Social Services and Other Legislation Amendment (Coronavirus and Other Measures) Act 2020 (Cth)

Social Services and Other Legislation Amendment (Coronavirus and Other Measures) Act 2020 No. 97, 2020 An Act to amend the law relating to social security, family assistance, paid parental leave, child support and veterans' entitlements, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Additional economic support payments Part 1—Family assistance amendments A New Tax System (Family Assistance) Act 1999 A New Tax System (Family Assistance) (Administration) Act 1999 Part 2—Social security amendments Social Security Act 1991 Social Security (Administration) Act 1999 Part 3—Veterans' amendments Veterans' Entitlements Act 1986 Part 4—Taxation amendments Income Tax Assessment Act 1997 Schedule 2—Youth allowance independence and paid work concession Social Security Act 1991 Schedule 3—Youth allowance independence and agricultural work Social Security Act 1991 Schedule 4—Paid parental leave work test period Paid Parental Leave Act 2010 Schedule 5—Stillborn baby payment and infant death payment A New Tax System (Family Assistance) Act 1999 Schedule 6—Child support Child Support (Assessment) Act 1989 Social Services and Other Legislation Amendment (Coronavirus and Other Measures) Act 2020 No. 97, 2020 An Act to amend the law relating to social security, family assistance, paid parental leave, child support and veterans' entitlements, and for related purposes [Assented to 13 November 2020] The Parliament of Australia enacts: 1 Short title This Act is the Social Services and Other Legislation Amendment (Coronavirus and Other Measures) Act 2020. 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 this Act receives the Royal Assent. 13 November 2020 2. Schedule 1 The day after this Act receives the Royal Assent. 14 November 2020 3. Schedule 2 The later of: 1 January 2021 (a) 1 January 2021; and (paragraph (a) applies) (b) the day after this Act receives the Royal Assent. 4. Schedules 3 and 4 The day after this Act receives the Royal Assent. 14 November 2020 5. Schedule 5 The later of: 1 January 2021 (a) 1 January 2021; and (paragraph (a) applies) (b) the day after this Act receives the Royal Assent. 6. Schedule 6 The day after this Act receives the Royal Assent. 14 November 2020 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—Additional economic support payments Part 1—Family assistance amendments A New Tax System (Family Assistance) Act 1999 1 Subsection 3(1) Insert: additional economic support payment 2020 means a payment to which an individual is entitled under Division 1 of Part 10. additional economic support payment 2021 means a payment to which an individual is entitled under Division 2 of Part 10. 2 After Part 9 Insert: Part 10—Additional economic support payments Division 1—Additional economic support payment 2020 117 When is an individual entitled to an additional economic support payment 2020? An individual is entitled to an additional economic support payment 2020 if: (a) subsection 123(2), (3) or (4) applies to the individual on 27 November 2020; and (b) the individual does not receive an income support payment (within the meaning of the Social Security Act 1991) in respect of 27 November 2020; and (c) the individual does not receive a payment under a prescribed educational scheme in respect of 27 November 2020; and (d) the individual is residing in Australia on 27 November 2020. 118 What is the amount of the payment? The amount of an individual's additional economic support payment 2020 under this Division is $250. 119 More than one entitlement (1) If, at the time the Secretary determines whether an individual is entitled to an additional economic support payment 2020 under this Division, 2 or more of subsections 123(2), (3) and (4) would otherwise apply to the individual on 27 November 2020, then: (a) the first of those subsections applies to the individual on 27 November 2020; and (b) none of the others apply to the individual on 27 November 2020. Note: For the purposes of sections 65JC (payment) and 72A (debts) of the Family Assistance Administration Act, it is necessary to know which subsection of section 123 of this Act applies. (2) If: (a) an additional economic support payment 2020 under Division 1 of Part 2.6C of the Social Security Act 1991; or (b) an additional economic support payment 2020 under Division 1 of Part IIIJ of the Veterans' Entitlements Act 1986; is paid to an individual, no payment under this Division can be paid to the individual. Division 2—Additional economic support payment 2021 120 When is an individual entitled to an additional economic support payment 2021? An individual is entitled to an additional economic support payment 2021 if: (a) subsection 123(2), (3) or (4) applies to the individual on 26 February 2021; and (b) the individual does not receive an income support payment (within the meaning of the Social Security Act 1991) in respect of 26 February 2021; and (c) the individual does not receive a payment under a prescribed educational scheme in respect of 26 February 2021; and (d) the individual is residing in Australia on 26 February 2021. 121 What is the amount of the payment? The amount of an individual's additional economic support payment 2021 under this Division is $250. 