORE 20 MARCH 1996 1. After subclause 27(3) of Schedule 1A: Insert: "(3A) For the purposes of subclauses (1) and (3), the person's floor amount is the amount worked out using the formula: where: preserved rent assistance is the amount worked out under subclause (4); post-1995 increase is the sum of the increases in the amount of the maximum fortnightly rate of any of the following payments to the person after 19 March 1996 (whether or not the type or amount of payment payable to the person varies after that day because the person's circumstances change): (a) a social security benefit; (b) a social security pension; (c) family payment; (d) non-benefit parenting allowance; (e) child disability allowance; (f) double orphan pension; (g) mobility allowance; (h) youth training allowance.". 2. Subclause 27(4) of Schedule 1A: Omit "subclauses (1) and (3), the person's floor amount", substitute "subclause (3A), the person's preserved rent assistance". 3. Subclause 27(5) of Schedule 1A: Omit the subclause, substitute: "(5) Subclause (1) or (3) ceases to apply to a person's pension, benefit or allowance rate when the amount of rent assistance that the person would be entitled to because of that subclause is less than, or equal to, the amount of rent assistance that the person is entitled to under this Act apart from this clause.". 4. Subclause 27(6) of Schedule 1A: Omit "(2)", substitute "(3)". SCHEDULE 5—continued 5. Subclause 28(2) of Schedule 1A: Omit "property owner", substitute "homeowner". 6. Subclause 28(3) of Schedule 1A: Omit "subsection", substitute "subclause". 7. Clause 28 of Schedule 1A: Add at the end: "(4) If a person is entitled to rent assistance because of subclause (1) or (2) , any amount that would (apart from this subclause) be payable to the person by way of rent assistance is to be reduced by the sum of the increases in the amount of the maximum fortnightly rate of any of the following payments to the person after 19 March 1996 (whether or not the type or amount of payment payable to the person varies after that day because the person's circumstances change): (a) a social security benefit; (b) a social security pension; (c) family payment; (d) non-benefit parenting allowance; (e) child disability allowance; (f) double orphan pension; (g) mobility allowance; (h) youth training allowance. "(5) Subclause (4) does not apply if the person is entitled to rent assistance because of subclause (1) or (2) and the amount payable by way of rent assistance is worked out under clause 63. "(6) This clause ceases to apply (and cannot re-apply later) to a person if, as a result of the reduction required by subclause (4), no amount would be payable to the person by way of rent assistance.". 8. After subclause 63(3) of Schedule 1A: Insert: "(3A) Subject to subclauses (7), (8) and (9), if this clause applies to a person, the amount by way of rent assistance to be used to calculate the person's pension, benefit or payment rate is the amount (the floor amount) worked out using the formula: where: SCHEDULE 5—continued preserved rent assistance is the amount worked out under subclause (4); post-1995 increase is the sum of the increases in the amount of the maximum fortnightly rate of any of the following payments to the person after 19 March 1996 or the later day (the application day) this clause first applied to the person (whether or not the type or amount of payment payable to the person varies after 19 March 1996 or the application day because the person's circumstances change): (a) a social security benefit; (b) a social security pension; (c) family payment; (d) non-benefit parenting allowance; (e) child disability allowance; (f) double orphan pension; (g) mobility allowance; (h) youth training allowance.". 9. Subclause 63(4) of Schedule 1A: Omit "Subject to subclauses (7), (8) and (9), if subclause (1) or (3) applies to a person, the amount by way of rent assistance to be used to calculate the person's pension, benefit or payment rate", substitute "For the purposes of subclause (3A), the preserved rent assistance". 10. Paragraph 63(4)(b) of Schedule 1A: Omit "(the 'floor amount')". SCHEDULE 5—continued PART 2—AMENDMENTS COMMENCING ON 19 MARCH 1996 11. Paragraph 27(3)(c) of Schedule 1A: After "allowance" insert "or would not have ceased to apply to the person until then if the subsection had not been repealed". 12. Paragraph 28(2)(c): After "supplement" insert "or would have applied to the person at all those times if the subsection had not been repealed". 13. Paragraph 63(8)(c) of Schedule 1A: After "applies" insert "or would apply if it had not been repealed". 14. Subclause 63(8) of Schedule 1A: Omit "and the amount by way of rent assistance to be used to calculate the rate of the person's partner's pension under the Veterans' Entitlements Act 1986". 15. Paragraph 63(9)(d): After "applies" insert "or would apply if it had not been repealed". 16. Subclause 63(9): Omit "or of the person's partner's pension under Part III of that Act". –––––––––––– SCHEDULE 6 Section 3 AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 AND INCOME TAX ASSESSMENT ACT 1936 TO PROVIDE FOR RESIDENTIAL CARE ALLOWANCE PART 1—AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 1. Section 3: In the Index, insert the following entries in the appropriate alphabetical positions (determined on a letter-by-letter basis): "excluded homeowner 13A(1) in residential care 13A(5) residential care charge 13A(2) residential care charge paid or payable 13A(4)". 2. Paragraph 13(8)(b): Omit the paragraph. 3. Paragraph 13(8)(c): Omit "hospital; or", substitute "hospital.". 4. Paragraph 13(8)(d): Omit the paragraph. 5. After section 13: Insert: Residential care allowance definitions Definitions "13A.