2008-2009 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Household Stimulus Package Bill 2009 No. , 2009 (Families, Housing, Community Services and Indigenous Affairs) A Bill for an Act to amend laws in order to provide payments relating to the household stimulus package, and for other purposes [Page Break] 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Schedule(s) ......................................................................................... 2 Schedule 1--Training and learning bonus and farmers hardship bonus 3 Social Security Act 1991 3 Social Security (Administration) Act 1999 6 Schedule 2--Education entry payment 8 Part 1--Amendments taken to have commenced on 1 January 2009 8 Social Security Act 1991 8 Part 2--Amendment commencing on 1 July 2009 14 Social Security Act 1991 14 Schedule 3--Back to school bonus and single income family bonus 15 A New Tax System (Family Assistance) Act 1999 15 A New Tax System (Family Assistance) (Administration) Act 1999 21 Schedule 4--Administrative scheme for household stimulus payments 26 Schedule 5--Other ame ndments 28 Farm Household Support Act 1992 28 Income Tax Assessment Act 1936 28 Income Tax Assessment Act 1997 29 Social Security Act 1991 31 Social Security (Administration) Act 1999 33 Veterans' Entitlements Act 1986 35 i Household Stimulus Package Bill 2009 No. , 2009 [Page Break] 2 payments relating to the household stimulus 3 package, and for other purposes 4 The Parliament of Australia enacts: 5 1 Short title 6 This Act may be cited as the Household Stimulus Package Act 7 2009. 8 2 Commence ment 9 (1) Each provision of this Act specified in column 1 of the table 10 commences, or is taken to have commenced, in accordance with 11 column 2 of the table. Any other statement in column 2 has effect 12 according to its terms. 13 Household Stimulus Package Bill 2009 No. , 2009 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1 The day on which this Act receives the Royal Assent. 3. Schedule 2, 1 January 2009. 1 January 2009 Part 1 4. Schedule 2, At the same time as item 65 of Schedule 2 to 1 Ju ly 2009 Part 2 the Social Security Legislation Amendment (Employment Services Reform) Act 2009 commences. 5. Schedules 3 to The day on which this Act receives the 5 Royal Assent. 1 Note: This table relates only to the provisions of this Act as originally 2 passed by both Houses of the Parliament and assented to. It will not be 3 expanded to deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act 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 2 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] 1 2 Schedule 1--Training and learning bonus and 3 farmers hardship bonus 4 5 Social Security Act 1991 6 1 Subsection 23(1) 7 Insert: 8 Military Rehabilitation and Compensation Act Education and 9 Training Scheme has the meaning given by the Family Assistance 10 Act. 11 2 Subsection 23(1) 12 Insert: 13 Veterans' Children Education Scheme has the meaning given by 14 the Family Assistance Act. 15 3 After Part 2.17 16 Insert: 17 Part 2.18--Training and learning bonus and 18 farmers hardship bonus 19 Division 1--Training and learning bonus 20 910 Qualification for training and learning bonus 21 Qualified if this section applies 22 (1) A person is qualified for a training and learning bonus if 23 subsection (2) or (4) applies to the person. 24 Receipt of certain payments 25 (2) This subsection applies to a person if the person was receiving one 26 or more of the following payments in respect of 3 February 2009: 27 (a) youth allowance; Household Stimulus Package Bill 2009 No. , 2009 3 [Page Break] 1 (b) austudy payment; 2 (c) special benefit; 3 (d) sickness allowance; 4 (e) a payment under the ABSTUDY Scheme that included an 5 amount identified as living allowance; 6 (f) an education allowance under section 3.2, 3.3, 3.4, 3.5, 3.6 or 7 3.6A of the Veterans' Children Education Scheme; 8 (g) an education allowance under section 3.2, 3.3, 3.4, 3.5 or 3.6 9 of the Military Rehabilitation and Compensation Act 10 Education and Training Scheme. 11 (3) However: 12 (a) paragraph (2)(a) does not apply to the person unless the 13 person was receiving youth allowance on the basis that, on 14 3 February 2009: 15 (i) the person was undertaking full-time study; or 16 (ii) the person was qualified for a youth allowance under 17 section 540AA; and 18 (b) paragraph (2)(c) does not apply if the person had reached 19 pension age on or before 14 October 2008. 20 Person entitled to family tax benefit Part A 21 (4) This subsection applies to a person if: 22 (a) on 3 February 2009 the person was entitled to family tax 23 benefit; and 24 (b) the rate of family tax benefit payable in relation to that day 25 consisted of or included a Part A rate greater than nil worked 26 out taking into account at least one FTB child who was aged 27 21 or more and less than 25 on that day; and 28 (c) the person would have been entitled to a back to school 29 bonus under section 95 of the Family Assistance Act if any 30 such child were aged 4 or more and less than 19 on that day. 31 One payment under this section only 32 (5) A person cannot receive more than one payment under this section, 33 regardless of how many times the person qualifies under this 34 section. 4 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] 1 No qualification under subsection (2) in certain circumstances 2 (6) Despite anything else in this section, a person who is: 3 (a) an FTB child in respect of whom another person is entitled to 4 a back to school bonus under section 95 of the Family 5 Assistance Act; or 6 (b) entitled to a back to school bonus under section 98 of the 7 Family Assistance Act; 8 is not qualified for a training and learning bonus under 9 subsection (2) of this section. 10 911 Amount of training and learning bonus 11 (1) The amount of a person's training and learning bonus is: 12 (a) if the person qualifies for a training and learning bonus under 13 subsection 910(2) but not under subsection 910(4)--$950; or 14 (b) if the person qualifies for a training and learning bonus under 15 subsection 910(4) but not under subsection 910(2)--$950 for 16 each FTB child because of whom the person so qualifies; or 17 (c) if the person qualifies for a training and learning bonus under 18 subsection 910(2) and also qualifies under subsection 19 910(4)--the sum of: 20 (i) $950; and 21 (ii) $950 for each FTB child because of whom the person so 22 qualifies. 