122 More than one entitlement (1) If, at the time the Secretary determines whether an individual is entitled to an additional economic support payment 2021 under this Division, 2 or more of subsections 123(2), (3) and (4) would otherwise apply to the individual on 26 February 2021, then: (a) the first of those subsections applies to the individual on 26 February 2021; and (b) none of the others apply to the individual on 26 February 2021. Note: For the purposes of sections 65JD (payment) and 72A (debts) of the Family Assistance Administration Act, it is necessary to know which subsection of section 123 of this Act applies. (2) If: (a) an additional economic support payment 2021 under Division 2 of Part 2.6C of the Social Security Act 1991; or (b) an additional economic support payment 2021 under Division 2 of Part IIIJ of the Veterans' Entitlements Act 1986; is paid to an individual, no payment under this Division can be paid to the individual. Division 3—Eligibility 123 Eligibility (1) This section applies for the purposes of paragraphs 117(a) and 120(a). (2) This subsection applies to an individual on a day if: (a) in relation to that day, a determination under section 16 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; and (b) the rate of family tax benefit payable under the determination in relation to that day consists of or includes a Part A or Part B rate greater than nil. (3) This subsection applies to an individual on a day if: (a) in relation to that day, a determination under section 17 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; and (b) the rate of family tax benefit payable under the determination in relation to that day consists of or includes a Part A or Part B rate greater than nil; and (c) the determination is made as a result of a claim made in: (i) the income year in which that day occurs; or (ii) either of the next 2 income years. (4) This subsection applies to an individual on a day if: (a) in relation to that day, a determination under section 18 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; and (b) the rate of family tax benefit payable under the determination in relation to that day consists of or includes a Part A or Part B rate greater than nil; and (c) the determination is made as a result of a claim made in: (i) the income year in which that day occurs; or (ii) a later income year. A New Tax System (Family Assistance) (Administration) Act 1999 3 After Division 4DA of Part 3 Insert: Division 4DB—Additional economic support payments 65JC Payment of additional economic support payment 2020 (1) If an individual is entitled to an additional economic support payment 2020, the Secretary must, subject to subsection (2), pay the payment to the individual in a single lump sum: (a) on the date, occurring on or after 27 November 2020, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and (b) in such manner as the Secretary considers appropriate. Note: The individual does not have to make a claim for the payment. (2) The Secretary must not pay the payment on or after 1 July 2023 if the individual is entitled to the payment because subsection 123(2) or (4) of the Family Assistance Act applies to the individual on 27 November 2020. 65JD Payment of additional economic support payment 2021 (1) If an individual is entitled to an additional economic support payment 2021, the Secretary must, subject to subsection (2), pay the payment to the individual in a single lump sum: (a) on the date, occurring on or after 26 February 2021, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and (b) in such manner as the Secretary considers appropriate. Note: The individual does not have to make a claim for the payment. (2) The Secretary must not pay the payment on or after 1 July 2023 if the individual is entitled to the payment because subsection 123(2) or (4) of the Family Assistance Act applies to the individual on 26 February 2021. 4 At the end of subsection 66(1) Add: ; (m) additional economic support payment 2020; (n) additional economic support payment 2021. 5 Section 70 Omit "or 2020 economic support payment", substitute ", 2020 economic support payment, additional economic support payment 2020 or additional economic support payment 2021". 6 After section 72 Insert: 72A Debts arising in respect of additional economic support payment (1) This section applies in relation to an individual who has been paid an additional economic support payment 2020 or additional economic support payment 2021 because subsection 123(2), (3) or (4) of the Family Assistance Act applied to the individual on a day. (2) If: (a) after the payment was paid to the individual, the determination mentioned in that subsection of the Family Assistance Act, at least so far as the determination relates to that day, is or was (however described) changed, revoked, set aside or superseded by another determination; and (b) the decision to change, revoke, set aside or supersede the determination is or was made for the reason, or for reasons including the reason, that the individual knowingly made a false or misleading statement, or knowingly provided false information; and (c) had the change, revocation, setting aside or superseding occurred on or before that day, the payment would not have been paid; the amount of the payment is a debt due to the Commonwealth by the individual. 7 Paragraph 74(a) Omit "or 2020 economic support payment", substitute ", 2020 economic support payment, additional economic support payment 2020 or additional economic support payment 2021". 8 Subsection 93A(6) (at the end of the definition of family assistance payment) Add: ; or (i) a payment of additional economic support payment 2020; or (j) a payment of additional economic support payment 2021. 9 Subsections 106(3) and 109D(4) Omit "or 2020 economic support payment", substitute ", 2020 economic support payment, additional economic support payment 2020 or additional economic support payment 2021". 