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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services and Other Legislation
Amendment (Extension of Coronavirus
Support) Bill 2020
No. , 2020
(Social Services)
A Bill for an Act to amend the law relating to social
security, veterans' entitlements and farm household
support, and for related purposes
No. , 2020
Social Services and Other Legislation Amendment (Extension of
Coronavirus Support) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--COVID-19 supplement
3
Division 1--Amendments commencing 1 January 2021
3
Social Security Act 1991
3
Division 2--Amendments commencing 1 April 2021
3
Farm Household Support Act 2014
3
Social Security Act 1991
4
Part 2--Qualification for youth allowance or jobseeker
payment--coronavirus
6
Division 1--Amendments commencing 1 January 2021
6
Social Security Act 1991
6
Division 2--Amendments commencing 1 April 2021
6
Social Security Act 1991
6
Part 3--Liquid assets test waiting period and assets test
exemptions
7
Social Security Act 1991
7
Part 4--Modifications of the social security law
8
Social Security Act 1991
8
Part 5--Extending the period that a residence is the person's
principal home
12
Social Security Act 1991
12
Veterans' Entitlements Act 1986
13
Part 6--Continuation of Social Security (Coronavirus
Economic Response--2020 Measures No. 5)
Determination 2020
14
No. , 2020
Social Services and Other Legislation Amendment (Extension of
Coronavirus Support) Bill 2020
1
A Bill for an Act to amend the law relating to social
1
security, veterans' entitlements and farm household
2
support, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Social Services and Other Legislation Amendment
6
(Extension of Coronavirus Support) Act 2020
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Social Services and Other Legislation Amendment (Extension of
Coronavirus Support) Bill 2020
No. , 2020
1
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.
2. Schedule 1,
Part 1, Division 1
1 January 2021.
1 January 2021
3. Schedule 1,
Part 1, Division 2
1 April 2021.
1 April 2021
4. Schedule 1,
Part 2, Division 1
1 January 2021.
1 January 2021
5. Schedule 1,
Part 2, Division 2
1 April 2021.
1 April 2021
6. Schedule 1,
Part 3
1 January 2021.
1 January 2021
7. Schedule 1,
Parts 4 to 6
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
COVID-19 supplement
Part 1
No. , 2020
Social Services and Other Legislation Amendment (Extension of
Coronavirus Support) Bill 2020
3
Schedule 1--Amendments
1
Part 1--COVID-19 supplement
2
Division 1
--Amendments commencing 1 January 2021
3
Social Security Act 1991
4
1 Subsection 557(1)
5
Omit "and the person is not undertaking full-time study and is not a new
6
apprentice".
7
2 Application provision
8
The amendment made by this Division applies in relation to working
9
out if a person is qualified for youth allowance in respect of days
10
occurring on or after the commencement of this item.
11
Division 2
--Amendments commencing 1 April 2021
12
Farm Household Support Act 2014
13
3 Subsection 42(1)
14
Omit "subsections (2) and (3)", substitute "subsection (2)".
15
4 Subsection 42(2) (heading)
16
Repeal the heading, substitute:
17
Exception
18
5 Subsection 42(3)
19
Repeal the subsection.
20
6 Subsection 48(5)
21
Repeal the subsection.
22
7 Paragraph 94(b)
23
Omit ", except section 557".
24
Schedule 1
Amendments
Part 1
COVID-19 supplement
4
Social Services and Other Legislation Amendment (Extension of
Coronavirus Support) Bill 2020
No. , 2020
8 Paragraph 94(d)
1
Omit ", except section 646".
2
Social Security Act 1991
3
9 Subsection 500WA(1)
4
Omit "subsections (2) and (4)", substitute "subsection (2)".
5
10 Subsection 500WA(4)
6
Repeal the subsection.
7
11 Subsection 500X(6)
8
Repeal the subsection.
9
12 Subsection 500Z(4)
10
Repeal the subsection.
11
13 Section 504
12
Repeal the section.
13
14 Subsection 549CA(2)
14
Omit "subsections (3), (5) and (6)", substitute "subsections (3) and (5)".
15
15 Subsection 549CA(6)
16
Repeal the subsection.
17
16 Subsection 549D(6A)
18
Repeal the subsection.
19
17 Subsection 553C(7)
20
Repeal the subsection.
21
18 Section 557
22
Repeal the section.
23
19 Subsection 620(1)
24
Omit "subsections (2), (4) and (5)", substitute "subsections (2) and (4)".
25
Amendments
Schedule 1
COVID-19 supplement
Part 1
No. , 2020
Social Services and Other Legislation Amendment (Extension of
Coronavirus Support) Bill 2020
5
20 Subsection 620(5)
1
Repeal the subsection.