23 (2) Despite paragraph (1)(b) and subparagraph (1)(c)(ii) of this 24 section, subsections 97(3), (4) and (5) of the Family Assistance Act 25 apply in relation to the amount of a person's training and learning 26 bonus in relation to an FTB child in the same way as they would 27 apply in relation to the amount of a back to school bonus under that 28 Act. 29 Division 2--Farmers hardship bonus 30 912 Qualification for farmers hards hip bonus 31 A person is qualified for a farmers hardship bonus if the person 32 was paid any of the following in respect of a period that included 33 3 February 2009: Household Stimulus Package Bill 2009 No. , 2009 5 [Page Break] 1 (a) an instalment of exceptional circumstances relief payment 2 under the Farm Household Support Act 1992; 3 (b) an instalment of farm help income support under that Act; 4 (c) a payment by the Commonwealth that: 5 (i) is known as Exceptional Circumstances Interim Income 6 Support or as Transitional Income Support; and 7 (ii) is of a similar nature as a payment of a kind referred to 8 in paragraph (a) or (b). 9 913 Amount of farmers hardship bonus 10 The amount of a person's farmers hardship bonus is $950. 11 4 Paragraph 1231(1AA)(b) 12 After "economic security strategy payment", insert ", training and 13 learning bonus or farmers hardship bonus". 14 5 Paragraph 1231(1AA)(b) 15 After "the payment" (wherever occurring), insert "or bonus". 16 Social Security (Administration) Act 1999 17 6 At the end of section 12AB 18 Add ", training and learning bonus or farmers hardship bonus". 19 Note: The heading to section 12AB is altered by adding at the end ", training and learning 20 bonus or farmers hardship bonus". 21 7 After paragraph 47(1)(ht) 22 Insert: 23 (hu) training and learning bonus; or 24 (hv) farmers hardship bonus; or 25 8 Subsection 47(4) 26 After "Subject to", insert "subsections 47C(3) and (4) and". 27 9 Section 47C 28 Before "If an individual", insert "(1)". 29 Note: The heading to section 47C is altered by adding at the end ", training and learning 30 bonuses and farmers hardship bonuses". 6 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] 1 10 At the end of section 47C 2 Add: 3 (2) If an individual is qualified for a training and learning bonus or 4 farmers hardship bonus, the Secretary must pay the bonus in a 5 single lump sum: 6 (a) to the individual; and 7 (b) on the date that the Secretary considers to be the earliest date 8 on which it is reasonably practicable for the payment to be 9 made; and 10 (c) in such manner as the Secretary considers appropriate. 11 (3) Despite paragraph (2)(a) of this section, if: 12 (a) the individual is qualified for a training and learning bonus 13 under paragraph 910(2)(a) of the 1991 Act because the 14 individual was receiving youth allowance in respect of 15 3 February 2009; and 16 (b) the whole or a part of the individual's instalment of youth 17 allowance in respect of a period that included that day was 18 paid to a parent of the individual under section 45 of this Act; 19 the Secretary may pay the whole, or the same proportion, of the 20 individual's training and learning bonus to that parent or to any 21 other person. 22 (4) Despite paragraph (2)(a) of this section, if: 23 (a) the individual is qualified for a training and learning bonus: 24 (i) under paragraph 910(2)(e) of the 1991 Act because the 25 individual was receiving a payment under the 26 ABSTUDY Scheme in respect of 3 February 2009; or 27 (ii) under paragraph 910(2)(f) or (g) of the 1991 Act 28 because the individual was receiving an education 29 allowance referred to in that paragraph in respect of that 30 day; and 31 (b) the whole or a part of the individual's instalment of the 32 payment or allowance in respect of a period that included that 33 day was paid to a person (the recipient) other than the 34 individual; 35 the Secretary may pay the whole, or the same proportion, of the 36 individual's training and learning bonus to the recipient or to any 37 other person. 38 Household Stimulus Package Bill 2009 No. , 2009 7 [Page Break] Part 1 A mend ments taken to have commenced on 1 January 2009 1 2 Schedule 2--Education entry payment 3 Part 1--Amendments taken to have commenced on 4 1 January 2009 5 Social Security Act 1991 6 1 At the end of section 665U 7 Add: 8 Reduction of qualification period during designated period 9 (3) Subsection (1) has effect during the designated period as if the 10 reference in subparagraph (b)(ii) to 12 months were a reference to 11 4 weeks. 12 (4) For the purposes of subsection (3), the designated period is the 13 period beginning on 1 January 2009 and ending at the end of: 14 (a) 30 June 2010; or 15 (b) if a later date is determined by the Minister by legislative 16 instrument--that later date. 17 2 Section 665ZC 18 Before "A woman", insert "(1)". 19 3 At the end of section 665ZC 20 Add: 21 Reduction of qualification period during designated period 22 (2) Subsection (1) has effect during the designated period as if it were 23 modified as follows: 24 (a) by omitting subparagraph (b)(ii) and substituting the 25 following subparagraph: 26 (ii) had been receiving income support payments in respect 27 of a continuous period of at least 4 weeks (whether or 28 not the kind of payment received has changed over the 29 period and whether the period or any part of it occurred 30 before or after 1 January 2009); and 8 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] Amend ments taken to have commenced on 1 January 2009 Part 1 1 (b) by omitting Note 1 and substituting the following notes: 2 Note 1: For income support payment see subsection 23(1). 3 Note 1A: For the determination of whether a person received income support 4 payments in respect of a continuous period of at least 4 weeks see 5 section 38B. 6 (3) For the purposes of subsection (2), the designated period is the 7 period beginning on 1 January 2009 and ending at the end of: 8 (a) 30 June 2010; or 9 (b) if a later date is determined by the Minister by legislative 10 instrument--that later date. 11 4 Section 665ZQ 12 Before "A person", insert "(1)". 13 5 At the end of section 665ZQ 14 Add: 15 Reduction of qualification period during designated period 16 (2) Subsection (1) has effect during the designated period as if it were 17 modified as follows: 18 (a) by omitting subparagraph (b)(ii) and substituting the 19 following subparagraph: 20 (ii) had been receiving income support payments in respect 21 of a continuous period of at least 4 weeks (whether or 22 not the kind of payment received has changed over the 23 period and whether the period or any part of it occurred 24 before or after 1 January 2009); and 25 (b) by omitting Note 1 and substituting the following notes: 26 Note 1: For income support payment see subsection 23(1). 