Commonwealth: Social Security Legislation Amendment (Remote Engagement Program) Act 2021 (Cth)

Social Security Legislation Amendment (Remote Engagement Program) Act 2021 No. 123, 2021 Compilation No. 1 Compilation date: 25 May 2022 Registered: 25 May 2022 This compilation only includes an editorial change About this compilation This compilation This is a compilation of the Social Security Legislation Amendment (Remote Engagement Program) Act 2021 that shows the text of the law as amended and in force on 25 May 2022 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Amendments Part 1—Main amendments relating to remote engagement program payment Social Security Act 1991 Social Security (Administration) Act 1999 Part 2—Contingent amendments relating to remote engagement program payment Social Security Act 1991 Part 3—Main amendments relating to the end of the CDEP Scheme Age Discrimination Act 2004 Social Security Act 1991 Social Security (Administration) Act 1999 Part 4—Contingent amendments relating to the end of the CDEP Scheme Social Security Act 1991 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Editorial changes An Act to amend the law relating to social security, and for related purposes 1 Short title This Act is the Social Security Legislation Amendment (Remote Engagement Program) Act 2021. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day after this Act receives the Royal Assent. 3 December 2021 2. Schedule 1, Part 1 A single day to be fixed by Proclamation. 2 June 2022 However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 3. Schedule 1, Part 2 The later of: 2 June 2022 (a) immediately after the commencement of the provisions covered by table item 2; and (paragraph (a) applies) (b) immediately after the commencement of Schedule 1 to the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 4. Schedule 1, Part 3 The day after this Act receives the Royal Assent. 3 December 2021 5. Schedule 1, Part 4 At the same time as the provisions covered by table item 4. 3 December 2021 However, the provisions do not commence at all if Schedule 1 to the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022 commences at or before that time. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments Part 1—Main amendments relating to remote engagement program payment Social Security Act 1991 1 Subsection 23(1) Insert: qualifying remote income support payment: see section 661B. remote engagement placement, under the remote engagement program, means a part of the program (if any) determined by the Minister under paragraph 661A(2)(b). remote engagement program means the arrangement (if any) determined by the Minister under paragraph 661A(2)(a). remote engagement program provider means a person or organisation that is a party to an agreement with the Commonwealth under which the person or organisation receives Commonwealth funding to deliver the remote engagement program. 2 After paragraph 23(4AA)(ad) Insert: (ae) Part 2.13 (remote engagement program payment); 3 At the end of subsection 94(1) Add: Note 3: A person receiving disability support pension, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13. 4 At the end of subsection 500(1) Add: Note 4: A person receiving parenting payment, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13. 5 At the end of section 540 Add: Note 3: A person receiving youth allowance, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13. 6 At the end of subsection 593(1) Add: Note 14: A person receiving a jobseeker payment, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13. 7 After Part 2.12 Insert: Part 2.13—Remote engagement program payment Division 1—Qualification for and payability of remote engagement program payment Subdivision A—Qualification 661A Qualification for remote engagement program payment (1) A person qualifies for a remote engagement program payment for a period if, throughout the period: (a) the person is receiving a qualifying remote income support payment; and (b) the person is receiving employment services from a remote engagement program provider; and (c) the Secretary is satisfied that the person has agreed to participate, and is participating, in a remote engagement placement for at least 15 hours per week under the remote engagement program; and (d) the person satisfies the qualification requirements (if any) determined by the Minister under paragraph (2)(c). Note: For qualifying remote income support payment see section 661B. (2) The Minister may, by legislative instrument, determine one or more of the following: (a) an arrangement to be the remote engagement program; (b) a part of the remote engagement program to be a remote engagement placement under the program; (c) a qualification requirement for the purposes of paragraph (1)(d). 