2
21 Subsection 623A(10)
3
Repeal the subsection.
4
22 Subsection 633(7)
5
Repeal the subsection.
6
23 Section 646
7
Repeal the section.
8
24 Subsection 654(3) (step 1 of the method statement)
9
Omit ", 644AAA and 646", substitute "and 644AAA".
10
25 Paragraphs 654(5)(d) and (6)(b)
11
Omit ", 644AAA and 646", substitute "and 644AAA".
12
26 Subsection 739A(10)
13
Repeal the subsection.
14
27 Subsection 745M(4)
15
Repeal the subsection.
16
28 Section 1210B
17
Repeal the section.
18
29 Application provision
19
The amendments made by this Division apply in relation to working out
20
if farm household allowance, parenting payment, youth allowance,
21
jobseeker payment or special benefit is payable to a person, or working
22
out the rate of a person's parenting payment, youth allowance or
23
jobseeker payment, in respect of days occurring on or after the
24
commencement of this item.
25
Schedule 1
Amendments
Part 2
Qualification for youth allowance or jobseeker payment--coronavirus
6
Social Services and Other Legislation Amendment (Extension of
Coronavirus Support) Bill 2020
No. , 2020
Part 2--Qualification for youth allowance or
1
jobseeker payment--coronavirus
2
Division 1
--Amendments commencing 1 January 2021
3
Social Security Act 1991
4
30 Paragraph 540BA(1)(b)
5
Repeal the paragraph.
6
31 Application provision
7
The amendment made by this Division applies in relation to working
8
out if a person is qualified for youth allowance in respect of days
9
occurring on or after the commencement of this item.
10
Division 2
--Amendments commencing 1 April 2021
11
Social Security Act 1991
12
32 Subsection 7(7)
13
Omit ", 540BA(1)(d)(ii) and 593(1)(g)(ii), (1D)(b)(ii) and (5)(b)(ii)",
14
substitute "and 593(1)(g)(ii) and (1D)(b)(ii)".
15
33 Section 540BA
16
Repeal the section.
17
34 Subsections 593(5) to (8)
18
Repeal the subsections.
19
35 Application provision
20
The amendments made by this Division apply in relation to working out
21
if a person is qualified for youth allowance or jobseeker payment in
22
respect of days occurring on or after the commencement of this item.
23
Amendments
Schedule 1
Liquid assets test waiting period and assets test exemptions
Part 3
No. , 2020
Social Services and Other Legislation Amendment (Extension of
Coronavirus Support) Bill 2020
7
Part 3--Liquid assets test waiting period and assets
1
test exemptions
2
Social Security Act 1991
3
36 Subsection 500Q(6)
4
Repeal the subsection.
5
37 Subsection 547B(1)
6
Omit "(1)".
7
38 Subsection 547B(2)
8
Repeal the subsection.
9
39 Subsection 549A(8)
10
Repeal the subsection.
11
40 Subsection 598(1)
12
Omit ", (8B) and (8C)", substitute "and (8B)".
13
41 Subsection 598(8C)
14
Repeal the subsection.
15
42 Subsection 611(3)
16
Repeal the subsection.
17
43 Application provision
18
The amendments made by this Part apply in relation to working out if
19
parenting payment, youth allowance or jobseeker payment is payable to
20
a person, or if a person is qualified for jobseeker payment, in respect of
21
days occurring on or after the commencement of this item.
22
Schedule 1
Amendments
Part 4
Modifications of the social security law
8
Social Services and Other Legislation Amendment (Extension of
Coronavirus Support) Bill 2020
No. , 2020
Part 4--Modifications of the social security law
1
Social Security Act 1991
2
44 After Chapter 5
3
Insert:
4
Chapter 6--Modification of social security
5
law
6
7
8
1261 Simplified outline of this Chapter
9
The Minister may determine temporary modifications of the social
10
security law in response to circumstances relating to the
11
coronavirus known as COVID-19.
12
1262 Minister may determine modifications of social security law
13
(1) For any provision of the social security law covered by
14
subsection (2), the Minister may, by legislative instrument,
15
determine:
16
(a) that the provision is varied as specified in the determination;
17
or
18
(b) that the provision does not apply; or
19
(c) that the provision does not apply and that another provision
20
specified in the determination applies instead.
21
Note:
Section 1263 deals with the period the determination is in force.