27 Note 1A: For the determination of whether a person received income support 28 payments in respect of a continuous period of at least 4 weeks see 29 section 38B. 30 (3) For the purposes of subsection (2), the designated period is the 31 period beginning on 1 January 2009 and ending at the end of: 32 (a) 30 June 2010; or 33 (b) if a later date is determined by the Minister by legislative 34 instrument--that later date. Household Stimulus Package Bill 2009 No. , 2009 9 [Page Break] Part 1 A mend ments taken to have commenced on 1 January 2009 1 6 Section 665ZU 2 Before "A person", insert "(1)". 3 7 At the end of section 665ZU 4 Add: 5 Reduction of qualification period during designated period 6 (2) Subsection (1) has effect during the designated period as if it were 7 modified as follows: 8 (a) by omitting subparagraph (b)(ii) and substituting the 9 following subparagraph: 10 (ii) had been receiving income support payments in respect 11 of a continuous period of at least 4 weeks (whether or 12 not the kind of payment received has changed over the 13 period and whether the period or any part of it occurred 14 before or after 1 January 2009); and 15 (b) by omitting Note 1 and substituting the following notes: 16 Note 1: For income support payment see subsection 23(1). 17 Note 1A: For the determination of whether a person received income support 18 payments in respect of a continuous period of at least 4 weeks see 19 section 38B. 20 (3) For the purposes of subsection (2), the designated period is the 21 period beginning on 1 January 2009 and ending at the end of: 22 (a) 30 June 2010; or 23 (b) if a later date is determined by the Minister by legislative 24 instrument--that later date. 25 8 After Division 12 of Part 2.13A 26 Insert: 27 Division 12A--Recipients of youth allowance (other) 28 665ZX Payment to recipient of youth allowance (other) 29 (1) A person is qualified for an education entry payment under this 30 section if: 31 (a) either: 10 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] Amend ments taken to have commenced on 1 January 2009 Part 1 1 (i) the Secretary is satisfied that the person intends to enrol 2 in a qualifying course; or 3 (ii) the person is enrolled in such a course; and 4 (b) immediately before the person commences the course, the 5 person: 6 (i) is receiving youth allowance; and 7 (ii) is not undertaking full-time study and is not a new 8 apprentice; and 9 (iii) had been receiving income support payments in respect 10 of a continuous period of at least 4 weeks (whether or 11 not the kind of payment received has changed over the 12 period and whether the period or any part of it occurred 13 before or after 1 January 2009); and 14 (c) the person has not, within the last 12 months, received a 15 payment under this Part. 16 Note 1: For undertaking full-time study see section 541B. 17 Note 2: For income support payment see subsection 23(1). 18 Note 3: For the determination of whether a person received income support 19 payments in respect of a continuous period of at least 4 weeks see 20 section 38B. 21 (2) For the purposes of subparagraph (1)(a)(i), a qualifying course, in 22 relation to a person, is: 23 (a) a full-time course of education that is an approved course 24 under the ABSTUDY scheme or an approved course of 25 education or study (within the meaning of subsection 26 541B(5)); or 27 (b) a course that is an activity (whether compulsory or not) 28 provided for by a term of the person's Youth Allowance 29 Activity Agreement. 30 665ZXA Amount of section 665ZX payme nt 31 The amount of an education entry payment under section 665ZX is 32 $208. 33 665ZXB Need for claim 34 A person is not qualified for an education entry payment under 35 section 665ZX unless the person has made a claim for the payment. Household Stimulus Package Bill 2009 No. , 2009 11 [Page Break] Part 1 A mend ments taken to have commenced on 1 January 2009 1 665ZXC Cessation of Division 2 This Division ceases to have effect at the end of: 3 (a) 30 June 2010; or 4 (b) if a later date is determined by the Minister by legislative 5 instrument--that later date. 6 9 At the end of Part 2.13A 7 Add: 8 Division 14--Education entry payment supplement 9 665ZZA Qualification for education entry payme nt supple ment 10 A person is qualified for an education entry payment supplement 11 under this section if the person: 12 (a) is qualified for an education entry payment under this Part on 13 or after 1 January 2009; or 14 (b) is eligible for an education entry payment under Part VIIAA 15 of the Veterans' Entitlements Act 1986 on or after 1 January 16 2009. 17 665ZZB Amount of education entry payme nt supplement 18 The amount of an education entry payment supplement under 19 section 665ZZA is $950. 20 665ZZC Separate claim not needed 21 A person is taken to have made a claim for an education entry 22 payment supplement under section 665ZZA if the person has made 23 a claim for an education entry payment as required by this Part or 24 Part VIIAA of the Veterans' Entitlements Act 1986. 25 665ZZD Education entry payment supplement taken to be part of 26 education entry payment for purposes of social security 27 law 28 (1) For the purposes of the social security law, an education entry 29 payment supplement payable to a person who is qualified for the 12 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] Amend ments taken to have commenced on 1 January 2009 Part 1 1 supplement because of paragraph 665ZZA(a) is taken to be part of 2 the education entry payment payable to the person. 3 (2) Subsection (1) has effect except so far as any provision in the 4 social security law expressly provides for or in relation to 5 education entry payment supplement. 