Social Services and Other Legislation Amendment (More Support in the Safety Net) Act 2024 (Cth)

Social Services and Other Legislation Amendment (More Support in the Safety Net) Act 2024 No. 66, 2024 An Act to amend the law relating to social security, family assistance and veteran entitlements, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Increased support for Commonwealth rent assistance recipients A New Tax System (Family Assistance) Act 1999 Social Security Act 1991 Veterans' Entitlements Act 1986 Schedule 2—Increasing jobseeker payments for certain recipients who have a partial capacity to work Social Security Act 1991 Schedule 3—Providing flexibility to carers Social Security Act 1991 Social Security (Administration) Act 1999 Social Services and Other Legislation Amendment (More Support in the Safety Net) Act 2024 No. 66, 2024 An Act to amend the law relating to social security, family assistance and veteran entitlements, and for related purposes [Assented to 9 July 2024] The Parliament of Australia enacts: 1 Short title This Act is the Social Services and Other Legislation Amendment (More Support in the Safety Net) Act 2024. 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. The whole of this Act The day this Act receives the Royal Assent. 9 July 2024 Note: This table relates only to the provisions of this Act as originally enacted.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in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Increased support for Commonwealth rent assistance recipients A New Tax System (Family Assistance) Act 1999 1 Subparagraph 38C(1)(f)(i) of Schedule 1 Omit "$4,807.05", substitute "$5,000.50". 2 Subparagraph 38C(1)(f)(ii) of Schedule 1 Omit "$7,102.90", substitute "$7,391.25". 3 Subparagraphs 38C(1)(f)(iii) and (iv) of Schedule 1 Omit "$4,807.05", substitute "$5,000.50". 4 Subparagraph 38C(1)(fa)(i) of Schedule 1 Omit "$3,657.30", substitute "$3,803.30". 5 Subparagraph 38C(1)(fa)(ii) of Schedule 1 Omit "$5,945.85", substitute "$6,186.75". 6 Subparagraphs 38C(1)(fa)(iii) and (iv) of Schedule 1 Omit "$3,657.30", substitute "$3,803.30". 7 Clause 38D of Schedule 1 (table) Repeal the table, substitute: Rent assistance payable to individual who has at least one FTB child and who is not a relevant shared carer (Part A—Method 1) Column 1 Column 2 Column 3 Family situation Rate A Rate B Column 3A Column 3B 1 or 2 rent assistance children 3 or more rent assistance children 1 Not member of a couple $6,343.70 $7,168.60 2 Member of a couple other than a person who is partnered (partner in gaol) or a member of an illness separated couple, a respite care couple or a temporarily separated couple $6,343.70 $7,168.60 3 Person who is partnered (partner in gaol) or a member of an illness separated couple or a respite care couple $6,343.70 $7,168.60 4 Member of a temporarily separated couple $6,343.70 $7,168.60 8 Clause 38E of Schedule 1 (table) Repeal the table, substitute: Rent assistance payable to individual who is a relevant shared carer or who has only one or more regular care children (Part A—Method 1 or 3) Column 1 Column 2 Column 3 Family situation Rate A Rate B 1 Not member of a couple $5,431.20 2 Member of a couple other than a person who is partnered (partner in gaol) or a member of an illness separated couple, a respite care couple or a temporarily separated couple $5,099.05 3 Person who is partnered (partner in gaol) or a member of an illness separated couple or a respite care couple $5,431.20 4 Member of a temporarily separated couple $5,099.05 Social Security Act 1991 9 Subsection 1070L(2) (table) Repeal the table, substitute: Rate of rent assistance Column 1 Column 2 Column 3 Column 4 Item Person's family situation Rate A Rate B 1 Not a member of a couple $207.00 2 Partnered and partner does not have rent increased pension $195.00 3 Partnered and partner: Half the rate specified in column 4 of item 2 (a) is receiving a social security pension; and (b) has rent increased pension 4 Partnered and partner: Half the rate specified in column 4 of item 2 (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) does not have a dependent child or dependent children 5 Partnered and partner: $122.40 (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 1 or 2 dependent children 6 Partnered and partner: $137.20 (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 3 or more dependent children 7 Partnered—member of an illness separated couple $207.00 8 Partnered—member of a respite care couple $207.00 9 Partnered—member of a temporarily separated couple $195.00 10 Partnered (partner in gaol) $207.00 10 