22
Provisions able to be modified
23
(2) For the purposes of subsection (1), the provisions are the
24
following:
25
(a) subsection 23(4A) or (4AA);
26
(b) paragraph 500(1)(d) and subsections 500(3) and (4);
27
(c) section 500WA;
28
Amendments
Schedule 1
Modifications of the social security law
Part 4
No. , 2020
Social Services and Other Legislation Amendment (Extension of
Coronavirus Support) Bill 2020
9
(d) section 500WB;
1
(e) section 500X;
2
(f) section 500Y;
3
(g) section 500Z;
4
(h) subsection 540BA(4);
5
(i) section 549CA;
6
(j) section 549CB;
7
(k) section 549D;
8
(l) section 549E;
9
(m) section 553C;
10
(n) section 575D;
11
(o) section 575E;
12
(p) section 575EA;
13
(q) Part 2.12, in relation to working out whether a person is a
14
member of a couple;
15
(r) subsection 593(8);
16
(s) section 620;
17
(t) section 621;
18
(u) section 623A;
19
(v) section 623B;
20
(w) section 633;
21
(x) subsection 654(3);
22
(y) section 739A;
23
(z) section 745M;
24
(za) section 1046;
25
(zb) Module H of the Youth Allowance Rate Calculator in
26
section 1067G, in relation to working out the rate of youth
27
allowance where neither section 540AA (about new
28
apprentices) nor paragraph 541(1)(a) (about full-time study)
29
applies;
30
(zc) Part 3.6, in relation to working out whether a person is a
31
member of a couple for the purposes of working out the rate
32
of jobseeker payment;
33
(zd) Module G of Benefit Rate Calculator B in section 1068, in
34
relation to working out the rate of jobseeker payment;
35
(ze) section 1216;
36
Schedule 1
Amendments
Part 4
Modifications of the social security law
10
Social Services and Other Legislation Amendment (Extension of
Coronavirus Support) Bill 2020
No. , 2020
(zf) Division 3 of Part 4.2;
1
(zg) clause 128 of Schedule 1A.
2
Determination to be in response to COVID-19
3
(3) The Minister must be satisfied that a determination under
4
subsection (1) is in response to circumstances relating to the
5
coronavirus known as COVID-19.
6
Application of determination
7
(4) A determination under subsection (1) must be expressed to:
8
(a) apply to all persons; or
9
(b) apply to a specified class or specified classes of persons.
10
Determination may provide for things to have been done before
11
commencement
12
(5) A determination under subsection (1) may provide that a person is
13
taken to have done a specified thing on a day before the
14
determination commences.
15
Determination has effect accordingly
16
(6) A determination under subsection (1) has effect accordingly.
17
Definitions
18
(7) In this section:
19
Minister
means the Minister administering the
Social Security
20
(International Agreements) Act 1999
.
21
1263 Period that determination is in force and variation and
22
revocation
23
(1) Subject to subsection (5), a determination under
24
subsection 1262(1) is in force for the period specified in the
25
determination. That period must not end after:
26
(a) 31 March 2021, unless paragraph (b) applies; or
27
(b) if the determination modifies a provision covered by
28
paragraph 1262(2)(a)--16 April 2021.
29
Amendments
Schedule 1
Modifications of the social security law
Part 4
No. , 2020
Social Services and Other Legislation Amendment (Extension of
Coronavirus Support) Bill 2020
11
(2) The period specified in a determination under subsection 1262(1)
1
may be a period that starts before the day the determination is
2
made.
3
Variation of determination
4
(3) The Minister may, by legislative instrument, vary a determination
5
under subsection 1262(1).
6
(4) A variation may be expressed to commence on a day before the
7
day the variation is made.
8
Revocation of determination
9
(5) The Minister may, by legislative instrument, revoke a
10
determination under subsection 1262(1).
11
(6) A revocation takes effect on the day specified in the instrument of
12
revocation, which must not be earlier than the day that instrument
13
is made.
14
Definitions
15
(7) In this section:
16
Minister
means the Minister administering the
Social Security
17
(International Agreements) Act 1999
.
18
45 Transitional provision
19
If a determination is made under subsection 1262(1) of the
Social
20
Security Act 1991
, as inserted by this Part, modifying the provision
21
covered by paragraph 1262(2)(zd) of that Act, then, in working out if a
22
person satisfies the health care card income test under section 1071A of
23
that Act on a day, or at a time, when the determination is in force,
24
disregard those modifications.
25
Schedule 1
Amendments
Part 5
Extending the period that a residence is the person's principal home
12
Social Services and Other Legislation Amendment (Extension of
Coronavirus Support) Bill 2020
No. , 2020
Part 5--Extending the period that a residence is the
1
person's principal home
2
Social Security Act 1991
3
46 Paragraph 11A(9)(a)
4
After "subsection (9A)", insert "or (9B)".