6 665ZZE Cessation of Division 7 This Division ceases to have effect at the end of: 8 (a) 30 June 2010; or 9 (b) if a later date is determined by the Minister by legislative 10 instrument--that later date. 11 Household Stimulus Package Bill 2009 No. , 2009 13 [Page Break] Part 2 A mend ment commencing on 1 Ju ly 2009 1 2 Part 2--Amendment commencing on 1 July 2009 3 Social Security Act 1991 4 10 Paragraph 665ZX(2)(b) 5 Repeal the paragraph, substitute: 6 (b) a course that is provided for by a term (whether the term is 7 required to be complied with or not) of the person's Youth 8 Allowance Employment Pathway Plan. 9 14 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] 1 2 Schedule 3--Back to school bonus and single 3 income family bonus 4 5 A New Tax System (Family Assistance) Act 1999 6 1 Subsection 3(1) 7 Insert: 8 back to school bonus means a payment to which an individual is 9 entitled under section 95 or 98. 10 2 Subsection 3(1) 11 Insert: 12 single income family bonus means a payment to which an 13 individual is entitled under section 101. 14 3 After Part 6 15 Insert: 16 Part 7--Back to school bonus and single income 17 family bonus 18 Division 1--Back to school bonus 19 Subdivision A--Entitlements in relation to eligible children 20 95 When is an individual entitle d to a back to school bonus? 21 (1) An individual (the entitled individual) is entitled to a back to 22 school bonus if subsection (2), (3) or (4) applies to the individual. 23 (2) This subsection applies to the individual if: 24 (a) in relation to 3 February 2009, a determination under 25 section 16 of the Family Assistance Administration Act was 26 in force in respect of the individual as a claimant; and 27 (b) the rate (the applicable rate) of family tax benefit payable 28 under the determination in relation to 3 February 2009 Household Stimulus Package Bill 2009 No. , 2009 15 [Page Break] 1 consisted of or included a Part A rate greater than nil worked 2 out taking into account at least one FTB child who was aged 3 4 or more and less than 19 on 3 February 2009. 4 (3) This subsection applies to the individual if: 5 (a) in relation to 3 February 2009, a determination under 6 section 17 of the Family Assistance Administration Act was 7 in force in respect of the individual as a claimant; and 8 (b) the determination was made as a result of a claim made in the 9 2008-09, 2009-10 or 2010-11 income year; and 10 (c) if the claim was made in the 2008-09 income year--the rate 11 (the applicable rate) of family tax benefit payable under the 12 determination in relation to 3 February 2009 consisted of or 13 included a Part A rate greater than nil worked out taking into 14 account at least one FTB child who was aged 4 or more and 15 less than 19 on 3 February 2009; and 16 (d) if the claim was made in the 2009-10 or 2010-11 income 17 year: 18 (i) the individual has satisfied the FTB reconciliation 19 conditions under section 32B of the Family Assistance 20 Administration Act for all of the same-rate benefit 21 periods in the 2008-09 income year; and 22 (ii) the rate (the applicable rate) of family tax benefit that 23 was payable under the determination after the individual 24 satisfied those conditions, and that was payable in 25 relation to 3 February 2009, consisted of or included a 26 Part A rate greater than nil worked out taking into 27 account at least one FTB child who was aged 4 or more 28 and less than 19 on 3 February 2009. 29 (4) This subsection applies to the individual if: 30 (a) in relation to 3 February 2009, a determination under 31 section 18 of the Family Assistance Administration Act was 32 in force in respect of the individual as a claimant; and 33 (b) the determination was made as a result of a claim made in the 34 2008-09 income year or a later income year; and 35 (c) the rate (the applicable rate) of family tax benefit payable 36 under the determination in relation to 3 February 2009 37 consisted of or included a Part A rate greater than nil worked 38 out taking into account at least one FTB child who was aged 39 4 or more and less than 19 on 3 February 2009 (or, if the 16 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] 1 child has died, who would have been that age on that date if 2 the child had not died). 3 96 In respect of what children is the bonus payable? 4 Each of the following is an eligible child in relation to the entitled 5 individual: 6 (a) if subsection 95(2) applies to the entitled individual--each 7 FTB child covered by paragraph 95(2)(b) and taken into 8 account in determining the applicable rate; 9 (b) if subsection 95(3) applies to the entitled individual--each 10 FTB child covered by paragraph 95(3)(c) or subparagraph 11 95(3)(d)(ii) and taken into account in determining the 12 applicable rate; 13 (c) if subsection 95(4) applies to the entitled individual--each 14 FTB child covered by paragraph 95(4)(c) and taken into 15 account in determining the applicable rate. 16 97 What is the amount of the bonus? 17 Add together the amounts applicable under this section for each 18 eligible child 19 (1) The amount of the back to school bonus to the entitled individual is 20 worked out by adding together the amounts applicable under this 21 section for each eligible child. 22 Amount is $950 unless another subsection applies 23 (2) Subject to this section, the amount applicable for an eligible child 24 is $950. 25 Reduced amount if applicable rate took account of an individual's 26 shared care percentage 27 (3) If the applicable rate (see section 95) took account of a shared care 28 percentage in relation to an eligible child, the amount applicable 29 for the eligible child is that percentage of $950. Household Stimulus Package Bill 2009 No. , 2009 17 [Page Break] 1 Reduced amount if applicable rate took account of a section 28 2 percentage determination 3 (4) If the applicable rate (see section 95) took account of a 4 determination under section 28 of a particular percentage in 5 relation to one or more FTB children (being an eligible child or 6 eligible children)--the amount applicable for the eligible child, or 7 for each of those eligible children, is: 8 (a) unless paragraph (b) applies--that percentage of $950; or 9 (b) if subsection (3) also applies in relation to the eligible 10 child--that percentage of the amount worked out under 11 subsection (3) for the eligible child. 12 Reduced amount if applicable rate took account of a section 29 13 percentage determination 14 (5) If the applicable rate (see section 95) took account of a 15 determination under section 29 of a particular percentage in 16 relation to one or more FTB children (being an eligible child or 17 eligible children)--the amount applicable for the eligible child, or 18 for each of those eligible children, is: 19 (a) unless paragraph (b) applies--that percentage of $950; or 20 (b) if subsection (3) also applies in relation to the eligible 21 child--that percentage of the amount worked out under 22 subsection (3) for the eligible child. 