10 Paragraph 109D(5)(a) Omit "or 2020 economic support payment", substitute ", 2020 economic support payment, additional economic support payment 2020 or additional economic support payment 2021". 11 Section 219TA (at the end of the definition of relevant benefit) Add: ; or (o) additional economic support payment 2020; or (p) additional economic support payment 2021. Part 2—Social security amendments Social Security Act 1991 12 Paragraph 8(8)(jaa) Omit "or second 2020 economic support payment", substitute ", second 2020 economic support payment, additional economic support payment 2020 or additional economic support payment 2021". 13 After paragraph 8(8)(yn) Insert: (yo) an additional economic support payment 2020 under Division 1 of Part IIIJ of the Veterans' Entitlements Act; (yp) an additional economic support payment 2021 under Division 2 of Part IIIJ of the Veterans' Entitlements Act; 14 After paragraph 23(4AA)(ac) Insert: (ad) paragraph 313(2)(a); 15 After Part 2.6B Insert: Part 2.6C—Additional economic support payments Division 1—Additional economic support payment 2020 309 Additional economic support payment 2020 Qualification for payment (1) A person is qualified for an additional economic support payment 2020 if: (a) subsection 313(2), (3) or (4) applies to the person on 27 November 2020; and (b) the person is residing in Australia on 27 November 2020. More than one entitlement (2) A person may receive one payment only under this Division, regardless of how many times the person qualifies under this section. (3) If: (a) an additional economic support payment 2020 under Division 1 of Part 10 of the Family Assistance Act; or (b) an additional economic support payment 2020 under Division 1 of Part IIIJ of the Veterans' Entitlements Act; is paid to a person, no payment under this Division can be paid to the person. 310 Amount of additional economic support payment 2020 The amount of a person's additional economic support payment 2020 under this Division is $250. Division 2—Additional economic support payment 2021 311 Additional economic support payment 2021 Qualification for payment (1) A person is qualified for an additional economic support payment 2021 if: (a) subsection 313(2), (3) or (4) applies to the person on 26 February 2021; and (b) the person is residing in Australia on 26 February 2021. More than one entitlement (2) A person may receive one payment only under this Division, regardless of how many times the person qualifies under this section. (3) If: (a) an additional economic support payment 2021 under Division 2 of Part 10 of the Family Assistance Act; or (b) an additional economic support payment 2021 under Division 2 of Part IIIJ of the Veterans' Entitlements Act; is paid to a person, no payment under this Division can be paid to the person. 312 Amount of additional economic support payment 2021 The amount of a person's additional economic support payment 2021 under this Division is $250. Division 3—Eligibility 313 Eligibility (1) This section applies for the purposes of paragraphs 309(1)(a) and 311(1)(a). Social security payments (2) This subsection applies to a person on a day if: (a) the following apply: (i) the person receives age pension, disability support pension or carer payment in respect of that day; (ii) the person does not receive a payment under a prescribed educational scheme in respect of that day; or (b) the following apply: (i) the person receives carer allowance in respect of that day; (ii) the person does not receive an income support payment in respect of that day; (iii) the person does not receive a payment under a prescribed educational scheme in respect of that day; or (c) the following apply: (i) person receives double orphan pension in respect of that day; (ii) the person does not receive an income support payment in respect of that day; (iii) the person does not receive a payment under a prescribed educational scheme in respect of that day. Seniors health card (3) This subsection applies to a person on a day if: (a) the following apply: (i) the person is the holder of a seniors health card on that day; (ii) the person does not receive a payment under a prescribed educational scheme in respect of that day; or (b) the following apply: (i) the person makes a claim for a seniors health card under Division 1 of Part 3 of the Administration Act on or before that day; (ii) the claim is pending on that day; (iii) the person is qualified for the card on that day; (iv) the person does not receive a payment under a prescribed educational scheme in respect of that day. Pensioner concession card (4) This subsection applies to a person on a day if: (a) the person is qualified for a pensioner concession card on that day; and (b) the person does not receive an income support payment in respect of that day; and (c) the person does not receive a payment under a prescribed educational scheme in respect of that day. 16 Subsection 1222(2) (after table item 4J) Insert: 4K 1223ABK deductions 1231, 1234A (debts in respect of additional economic support payment 2020) legal proceedings 1232 garnishee notice 1233 repayment by instalments 1234 4L 1223ABL deductions 1231, 1234A (debts in respect of additional economic support payment 2021) legal proceedings 1232 garnishee notice 1233 repayment by instalments 1234 17 After section 1223ABJ Insert: 1223ABK Debts in respect of additional economic support payment 2020 (1) If: (a) an additional economic support payment 2020 under Division 1 of Part 2.6C is paid to a person; and (b) after the payment is paid to the person, an underlying determination in relation to the person, at least so far as it relates to: (i) 27 November 2020; or (ii) a period that includes 27 November 2020; is or was (however described) changed, revoked, set