(1) In this Act, unless the contrary intention appears: excluded homeowner means a homeowner other than a person who: (a) is in residential care; and (b) is not residing in a retirement village. Note 1: For retirement village see subsections 12(3) and (4). Note 2: The transitional provisions in clause 28 of Schedule 1A provide that a person may not be an excluded homeowner even though the person resides in a retirement village. in residential care has the meaning given by subsection (5). residential care charge has the meaning given by subsection (2). residential care charge paid or payable has a meaning affected by subsection (4). SCHEDULE 6—continued Residential care charge "(2) Amounts payable for accommodation of a person in residential care are residential care charge if: (a) the amounts are payable every 3 months or more frequently; or (b) the amounts are payable at regular intervals greater than 3 months and the Secretary is satisfied that the amounts should be treated as residential care charge for the purposes of this Act. Amounts that are not residential care charge "(3) Despite subsection (2), the following amounts are not residential care charge: (a) amounts payable under a scheme established by a law of the Commonwealth, or of a State or Territory, to pay all or part of the costs of persons in residential care; (b) amounts payable for residential care of the person in residential care as compensation for an injury suffered by that person. Note: For in residential care see subsection 13A(5). Proportion of total charge that is residential care charge "(4) For the purposes of this Act, if: (a) amounts are payable for accommodation and other services for a person who is in residential care; and (b) it is not possible to work out the part of each of those amounts that is paid or payable for accommodation; the amount of residential care charge paid or payable for the person is taken to be two-thirds of each of the amounts mentioned in paragraph (a). Note: For in residential care see subsection 13A(5). When a person is in residential care "(5) For the purposes of this Act, a person is in residential care if the person: (a) is residing in premises that are: (i) an approved nursing home for the purposes of the National Health Act 1953 or the Nursing Homes Assistance Act 1974; or (ii) an approved home for the purposes of the Aged or Disabled Persons Care Act 1954; or (iii) an approved hostel for the purposes of the Aged or Disabled Persons Hostels Act 1972; or SCHEDULE 6—continued (iv) made available for the accommodation of the person by an approved organisation providing hostel care services or personal care services to the person for the purposes of Part III of the Aged or Disabled Persons Care Act 1954; and (b) has resided, or in the Secretary's opinion is likely to reside, in premises described in paragraph (a) for at least 14 consecutive days.". 6. Subsection 664A(4) (paragraph (b) of definition of threshold amount): After "rent assistance" insert "or residential care allowance". 7. Subsection 664C(4) (paragraph (b) of definition of threshold amount): After "rent assistance" insert "or residential care allowance". 8. Subsection 664E(4) (paragraph (b) of definition of threshold amount): After "rent assistance" insert "or residential care allowance". 9. Subsection 664G(4) (paragraph (b) of definition of threshold amount): After "rent assistance" insert "or residential care allowance". 10. Subsection 664HA(4) (paragraph (b) of definition of threshold amount): After "rent assistance" insert "or residential care allowance". 11. Point 796-C1 (Note): Omit "rent assistance", substitute "any rent assistance or residential care allowance and any". 12. Point 1064-A1 (Method statement): Omit Step 3, substitute: "Step 3. Work out the amount per year (if any) for either rent assistance (using MODULE D) or residential care allowance (using Part 3.12B).". 13. Point 1064-A1 (Note 2): After "rent assistance" insert "or residential care allowance". 14. After paragraph 1064-D1(a): Insert: SCHEDULE 6—continued "(b) the person's rate of payment does not include an amount of residential care allowance; and". 15. Point 1066-A1 (Method statement): Omit Step 3, substitute: "Step 3. Work out the amount per year (if any) for either rent assistance (using MODULE D) or residential care allowance (using Part 3.12B).". 16. Point 1066-A1 (Note 2): After "rent assistance" insert "or residential care allowance". 17. After paragraph 1066-Dl(a): Insert: "(aa) the person's rate of payment does not include an amount of residential care allowance; and". 18. Point 1066A-A1 (Method statement): Omit Step 4, substitute: "Step 4. Work out the amount per year (if any) for either rent assistance (using MODULE EA if the person is under 18, or MODULE EB if the person is at least 18) or residential care allowance (using Part 3.12B).". 19. Point 1066A-A1 (Note 2): After "rent assistance" insert "or residential care allowance". 20. Point 1066A-EA2: Add at the end: "; and (i) the person's rate of payment does not include an amount of residential care allowance.". 21. Point 1066A-EB2: Add at the end: "; and (j) the person's rate of payment does not include an amount of residential care allowance.". 22. Point 1067-A1 (Method statement): Omit Step 3, substitute: "Step 3. Work out any applicable amount (if any) for either rent assistance (using MODULE F) or residential care allowance (using Part 3.12B).". SCHEDULE 6—continued 23. After paragraph 1067-F1(e): Insert: "(ea) the person's rate of payment does not include an amount of residential care allowance; and". 24. Point 1067E-A1 (Method statement): Omit Step 3, substitute: "Step 3. Work out the applicable amount (if any) for either rent assistance (using MODULE D) or residential care allowance (using Part 3.12B).". 25. After paragraph 1067E-D1(c): Insert: "(ca) the person's rate of payment does not include an amount of residential care allowance; and". 26. Point 1068-A1 (Method statement): Omit Step 3, substitute: "Step 3. Work out the applicable amount (if any) for either rent assistance (using MODULE F) or residential care allowance (using Part 3.12B).". 27. Point 1068-A1 (Note 1): After "rent assistance" insert "or residential care allowance". 28. After paragraph 1068-Fl(c): Insert: "(ca) the person's rate of payment does not include an amount of residential care allowance; and". 29. Paragraph (b) of Step 4 of Method statement in point 1068A-A3: After "(see Module F below)" insert "or residential care allowance (see Part 3.12B)". 30. Point 1068A-A3 (Note): After "rent assistance" insert "or residential care allowance". 31. After paragraph 1068A-F1(d): Insert: "(da) the person's rate of payment does not include an amount of residential care allowance; and". SCHEDULE 6—continued 32. Point 1069-A1 (Method statement): Omit Step 1, substitute: "Step 1. Add the amounts worked out und