23 Subdivision B--Other entitlements 24 98 When is an individual entitle d to a back to school bonus? 25 An individual is entitled to a back to school bonus if: 26 (a) the individual was receiving either of the following payments 27 in relation to 3 February 2009: 28 (i) a carer payment under Part 2.5 of the Social Security Act 29 1991; 30 (ii) a disability support pension under Part 2.3 of the Social 31 Security Act 1991; and 32 (b) the individual was aged less than 19 on 3 February 2009. 18 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] 1 99 What is the amount of the bonus? 2 The amount of the back to school bonus to the individual is $950. 3 Subdivision C--General rules 4 100 General rules 5 (1) If a back to school bonus under Subdivision A in relation to an 6 eligible child (see section 96) is paid to an individual, no back to 7 school bonus under Subdivision B can be paid to the eligible child. 8 (2) If a back to school bonus under Subdivision B is paid to an 9 individual (the recipient), no back to school bonus under 10 Subdivision A can be paid to another individual in relation to the 11 recipient. 12 Division 2--Single income family bonus 13 101 When is an individual entitle d to a single income family bonus? 14 (1) An individual (the entitled individual) is entitled to a single 15 income family bonus if subsection (2), (3) or (4) applies to the 16 individual. 17 (2) This subsection applies to the individual if: 18 (a) in relation to 3 February 2009, a determination under 19 section 16 of the Family Assistance Administration Act was 20 in force in respect of the individual as a claimant; and 21 (b) the rate (the applicable rate) of family tax benefit payable 22 under the determination in relation to 3 February 2009 23 consisted of or included a Part B rate greater than nil. 24 (3) This subsection applies to the individual if: 25 (a) in relation to 3 February 2009, a determination under 26 section 17 of the Family Assistance Administration Act was 27 in force in respect of the individual as a claimant; and 28 (b) the determination was made as a result of a claim made in the 29 2008-09, 2009-10 or 2010-11 income year; and 30 (c) if the claim was made in the 2008-09 income year--the rate 31 (the applicable rate) of family tax benefit payable under the Household Stimulus Package Bill 2009 No. , 2009 19 [Page Break] 1 determination in relation to 3 February 2009 consisted of or 2 included a Part B rate greater than nil; and 3 (d) if the claim was made in the 2009-10 or 2010-11 income 4 year: 5 (i) the individual has satisfied the FTB reconciliation 6 conditions under section 32B of the Family Assistance 7 Administration Act for all of the same-rate benefit 8 periods in the 2008-09 income year; and 9 (ii) the rate (the applicable rate) of family tax benefit that 10 was payable under the determination after the individual 11 satisfied those conditions, and that was payable in 12 relation to 3 February 2009, consisted of or included a 13 Part B rate greater than nil. 14 (4) This subsection applies to the individual if: 15 (a) in relation to 3 February 2009, a determination under 16 section 18 of the Family Assistance Administration Act was 17 in force in respect of the individual as a claimant; and 18 (b) the determination was made as a result of a claim made in the 19 2008-09 income year or a later income year; and 20 (c) the rate (the applicable rate) of family tax benefit payable 21 under the determination in relation to 3 February 2009 22 consisted of or included a Part B rate greater than nil. 23 102 What is the amount of the bonus? 24 Amount is $950 unless another subsection applies 25 (1) Subject to this section, the amount of the single income family 26 bonus to the entitled individual is $950. 27 Reduced amount if applicable rate took account of an individual's 28 shared care percentage 29 (2) If the applicable rate (see section 101) was worked out taking into 30 account only one FTB child and a shared care percentage in 31 relation to that child, the amount of the single income family bonus 32 to the entitled individual is that percentage of $950. 33 (3) If the applicable rate (see section 101) was worked out taking into 34 account more than one FTB child and a shared care percentage for 35 each of those children, the amount of the single income family 20 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] 1 bonus to the entitled individual is the highest of those percentages 2 of $950. 3 Reduced amount if applicable rate took account of a section 28 4 percentage determination 5 (4) If the applicable rate (see section 101) took account of a 6 determination under section 28 of a particular percentage in 7 relation to one or more FTB children, the amount of the single 8 income family bonus to the entitled individual is: 9 (a) unless paragraph (b) applies--that percentage of $950; or 10 (b) if subsection (2) or (3) also applies--that percentage of the 11 amount worked out under subsection (2) or (3). 12 Reduced amount if applicable rate took account of a section 29 13 percentage determination 14 (5) If the applicable rate (see section 101) took account of a 15 determination under section 29 of a particular percentage in 16 relation to one or more FTB children, the amount of the single 17 income family bonus to the entitled individual is: 18 (a) unless paragraph (b) applies--that percentage of $950; or 19 (b) if subsection (2) or (3) also applies--that percentage of the 20 amount worked out under subsection (2) or (3). 21 A New Tax System (Family Assistance) (Administration) Act 22 1999 23 4 After Division 4B of Part 3 24 Insert: 25 Division 4C--Back to school bonus and single income 26 family bonus 27 65H Payme nt of back to school bonus and single income family 28 bonus 29 If an individual is entitled to a back to school bonus or a single 30 income family bonus, the Secretary must pay the bonus to the 31 individual in a single lump sum: Household Stimulus Package Bill 2009 No. , 2009 21 [Page Break] 1 (a) on the date that the Secretary considers to be the earliest date 2 on which it is reasonably practicable for the bonus to be 3 made; and 4 (b) in such manner as the Secretary considers appropriate. 5 Note: The individual does not have to make a claim for the bonus. 