aside or superseded by another determination; and (c) the decision to change, revoke, set aside or supersede the underlying determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information; and (d) had the change, revocation, setting aside or superseding occurred on or before 27 November 2020, the additional economic support payment 2020 would not have been paid; the amount of the additional economic support payment 2020 is a debt due to the Commonwealth by the person. (2) For the purposes of this section, an underlying determination in relation to a person is a determination made under Part 3 of the Administration Act because of which a payment mentioned in subsection 313(2) of this Act was payable to the person. (3) If: (a) an additional economic support payment 2020 under Division 1 of Part 2.6C is paid to a person; and (b) the person qualified for the payment because of subsection 313(3) applying to the person in relation to having made a claim for a seniors health card; and (c) the person knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and (d) the additional economic support payment 2020 would not have been paid to the person but for that statement or information; the amount of the additional economic support payment 2020 is a debt due to the Commonwealth by the person. (4) Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to an additional economic support payment 2020 under Division 1 of Part 2.6C. 1223ABL Debts in respect of additional economic support payment 2021 (1) If: (a) an additional economic support payment 2021 under Division 2 of Part 2.6C is paid to a person; and (b) after the payment is paid to the person, an underlying determination in relation to the person, at least so far as it relates to: (i) 26 February 2021; or (ii) a period that includes 26 February 2021; is or was (however described) changed, revoked, set aside or superseded by another determination; and (c) the decision to change, revoke, set aside or supersede the underlying determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information; and (d) had the change, revocation, setting aside or superseding occurred on or before 26 February 2021, the additional economic support payment 2021 would not have been paid; the amount of the additional economic support payment 2021 is a debt due to the Commonwealth by the person. (2) For the purposes of this section, an underlying determination in relation to a person is a determination made under Part 3 of the Administration Act because of which a payment mentioned in subsection 313(2) of this Act was payable to the person. (3) If: (a) an additional economic support payment 2021 under Division 2 of Part 2.6C is paid to a person; and (b) the person qualified for the payment because of subsection 313(3) applying to the person in relation to having made a claim for a seniors health card; and (c) the person knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and (d) the additional economic support payment 2021 would not have been paid to the person but for that statement or information; the amount of the additional economic support payment 2021 is a debt due to the Commonwealth by the person. (4) Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to an additional economic support payment 2021 under Division 2 of Part 2.6C. Social Security (Administration) Act 1999 18 After section 12AE Insert: 12AF Additional economic support payments A claim is not required for: (a) an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or (b) an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act. 19 Subsection 47(1) (after paragraph (gh) of the definition of lump sum benefit) Insert: (gi) additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or (gj) additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act; or 20 After section 47AF Insert: 47AG Payment of additional economic support payment 2020 (1) If a person is qualified for an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a single lump sum: (a) on the date, occurring on or after 27 November 2020, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and (b) in such manner as the Secretary considers appropriate. (2) The Secretary must not pay the payment on or after 1 July 2023. 47AH Payment of additional economic support payment 2021 (1) If a person is qualified for an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a single lump sum: (a) on the date, occurring on or after 26 February 2021, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and (b) in such manner as the Secretary considers appropriate. (2) The Secretary must not pay the payment on or after 1 July 2023. 21 Section 123TC Insert: additional economic support payment means: (a) an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or (b) an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act; or (c) an additional economic support payment 2020 under Division 1 of Part 10 of the Family Assistance Act; or (d) an additional economic support payment 2021 under Division 2 of Part 10 of the Family Assistance Act. 22 Subdivision DB of Division 5 of Part 3B (heading) Repeal the heading, substitute: Subdivision DB—Economic support payments, economic security strategy payments and household stimulus payments 23 After section 123XPBA Insert: 123XPBB Deductions from additional economic support payments Scope (1) This section applies if: (a) a person is subject to the income management regime; and (b) an additional economic support payment is payable to the person. Deductions from additional economic support payments (2) The following provisions have effect: (a) the Secretary must deduct from the additional economic support payment the deductible portion of the payment; (b) an amount equal to the deductible portion of the payment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the payment is credited to the person's income management account. (3) For the purposes of subsection (2), the deductible portion of an additional economic support payment is 100% of the amount of the payment. 