5
47 After subsection 11A(9A)
6
Insert:
7
(9B) For the purposes of paragraph (9)(a), the Secretary may, in relation
8
to a person and a residence of the person, determine, in writing, a
9
longer period if:
10
(a) the Secretary is satisfied that the person is temporarily absent
11
from that residence because the person is absent from
12
Australia; and
13
(b) the Secretary is satisfied that the person's absence from
14
Australia is temporary; and
15
(c) the Secretary is satisfied that the person is unable to return to
16
Australia before the end of the following period because of
17
circumstances beyond the person's control:
18
(i) the 12 months mentioned in paragraph (9)(a), unless
19
subparagraph (ii) of this paragraph applies;
20
(ii) if the Secretary has determined a period under
21
subsection (9A) in relation to the person and that
22
residence--that period.
23
48 Application provision
24
The amendments of the
Social Security Act 1991
made by this Part
25
apply in relation to the following:
26
(a) a period of absence from Australia starting on or after the
27
commencement of this item;
28
(b) a period of absence from Australia starting before that
29
commencement, where the period covered by
30
paragraph 11A(9B)(c) of the
Social Security Act 1991
, as
31
inserted by this Part, ends on or after 11 March 2020.
32
Amendments
Schedule 1
Extending the period that a residence is the person's principal home
Part 5
No. , 2020
Social Services and Other Legislation Amendment (Extension of
Coronavirus Support) Bill 2020
13
Veterans' Entitlements Act 1986
1
49 Paragraph 5LA(9)(a)
2
After "subsection (9A)", insert "or (9B)".
3
50 After subsection 5LA(9A)
4
Insert:
5
(9B) For the purposes of paragraph (9)(a), the Commission may, in
6
relation to a person and a residence of the person, determine, in
7
writing, a longer period if:
8
(a) the Commission is satisfied that the person is temporarily
9
absent from that residence because the person is absent from
10
Australia; and
11
(b) the Commission is satisfied that the person's absence from
12
Australia is temporary; and
13
(c) the Commission is satisfied that the person is unable to return
14
to Australia before the end of the following period because of
15
circumstances beyond the person's control:
16
(i) the 12 months mentioned in paragraph (9)(a), unless
17
subparagraph (ii) of this paragraph applies;
18
(ii) if the Commission has determined a period under
19
subsection (9A) in relation to the person and that
20
residence--that period.
21
51 Application provision
22
The amendments of the
Veterans' Entitlements Act 1986
made by this
23
Part apply in relation to the following:
24
(a) a period of absence from Australia starting on or after the
25
commencement of this item;
26
(b) a period of absence from Australia starting before that
27
commencement, where the period covered by
28
paragraph 5LA(9B)(c) of the
Veterans' Entitlements Act
29
1986
, as inserted by this Part, ends on or after 11 March
30
2020.
31
Schedule 1
Amendments
Part 6
Continuation of Social Security (Coronavirus Economic Response--2020
Measures No. 5) Determination 2020
14
Social Services and Other Legislation Amendment (Extension of
Coronavirus Support) Bill 2020
No. , 2020
Part 6--Continuation of Social Security (Coronavirus
1
Economic Response--2020 Measures No. 5)
2
Determination 2020
3
52 Continuation of Social Security (Coronavirus Economic
4
Response
--2020 Measures No. 5) Determination 2020
5
(1)
Despite subitems 28(4) and (5) of Schedule 2 to the
Coronavirus
6
Economic Response Package Omnibus (Measures No. 2) Act 2020
,
7
item 1A of Schedule 1 to the No. 5 determination, as in force
8
immediately before the end of 28 March 2021, continues in force on
9
and after 29 March 2021.
10
(2)
Information provided to the Secretary by the Commissioner of Taxation
11
before 29 March 2021 under subsection 204A(1A) of the
12
Administration Act, as modified by subitem 1(1) of Schedule 1 to the
13
No. 5 determination, may continue to be used on or after 29 March
14
2021 in a way permitted before that day by section 204A of that Act, as
15
modified by that determination.
16
(3)
If, before, on or after 29 March 2021, information in an aggregated
17
form is produced as mentioned in subitem 1(4) of Schedule 1 to the
18
No. 5 determination, as in force before that day, the information in that
19
aggregated form may be used, disclosed or made publicly available on
20
or after 29 March 2021 in a way permitted before that day by
21
section 204A of the Administration Act, as modified by that
22
determination.
23
(4)
In this item:
24
Administration Act
means the
Social Security (Administration) Act
25
1999
.
26
No. 5 determination
means the
Social Security (Coronavirus Economic
27
Response--2020 Measures No. 5) Determination 2020
.
28
Secretary
means the Secretary of the Department administered by the
29
Minister administering the
Social Security (International Agreements)
30
Act 1999
.
31