6 5 At the end of subsection 66(1) 7 Add: 8 ; (i) back to school bonus or single income family bonus. 9 6 Section 70 10 Omit "or economic security strategy payment to families", substitute ", 11 economic security strategy payment to families, back to school bonus or 12 single income family bonus". 13 7 After section 71J 14 Insert: 15 71K Debts arising in respect of back to school bonus or single 16 income family bonus 17 (1) This section applies in relation to an individual (the recipient) who 18 has been paid a back to school bonus or a single income family 19 bonus (the relevant payment). 20 What determinations are relevant? 21 (2) Each of the following is a relevant determination in relation to the 22 recipient: 23 (a) if the relevant payment was made because, at that time, 24 subsection 95(2) of the Family Assistance Act applied to the 25 recipient--the determination referred to in paragraph 26 95(2)(a) of that Act; 27 (b) if the relevant payment was made because, at that time, 28 subsection 95(3) of the Family Assistance Act applied to the 29 recipient--the determination referred to in paragraph 30 95(3)(a) of that Act; 31 (c) if the relevant payment was made because, at that time, 32 subsection 95(4) of the Family Assistance Act applied to the 22 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] 1 recipient--the determination referred to in paragraph 2 95(4)(a) of that Act; 3 (d) if the relevant payment was made because, at that time, 4 section 98 of the Family Assistance Act applied to the 5 recipient--the determination made under Part 3 of the Social 6 Security (Administration) Act 1999 that resulted in the 7 recipient receiving the carer payment or disability support 8 pension; 9 (e) if the relevant payment was made because, at that time, 10 subsection 101(2) of the Family Assistance Act applied to the 11 recipient--the determination referred to in paragraph 12 101(2)(a) of that Act; 13 (f) if the relevant payment was made because, at that time, 14 subsection 101(3) of the Family Assistance Act applied to the 15 recipient--the determination referred to in paragraph 16 101(3)(a) of that Act; 17 (g) if the relevant payment was made because, at that time, 18 subsection 101(4) of the Family Assistance Act applied to the 19 recipient--the determination referred to in paragraph 20 101(4)(a) of that Act. 21 Situation in which whole amount is a debt 22 (3) If: 23 (a) after the relevant payment was made to the recipient, a 24 relevant determination in relation to the recipient, at least so 25 far as it relates to 3 February 2009, is or was (however 26 described) changed, revoked, set aside, or superseded by 27 another determination; and 28 (b) the decision to change, revoke, set aside or supersede the 29 relevant determination is or was made for the reason, or for 30 reasons including the reason, that the recipient knowingly 31 made a false or misleading statement, or knowingly provided 32 false information; and 33 (c) had the change, revocation, setting aside or superseding 34 occurred on or before 3 February 2009, the relevant payment 35 would not have been made; 36 the amount of the relevant payment is a debt due to the 37 Commonwealth by the recipient. Household Stimulus Package Bill 2009 No. , 2009 23 [Page Break] 1 Situation in which part of amount is a debt 2 (4) If: 3 (a) after the relevant payment was made to the recipient, a 4 relevant determination in relation to the recipient, at least so 5 far as it relates to 3 February 2009, is or was (however 6 described) changed, revoked, set aside, or superseded by 7 another determination; and 8 (b) the decision to change, revoke, set aside or supersede the 9 relevant determination is or was made for the reason, or for 10 reasons including the reason, that the recipient knowingly 11 made a false or misleading statement, or knowingly provided 12 false information; and 13 (c) had the change, revocation, setting aside or superseding 14 occurred on or before 3 February 2009, the amount of the 15 relevant payment would have been reduced; 16 the amount by which the relevant payment would have been 17 reduced is a debt due to the Commonwealth by the recipient. 18 8 Paragraph 74(a) 19 Omit "or economic security strategy payment to families", substitute ", 20 economic security strategy payment to families, back to school bonus or 21 single income family bonus". 22 9 Subsection 82(3) (paragraph (a) of the definition of debt) 23 After "71J,", insert "71K,". 24 10 Subsection 93A(6) (at the end of the definition of family 25 assistance payment) 26 Add: 27 ; or (e) a payment of back to school bonus or single income family 28 bonus. 29 11 Subsection 106(3) 30 Omit "or economic security strategy payment to families", substitute ", 31 economic security strategy payment to families, back to school bonus or 32 single income family bonus". 33 12 Subsection 109D(4) 24 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] 1 Omit "or economic security strategy payment to families", substitute ", 2 economic security strategy payment to families, back to school bonus or 3 single income family bonus". 4 13 Paragraph 109D(5)(a) 5 Omit "or economic security strategy payment to families", substitute ", 6 economic security strategy payment to families, back to school bonus or 7 single income family bonus". 8 14 Section 219TA (at the end of the definition of relevant 9 benefit) 10 Add: 11 ; or (k) back to school bonus or single income family bonus. 12 Household Stimulus Package Bill 2009 No. , 2009 25 [Page Break] 1 2 Schedule 4--Administrative scheme for 3 household stimulus payments 4 5 1 Administrative scheme for household stimulus payments 6 (1) Subject to this item, a Minister administering: 7 (a) the A New Tax System (Family Assistance) Act 1999; or 8 (b) the Social Security Act 1991; or 9 (c) the Farm Household Support Act 1992; or 10 (d) the Veterans' Entitlements Act 1986; 11 may, by legislative instrument, determine a scheme under which 12 household stimulus payments may be made to persons in particular 13 circumstances. The Minister may, by legislative instrument, vary or 14 revoke the scheme. 