Subsection 1070M(2) (table) Repeal the table, substitute: Rate of rent assistance Column 1 Column 2 Column 3 Item Rate A Rate B 1 $207.00 11 Subsection 1070N(2) (table) Repeal the table, substitute: Rate of rent assistance Column 1 Column 2 Column 3 Column 4 Item Person's family situation Rate A Rate B 1 Not a member of a couple and: $207.00 (a) in disability accommodation; or (b) independent 2 Partnered and partner does not have rent increased pension $195.00 3 Partnered and partner: Half the rate specified in column 4 of item 2 (a) is receiving a social security pension; and (b) has rent increased pension 4 Partnered and partner: Half the rate specified in column 4 of item 2 (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) does not have a dependent child or dependent children 5 Partnered and partner: $122.40 (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 1 or 2 dependent children 6 Partnered and partner: $137.20 (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 3 or more dependent children 7 Partnered—member of an illness separated couple $207.00 8 Partnered—member of a respite care couple $207.00 9 Partnered—member of a temporarily separated couple $195.00 10 Partnered (partner in gaol) $207.00 12 Subsection 1070P(2) (table) Repeal the table, substitute: Rate of rent assistance Column 1 Column 2 Column 3 Column 4 Item Person's family situation Rate A Rate B 1 Not a member of a couple and: $207.00 (a) in disability accommodation; or (b) living away from the person's parental home permanently or indefinitely 2 Partnered and partner does not have rent increased pension $195.00 3 Partnered and partner: Half the rate specified in column 4 of item 2 (a) is receiving a social security pension; and (b) has rent increased pension 4 Partnered and partner: Half the rate specified in column 4 of item 2 (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) does not have a dependent child or dependent children 5 Partnered and partner: $122.40 (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 1 or 2 dependent children 6 Partnered and partner: $137.20 (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 3 or more dependent children 7 Partnered—member of an illness separated couple $207.00 8 Partnered—member of a respite care couple $207.00 9 Partnered—member of a temporarily separated couple $195.00 10 Partnered (partner in gaol) $207.00 13 Subsection 1070Q(2) (table) Repeal the table, substitute: Rate of rent assistance Column 1 Column 2 Column 3 Column 4 Item Person's family situation Rate A Rate B 1 Not a member of a couple $207.00 2 Partnered—partner does not have rent increased benefit $195.00 3 Partnered—partner has rent increased benefit Half the rate specified in column 4 of item 2 4 Partnered—member of an illness separated couple $207.00 5 Partnered—member of a respite care couple $207.00 6 Partnered—member of a temporarily separated couple $195.00 7 Partnered (partner in gaol) $207.00 14 Subsection 1070R(2) (table) Repeal the table, substitute: Rate of rent assistance Column 1 Column 2 Column 3 Column 4 Item Person's family situation Rate of rent assistance Maximum rate 1 Partnered—partner does not have rent increased benefit $195.00 2 Partnered—partner has rent increased benefit Half the rate specified in column 4 of item 1 3 Partnered—member of an illness separated couple $207.00 4 Partnered—member of a respite care couple $207.00 5 Partnered—member of a temporarily separated couple $195.00 6 Partnered (partner in gaol) $207.00 15 Subsection 1070T(1) Omit "$140.40", substitute "$146.00". 16 Subsection 1070T(3) (example) Omit "$140.40" (wherever occurring), substitute "$146.00". Veterans' Entitlements Act 1986 17 Point SCH6‑C6 of Schedule 6 (table C‑1) Repeal the table (not including the notes), substitute: Table C‑1—Rent threshold rates Column 1 Column 2 Column 3 Column 4 Item Person's family situation Rate per year Rate per fortnight $ $ 1 Not a member of a couple 3,796.00 146.00 A member of an illness separated couple A member of a respite care couple Partnered—partner without a rent increased pension 2 Partnered—partner with a rent increased pension 3,075.80 118.30 18 Subpoint SCH6‑C8(1) of Schedule 6 (table C‑2) Repeal the table (not including the notes), substitute: Table C‑2—Rate of rent assistance Column 1 Column 2 Column 3 Column 4 Item Person's family situation Rate A Rate B $ $ 1 Not a member of a couple 5,382.00 A member of an illness separated couple A member of a respite care couple Partnered—partner without a rent increased pension 2 Partnered—partner with a rent increased pension 2,535.00 19 