661B Definition of qualifying remote income support payment (1) A qualifying remote income support payment is an income support payment: (a) of a kind set out in column 2 of an item in the following table; and (b) for which a person qualifies in the circumstances set out in column 3 of the item. Remote engagement program payment—qualifying remote income support payments Column 1 Column 2 Column 3 Item Kind of payment Circumstances 1 Disability support pension The person qualifies under subsection 94(1) and either: (a) is required, under paragraph 94(1)(da), to meet participation requirements under section 94A; or (b) is covered by a participation exemption under section 94C, 94D, 94E or 94F 2 Parenting payment The person qualifies under subsection 500(1) and either: (a) is required, under paragraph 500(1)(c) or (ca), to meet participation requirements under section 500A; or (b) is covered by a participation exemption under Division 3A of Part 2.10 3 Youth allowance The person qualifies under section 540 and either: (a) is required, under subparagraph 540(a)(i), to satisfy the activity test under Subdivision B of Division 1 of Part 2.11; or (b) is covered by an exemption from the activity test under Subdivision C of that Division However, a person who satisfies the activity test under paragraph 541(1)(a) (those undertaking full‑time study) is not covered 4 Jobseeker payment The person qualifies under subsection 593(1) or (4) and either: (a) is required, under subparagraph 593(1)(b)(i), to satisfy the activity test in Subdivision B of Division 1 of Part 2.12; or (b) is not required to satisfy the activity test under that Subdivision because the person is covered by another provision in that Subdivision or by Subdivision BA of that Division 5 Any other income support payment The person is in a class of persons determined by the Minister under subsection (2) (2) The Minister may, by legislative instrument, determine a class of persons for the purposes of column 3 of item 5 of the table in subsection (1). Subdivision B—Payability 661C Remote engagement program payment not payable in specified circumstances (1) A remote engagement program payment is not payable to a person in the circumstances (if any) specified by a legislative instrument made under subsection (2). (2) The Minister may, by legislative instrument, specify circumstances in which a remote engagement program payment is not payable to a person. 661D Time limits on payability of remote engagement program payment (1) A remote engagement program payment is not payable to a person who has received a remote engagement program payment for a continuous period of 104 weeks starting at the start time. (2) A remote engagement program payment is not payable to a person in respect of any period starting on or after 1 July 2024. Division 2—Rate of remote engagement program payment 661E Remote engagement program payment—determination of rate (1) Subject to subsection (3), the rate of a person's remote engagement program payment is the rate determined in accordance with a legislative instrument (if any) made under subsection (2). (2) The Minister may, by legislative instrument, determine the rate of payment of a remote engagement program payment. (3) The rate per fortnight of a remote engagement program payment must be: (a) not less than $100; and (b) not more than $190. Division 3—Miscellaneous matters 661F Effect of undertaking activities under the remote engagement program A person is not taken to be any of the following merely because the person undertakes an activity in accordance with a remote engagement placement under the remote engagement program: (a) a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011; (b) an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988; (c) an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992; (d) an employee for the purposes of the Fair Work Act 2009. Social Security (Administration) Act 1999 8 After section 12AF Insert: 12AG Remote engagement program payment A claim is not required for a remote engagement program payment. Part 2—Contingent amendments relating to remote engagement program payment Social Security Act 1991 9 Subsection 661B(1) (table) Repeal the table, substitute: Remote engagement program payment—qualifying remote income support payments Column 1 Column 2 Column 3 Item Kind of payment Circumstances 1 Disability support pension The person qualifies under subsection 94(1) and either: (a) is required, under paragraph 94(1)(da), to meet participation requirements under section 94A; or (b) is covered by a participation exemption under section 94C, 94D, 94E or 94F 2 Parenting payment The person qualifies under subsection 500(1) and either: (a) is covered by paragraph 500(1)(c) and satisfies subsection 500(2A); or (b) is covered by paragraph 500(1)(ca) and satisfies subsection 500(2B) 3 Youth allowance The person qualifies under subsection 540(1) and either: (a) is exempt, under subparagraph 540(1)(a)(ia), from undertaking full‑time study but satisfies the Secretary that the person would otherwise be undertaking full‑time study; or (b) is covered by subparagraph 540(1)(a)(ib) and satisfies subsection 540(2) 4 Jobseeker payment The person qualifies under subsection 593(1) or (4) 5 Any other income support payment The person is in a class of persons determined by the Minister under subsection (2) Part 3—Main amendments relating to the end of the CDEP Scheme Age Discrimination Act 2004 10 Subsection 41(3) Repeal the subsection. Social Security Act 1991 11 Subsection 17(1) (subparagraph (m)(ii) of the definition of compensation affected payment) Omit "applies; or", substitute "applies.". 12 Subsection 17(1) (paragraph (n) of the definition of compensation affected payment) Repeal the paragraph. 13 Subsection 19D(4) Repeal the subsection. 