15 (2) The circumstances in which the scheme provides for payments must be: 16 (a) circumstances: 17 (i) in which the Minister considers that Part 7 of the A New 18 Tax System (Family Assistance) Act 1999 or Part 2.18 of 19 the Social Security Act 1991 does not produce 20 appropriate results; and 21 (ii) that occur in the financial year starting on 1 July 2008; 22 or 23 (b) circumstances: 24 (i) in which the Minister considers that Division 14 of 25 Part 2.13A of the Social Security Act 1991 does not 26 produce appropriate results; and 27 (ii) that occur in the period starting on 1 July 2008 and 28 ending on the day on which that Division ceases to have 29 effect under section 665ZZE of that Act. 30 (3) Without limiting the generality of subitem (1), the scheme may deal 31 with the following: 32 (a) the circumstances in which payments are to be made; 33 (b) the amount of the payments; 34 (c) what a person has to do to get a payment; 35 (d) debt recovery; 26 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] 1 (e) administrative matters, such as determination of entitlement 2 and how and when payments will be made. 3 (4) Without limiting the generality of subparagraph (2)(a)(i), circumstances 4 in which the provisions referred to in that subparagraph do not produce 5 appropriate results may include the circumstance of an FTB child 6 (within the meaning of the A New Tax System (Family Assistance) Act 7 1999) aged 19 or 20 on 3 February 2009. 8 (5) Payments under the scheme are to be made out of the Consolidated 9 Revenue Fund, which is appropriated accordingly. 10 Household Stimulus Package Bill 2009 No. , 2009 27 [Page Break] 1 2 Schedule 5--Other amendments 3 4 Farm Household Support Act 1992 5 1 At the end of section 24A 6 Add: 7 Farmers hardship bonus disregarded 8 (8) To avoid doubt, in calculating a rate referred to in subsection (1), 9 any farmers hardship bonus under the Social Security Act 1991 is 10 to be disregarded. 11 2 At the end of section 24AA 12 Add: 13 Farmers hardship bonus disregarded 14 (10) To avoid doubt, in calculating a rate referred to in subsection (1), 15 any farmers hardship bonus under the Social Security Act 1991 is 16 to be disregarded. 17 3 At the end of section 24B 18 Add: 19 (5) To avoid doubt, in calculating a rate referred to in this section, any 20 farmers hardship bonus under the Social Security Act 1991 is to be 21 disregarded. 22 Income Tax Assessment Act 1936 23 4 Subsection 159J(6) (paragraph (ac) of the definition of 24 separate net income) 25 Omit "or economic security strategy payment to families", substitute ", 26 economic security strategy payment to families, back to school bonus or 27 single income family bonus". 28 5 Subsection 159J(6) (after paragraph (adah) of the definition 29 of separate net income) 28 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] 1 Insert: 2 (adai) does not include training and learning bonus or farmers 3 hardship bonus under the Social Security Act 1991; and 4 (adaj) does not include education entry payment supplement under 5 the Social Security Act 1991; and 6 (adak) does not include payments under the scheme determined 7 under Schedule 4 to the Household Stimulus Package Act 8 2009; and 9 Income Tax Assessment Act 1997 10 6 Section 11-15 (at the end of the table item headed "family 11 assistance") 12 Add: back to school bonus or single inco me family bonus........... 52-150 payments under the scheme determined under Schedule 4 to the Household Stimulus Package Act 2009 ........................................................................................ 52-165 13 7 Section 11-15 (table item headed "social security or like 14 payments") 15 After: economic security strategy payment under the Veterans' 52-65 Entitlements Act 1986.......................................................... 16 insert: education entry payment supplement under the Social Security Act 1991 ................................................................. 52-10 17 8 Section 11-15 (table item headed "social security or like 18 payments") 19 After: exceptional circu mstances relief, payment for ...................... 53-10 and 53-15 20 insert: farmers hardship bonus under the Social Security Act 1991 ........................................................................................ 52-10 21 9 Section 11-15 (table item headed "social security or like 22 payments") 23 After: Household Stimulus Package Bill 2009 No. , 2009 29 [Page Break] payments under a scheme determined under item 1 of Schedule 2 to the Social Security and Veterans' Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Act 2008.......... 52-10 1 insert: payments under the scheme determined under Schedule 4 to the Household Stimulus Package Act 2009 ........................................................................................ 52-165 2 10 Section 11-15 (table item headed "social security or like 3 payments") 4 After: social security payments............................................................ Subdivision 52-A 5 insert: training and learn ing bonus under the Social Security Act 1991 ................................................................................. 52-10 6 11 At the end of subsection 52-10(1) (before the note) 7 Add: 8 ; or (y) training and learning bonus under the Social Security Act 9 1991; or 10 (z) farmers hardship bonus under the Social Security Act 1991; 11 or 12 (za) education entry payment supplement under the Social 13 Security Act 1991. 14 12 After subsection 52-10(1F) 15 Insert: 16 (1G) Training and learning bonus under the Social Security Act 1991 is 17 exempt from income tax. 18 (1H) Farmers hardship bonus under the Social Security Act 1991 is 19 exempt from income tax. 20 (1J) Education entry payment supplement under the Social Security Act 21 1991 is exempt from income tax. 22 13 Subsection 52-150(1) 30 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] 1 Omit "or economic security strategy payment to families", substitute ", 2 economic security strategy payment to families, back to school bonus or 3 single income family bonus". 4 14 At the end of Subdivision 52-H 5 Add: 6 52-165 Household stimulus payments are exempt 7 Payments under the scheme determined under Schedule 4 to the 8 Household Stimulus Package Act 2009 are exempt from income 9 tax. 10 Social Security Act 1991 11 15 Paragraph 8(8)(jaa) 12 Omit "or economic security strategy payment to families", substitute ", 13 economic security strategy payment to families, back to school bonus or 14 single income family bonus". 