Application of amendments A New Tax System (Family Assistance) Act 1999 (1) The amendments of the A New Tax System (Family Assistance) Act 1999 made by this Schedule apply in relation to working out a person's Part A rate of family tax benefit for days occurring on or after 20 September 2024. (2) For the purposes of indexing an amount specified in a table of the A New Tax System (Family Assistance) Act 1999, as inserted by this Schedule, on 20 September 2024, the current figure for the amount immediately before 20 September 2024 is taken to be that specified amount. Social Security Act 1991 (3) The amendments of the Social Security Act 1991 made by this Schedule apply in relation to working out: (a) the rate of a person's social security payment for days occurring on or after 20 September 2024; and (b) the rate of a person's farm household allowance under the Farm Household Support Act 2014 for days occurring on or after 20 September 2024. (4) For the purposes of indexing an amount specified in subsection 1070T(1) of the Social Security Act 1991 as amended by this Schedule, or in a table of that Act as inserted by this Schedule, on 20 September 2024, the current figure for the amount immediately before 20 September 2024 is taken to be that specified amount. Veterans' Entitlements Act 1986 (5) The amendments of the Veterans' Entitlements Act 1986 made by this Schedule apply in relation to working out the rate of a person's service pension, income support supplement or veteran payment for days occurring on or after 20 September 2024. (6) For the purposes of indexing an amount specified in a table of Schedule 6 to the Veterans' Entitlements Act 1986, as inserted by this Schedule, on 20 September 2024, the current figure for the amount immediately before 20 September 2024 is taken to be that specified amount. Schedule 2—Increasing jobseeker payments for certain recipients who have a partial capacity to work Social Security Act 1991 1 Subsection 16B(3) Omit "or subsection (2),", substitute ", subsection (2) or point 1068‑B1AA,". 2 At the end of subsection 16B(3) Add: Note: Point 1068‑B1AA deals with a person who has a partial capacity to work that prevents the person from doing 15 hours per week of work independently of a program of support within the next 2 years. 3 At the end of subsection 16B(4) Add "or point 1068‑B1AA". 4 Point 1068‑B1 (table B) Repeal the table (not including the notes), substitute: Table B—Maximum basic rates Column 1 Column 2 Column 3 Rate Item Person's family situation Column 3A Column 3B Person with dependent child Person without dependent child 4A Not member of couple and: $816.90 $762.70 (a) person receives jobseeker payment; and (b) person has not turned 55; and (c) point 1068‑B1AA does not apply to person 4B Not member of couple and: $816.90 $762.70 (a) person receives jobseeker payment; and (b) person has turned 55; and (c) person has not been receiving one, or a combination, of social security pension or social security benefit or service pension, income support supplement or veteran payment for a continuous period of at least 9 months; and (d) point 1068‑B1AA does not apply to person 5 Not member of couple and: $816.90 $816.90 (a) person has turned 55; and (b) person has been receiving one, or a combination, of social security pension or social security benefit or service pension or income support supplement for a continuous period of at least 9 months; and (c) point 1068‑B1AA does not apply to person 6 Not member of couple and: $816.90 $816.90 (a) person receives jobseeker payment; and (b) point 1068‑B1AA applies to person 7 Partnered $698.30 $698.30 9 Member of illness separated couple $816.90 $816.90 11 Partnered (partner in gaol) $816.90 $816.90 5 After point 1068‑B1 Insert: Partial capacity to work—less than 15 hours per week of work 1068‑B1AA This point applies to a person if: (a) the person is receiving jobseeker payment; and (b) the person has a partial capacity to work because of an impairment; and (c) the Secretary is satisfied that: (i) the impairment of itself prevents the person from doing 15 hours per week of work independently of a program of support within the next 2 years; and (ii) no training activity (within the meaning of section 16B) is likely (because of the impairment) to enable the person to do 15 hours per week of work independently of a program of support within the next 2 years. Note 1: For partial capacity to work see section 16B. Note 2: In deciding whether the Secretary is satisfied, the Secretary must comply with any guidelines made by the Minister under section 16B (see subsection 16B(3)). 