14 Subsection 23(1) Repeal the following definitions: (a) definition of CDEPManager; (b) definition of CDEP Scheme; (c) definition of CDEP Scheme participant; (d) definition of CDEP Scheme payment; (e) definition of CDEP Scheme provider; (f) definition of CDEP Scheme quarter; (g) definition of Northern Territory CDEP transition payment. 15 Subsection 23(1) (paragraph (b) of the definition of social security recipient status) Omit "veteran payment;", substitute "veteran payment.". 16 Subsection 23(1) (definition of social security recipient status) Omit "and includes status held on or after 20 March 2000 as a CDEP Scheme participant receiving the CDEP Scheme Participant Supplement.". 17 Subsection 23(1) (definition of transition day) Repeal the definition. 18 Sections 408CG and 408GI Repeal the sections. 19 Paragraph 500E(1)(c) Omit "except where the person is a CDEP Scheme participant in respect of the period,". 20 Section 500W Repeal the section. 21 Subdivision C of Division 4 of Part 2.10 Repeal the Subdivision. 22 Subdivision D of Division 9 of Part 2.10 Repeal the Subdivision. 23 Paragraph 546(1)(c) Omit "except where the person is a CDEP Scheme participant in respect of the period,". 24 Sections 552C, 559J and 567F Repeal the sections. 25 Subsection 578(3) Repeal the subsection. 26 Paragraph 593(1)(a) Repeal the paragraph (including the note), substitute: (a) the person satisfies the Secretary that: (i) throughout the period the person is unemployed; or (ii) subsection (1A) applies in relation to the person for the period; and 27 Section 598 Omit "subparagraph 593(1)(a)(iii)" (wherever occurring), substitute "subparagraph 593(1)(a)(ii)". 28 Paragraph 600(1)(c) Omit "except where the person is a CDEP Scheme participant in respect of the period,". 29 Sections 614A, 653A, 660LG, 771HK and 771KN Repeal the sections. 30 Subdivision D of Division 9 of Part 2.15A Repeal the Subdivision. 31 Subsection 1049(2) Omit "or a CDEP Scheme Participant Supplement". 32 Paragraph 1061EM(2)(b) Repeal the paragraph. 33 Subsection 1061EN(1) Omit "(1) For", substitute "For". 34 Subsections 1061EN(2) and 1061EX(7) Repeal the subsections. 35 Subsection 1061JU(1) Omit "Subject to subsection (2), the", substitute "The". 36 Subsections 1061JU(2) and (3) Repeal the subsections. 37 Part 2.27 Repeal the Part. 38 Point 1067G‑A1 (method statement, paragraph (c) of step 14) Omit "except where the person is a CDEP Scheme participant in respect of the whole or a part of the period for which the rate of allowance is being worked out,". 39 Point 1067G‑B1 Omit "other than a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out". 40 Point 1067G‑B1 Omit "The maximum basic rate of a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out is nil (see section 552C).". 41 Point 1068‑A1 (method statement, paragraph (c) of step 7) Omit "except where the person is a CDEP Scheme participant in respect of the whole or a part of the period for which the rate of benefit is being worked out,". 42 Point 1068‑B1 Omit "other than a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out". 43 Point 1068‑B1 Omit "The maximum basic rate of a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out is nil (see sections 408CG, 614A, 660YCH and 771HK).". 44 Points 1068B‑A2 and 1068B‑A3 (method statement, step 7) Omit ", except where the person is a CDEP Scheme participant in respect of the whole or part of the period for which the rate of payment is being worked out,". 45 Point 1068B‑C2 Omit "If a person is not a CDEP Scheme participant in respect of the whole or part of the period for which the rate of payment is being worked out, the person's", substitute "A person's". 46 Point 1068B‑C3 Repeal the point. 47 Subsection 1161(6A) Omit ", (m) or (n)", substitute "or (m)". 48 Paragraph 1161A(1)(a) Omit ", (m) or (n)", substitute "or (m)". 49 Part 3.15A Repeal the Part. Social Security (Administration) Act 1999 50 Paragraph 52(1)(k) Omit "benefit;", substitute "benefit.". 51 Paragraph 52(1)(l) Repeal the paragraph. 52 Section 123TC (paragraph (r) of the definition of category I welfare payment) Repeal the paragraph. 53 Paragraph 144(daa) Repeal the paragraph. 54 Subclause 1(1) of Schedule 1 (paragraph (j) of the definition of social security periodic payment) Repeal the paragraph. Part 4—Contingent amendments relating to the end of the CDEP Scheme Social Security Act 1991 55 Paragraph 540(a) Repeal the paragraph, substitute: (a) throughout the period the person satisfies the activity test (see Subdivision B) or is not required to satisfy the activity test (see Subdivision C); and 56 Paragraph 593(1)(b) Omit "in the case of a person to whom subparagraph (a)(i) or (iii) applies—". 57 Paragraph 602D(a) Omit "subparagraph 593(1)(a)(iii)", substitute "subparagraph 593(1)(a)(ii)". Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Social Security Legislation Amendment (Remote Engagement Program) Act 2021 123, 2021 2 Dec 2021 Sch 1 (items 1–9): 2 June 2022 (s 2(1) items 2, 3) Remainder: 3 Dec 2021 (s 2(1) items 1, 4, 5) Endnote 4—Amendment history Provision affected How affected s 2..................... ed C1 Endnote 5—Editorial changes In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003. Kind of editorial change Updates to references of a law or a provision Details of editorial change This compilation was editorially changed to update references from the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2021 to the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022 (wherever occurring).