24 Subsection 124PD(1) (after subparagraph (a)(viif) of the definition of restrictable payment) Insert: (viig) an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or (viih) an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act; or (viij) an additional economic support payment 2020 under Division 1 of Part 10 of the Family Assistance Act; or (viik) an additional economic support payment 2021 under Division 2 of Part 10 of the Family Assistance Act; or Part 3—Veterans' amendments Veterans' Entitlements Act 1986 25 Paragraph 5H(8)(paa) Omit "or second 2020 economic support payment", substitute ", second 2020 economic support payment, additional economic support payment 2020 or additional economic support payment 2021". 26 After paragraph 5H(8)(zzam) Insert: (zzan) an additional economic support payment 2020 under Division 1 of Part IIIJ; (zzao) an additional economic support payment 2021 under Division 2 of Part IIIJ; 27 After Part IIIH Insert: Part IIIJ—Additional economic support payments Division 1—Additional economic support payment 2020 67ZC Additional economic support payment 2020 Eligibility (1) A person is eligible for an additional economic support payment 2020 if: (a) Division 3 applies to the person on 27 November 2020; and (b) the person does not receive a social security benefit in respect of 27 November 2020; and (c) the person does not receive a social security pension in respect of 27 November 2020; and (d) the person does not receive a payment under a prescribed educational scheme (within the meaning of the Social Security Act 1991) in respect of 27 November 2020; and (e) the person is residing in Australia on 27 November 2020. Amount of payment (2) The amount of a person's additional economic support payment 2020 under this Division is $250. 67ZD More than one entitlement (1) A person may receive one payment only under this Division, regardless of how many times the person becomes eligible under section 67ZC. (2) If: (a) an additional economic support payment 2020 under Division 1 of Part 10 of the Family Assistance Act; or (b) an additional economic support payment 2020 under Division 1 of Part 2.6C of the Social Security Act; is paid to a person, no payment under this Division can be paid to the person. 67ZE Claim not required for additional economic support payment 2020 A claim is not required for an additional economic support payment 2020 under this Division. 67ZF Payment of additional economic support payment 2020 (1) If a person is eligible for an additional economic support payment 2020 under this Division, the Commission must, subject to subsection (2), pay the payment to the person in a single lump sum: (a) on the date, occurring on or after 27 November 2020, that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and (b) in such manner as the Commission considers appropriate. (2) The Commission must not pay the payment on or after 1 July 2023. Division 2—Additional economic support payment 2021 67ZG Additional economic support payment 2021 Eligibility (1) A person is eligible for an additional economic support payment 2021 if: (a) Division 3 applies to the person on 26 February 2021; and (b) the person does not receive a social security benefit in respect of 26 February 2021; and (c) the person does not receive a social security pension in respect of 26 February 2021; and (d) the person does not receive a payment under a prescribed educational scheme (within the meaning of the Social Security Act 1991) in respect of 26 February 2021; and (e) the person is residing in Australia on 26 February 2021. Amount of payment (2) The amount of a person's additional economic support payment 2021 under this Division is $250. 67ZH More than one entitlement (1) A person may receive one payment only under this Division, regardless of how many times the person becomes eligible under section 67ZG. (2) If: (a) an additional economic support payment 2021 under Division 2 of Part 10 of the Family Assistance Act; or (b) an additional economic support payment 2021 under Division 2 of Part 2.6C of the Social Security Act; is paid to a person, no payment under this Division can be paid to the person. 67ZI Claim not required for additional economic support payment 2021 A claim is not required for an additional economic support payment 2021 under this Division. 67ZJ Payment of additional economic support payment 2021 (1) If a person is eligible for an additional economic support payment 2021 under this Division, the Commission must, subject to subsection (2), pay the payment to the person in a single lump sum: (a) on the date, occurring on or after 26 February 2021, that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and (b) in such manner as the Commission considers appropriate. (2) The Commission must not pay the payment on or after 1 July 2023. Division 3—Eligibility 67ZK Purpose of this Division This Division applies for the purposes of paragraphs 67ZC(1)(a) and 67ZG(1)(a). 67ZL Payments under this Act Service pension or income support supplement (1) This Division applies to a person on a day if service pension or income support supplement is payable to the person on that day. (2) For the purposes of subsection (1), and without limiting that subsection, service pension or income support supplement is taken to