1068‑B1AB In point 1068‑B1AA, 15 hours per week of work means work: (a) that is for at least 15 hours per week on wages that are at or above the relevant minimum wage; and (b) that exists in Australia, even if not within the person's locally accessible labour market. 6 Point 1068‑C3 (table items 1 and 4, column headed "Recipient's family situation for maximum basic rate") After "5,", insert "6,". 7 Application of amendments (1) The amendments of the Social Security Act 1991 made by this Schedule apply in relation to working out the rate of a person's jobseeker payment for days occurring on or after 20 September 2024. (2) For the purposes of indexing an amount specified in table B in point 1068‑B1 of the Social Security Act 1991, as inserted by this Schedule, on 20 September 2024, the current figure for the amount immediately before 20 September 2024 is taken to be that specified amount. Schedule 3—Providing flexibility to carers Social Security Act 1991 1 After subsection 198AC(3B) Insert: Rule if limit on subsection (1), (1A) or (2) is exceeded (3C) If: (a) a person ceases to be qualified for carer payment because the person exceeds the limit set out in subsection (3) or (3A) in a calendar year; and (b) the person resumes providing care for the care receiver or care receivers on a day in the calendar year; the person: (c) is not precluded from qualifying again for carer payment in relation to that day or any later day in the calendar year for which the person provides care for the care receiver or care receivers merely because the person has exceeded the limit; but (d) is not qualified for carer payment on any later day in that calendar year when the person is not providing that care. Note: A person must also meet the other qualification requirements in order to qualify for carer payment. 2 Subsection 198AC(4) (heading) Omit "training etc.", substitute "paid work". 3 Paragraph 198AC(4)(b) Omit "training, education, unpaid voluntary work or paid employment", substitute "paid work". 4 Paragraph 198AC(4)(c) Omit "25 hours per week", substitute "a total of 100 hours over a 4 week period". 5 Subsection 198AC(5) (heading) Omit "training etc.", substitute "paid work". 6 Paragraph 198AC(5)(b) Omit "training, education, unpaid voluntary work or paid employment", substitute "paid work". 7 Paragraph 198AC(5)(c) Omit "25 hours per week", substitute "a total of 100 hours over a 4 week period". 8 After section 1061ZCA Insert: 1061ZCB Extended qualification rule: former recipient of carer payment Qualification (1) Subject to subsections (7) and (8), a person is qualified for a pensioner concession card for the period of 26 weeks starting on the day on which this section begins to apply to the person. Application—temporary cessation of care limit exceeded (2) Subject to subsection (5), this section applies to a person if: (a) the person has been receiving carer payment; and (b) the person temporarily ceases to provide care for a care receiver or care receivers (see section 198AC); and (c) the person ceases to be qualified for carer payment because of the occurrence of an event or change of circumstances that results in the temporary cessation of care exceeding the limit specified in: (i) subsection 198AC(3); or (ii) the definition of limit in subsection 198AC(3A); or (iii) paragraph 198AC(4)(c) or (5)(c); and (d) but for the occurrence of the event or change of circumstances, the person would still have been qualified for carer payment. Application—income reduced rate nil (3) Subject to subsection (5), this section applies to a person if: (a) the person has been receiving carer payment; and (b) carer payment ceases to be payable to the person because the rate of the person's payment is nil; and (c) the rate of the person's carer payment is nil because of the occurrence of an event or change of circumstances that results in the person's income reduced rate (see subsection (4)) being nil; and (d) but for the person's income reduced rate being nil, carer payment would have continued to be payable to the person; and (e) at the time of the cessation, the person's ordinary income (as used to work out the person's income reduced rate) includes income for paid work performed by the person in Australia. (4) For the purposes of subsection (3), a person's income reduced rate is the rate worked out at step 8 of the method statement in point 1064‑A1 in Module A of Pension Rate Calculator A. Residency requirement (5) This section only applies to a person while the person is residing in Australia. Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4). (6) H