15 16 After paragraph 8(8)(yi) 16 Insert: 17 (yj) a payment under the scheme determined under Schedule 4 to 18 the Household Stimulus Package Act 2009; 19 17 After section 1223ABAAA 20 Insert: 21 1223ABAAB Debts arising in respect of training and learning 22 bonuses etc. 23 (1) If: 24 (a) an individual has been paid a training and learning bonus, 25 farmers hardship bonus or an education entry payment 26 supplement; and 27 (b) after the payment was made to the individual, a 28 determination in relation to the individual, at least so far as it 29 relates to 3 February 2009 or to a period that includes that 30 day, is or was (however described) changed, revoked, set 31 aside, or superseded by another determination; and Household Stimulus Package Bill 2009 No. , 2009 31 [Page Break] 1 (c) the determination is one to which subsection (2) applies in 2 relation to the payment; and 3 (d) the decision to change, revoke, set aside or supersede the 4 determination is or was made for the reason, or for reasons 5 including the reason, that the individual knowingly made a 6 false or misleading statement, or knowingly provided false 7 information; and 8 (e) had the change, revocation, setting aside or superseding 9 occurred on or before 3 February 2009, the payment would 10 not have been made; 11 the amount of the payment is a debt due to the Commonwealth by 12 the individual. 13 (2) This subsection applies to: 14 (a) if the individual qualified for the payment because of 15 paragraph 910(2)(a), (b), (c) or (d) of this Act--a 16 determination made under Part 3 of the Administration Act 17 because of which the individual was receiving a payment of a 18 kind referred to in that paragraph; and 19 (b) if the individual qualified for the payment because of 20 paragraph 910(2)(e) of this Act--a determination (however 21 described) made under the ABSTUDY Scheme because of 22 which the individual was receiving a payment of a kind 23 referred to in that paragraph; and 24 (c) if the individual qualified for the payment because of 25 paragraph 910(2)(f) of this Act--a determination (however 26 described) made under the Veterans' Children Education 27 Scheme because of which the individual was receiving a 28 payment of a kind referred to in that paragraph; and 29 (d) if the individual qualified for the payment because of 30 paragraph 910(2)(g) of this Act--a determination (however 31 described) made under the Military Rehabilitation and 32 Compensation Act Education and Training Scheme because 33 of which the individual was receiving a payment of a kind 34 referred to in that paragraph; and 35 (e) if the individual qualified for the payment because of 36 subsection 910(4) of this Act--a determination made under 37 Part 3 of the Family Assistance Administration Act because 38 of which the individual was entitled to family tax benefit; and 39 (f) if the individual qualified for the payment because of 40 paragraph 912(a) or (b) of this Act--a determination made 32 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] 1 under Part 3 of the Farm Household Support Act 1992 2 because of which the individual was paid an instalment of a 3 payment of a kind referred to in that paragraph; and 4 (g) if the individual qualified for the payment because of 5 paragraph 912(c) of this Act--a determination (however 6 described) of the Commonwealth because of which the 7 individual was paid a payment of a kind referred to in that 8 paragraph; and 9 (h) if the individual qualified for the payment because of 10 section 665ZZA of this Act--a determination made under 11 Part 3 of the Administration Act because of which the 12 individual was qualified for an education entry payment. 13 (3) If: 14 (a) the Secretary has paid a person's training and learning bonus 15 to another person (the recipient) under subsection 47C(3) or 16 (4) of the Administration Act; and 17 (b) the reason why, or one of the reasons why, the Secretary 18 decided to pay the bonus to the recipient was that the 19 recipient made a particular statement or provided particular 20 information; and 21 (c) after the payment is made, the Secretary becomes satisfied 22 that: 23 (i) the statement or information is false or misleading; and 24 (ii) the recipient made the statement, or provided the 25 information, knowing that it was false or misleading; 26 and 27 (iii) the bonus should have been paid to a person other than 28 the recipient; 29 the amount of the payment is a debt due to the Commonwealth by 30 the recipient. 31 (4) Apart from section 1224AA, the other provisions of this Part under 32 which debts arise do not apply in relation to payments to which this 33 section applies. 34 Social Security (Administration) Act 1999 35 18 Section 123TC 36 Insert: Household Stimulus Package Bill 2009 No. , 2009 33 [Page Break] 1 household stimulus payment means: 2 (a) a training and learning bonus under Division 1 of Part 2.18 of 3 the 1991 Act; or 4 (b) a farmers hardship bonus under Division 2 of Part 2.18 of the 5 1991 Act; or 6 (c) an education entry payment supplement under Division 14 of 7 Part 2.13A of the 1991 Act; or 8 (d) a back to school bonus or single income family bonus under 9 Part 7 of the Family Assistance Act; or 10 (e) a payment under the scheme determined under Schedule 4 to 11 the Household Stimulus Package Act 2009. 12 19 Subdivision DB of Division 5 of Part 3B (heading) 13 Repeal the heading, substitute: 14 Subdivision DB--Economic security strategy payments and 15 household stimulus payments 16 20 At the end of Subdivision DB of Division 5 of Part 3B 17 Add: 18 123XPD Deductions from household stimulus payme nts 19 Scope 20 (1) This section applies if: 21 (a) a person is subject to the income management regime; and 22 (b) a household stimulus payment is payable to the person. 23 Deductions from household stimulus payments 24 (2) The following provisions have effect: 25 (a) the Secretary must deduct from the household stimulus 26 payment the deductible portion of the payment; 27 (b) an amount equal to the deductible portion of the payment is 28 credited to the Special Account; 29 (c) an amount equal to the deductible portion of the payment is 30 credited to the person's income management account. 34 Household Stimulus Package Bill 2009 No. , 2009 [Page Break] 1 (3) For the purposes of subsection (2), the deductible portion of a 2 household stimulus payment is 100% of the amount of the 3 payment. 4 Veterans' Entitlements Act 1986 5 21 Paragraph 5H(8)(paa) 6 Omit "or economic security strategy payment to families", substitute ", 7 economic security strategy payment to families, back to school bonus or 8 single income family bonus". 9 22 At the end of subsection 5H(8) 10 Add: 11 ; (zzg) a payment under the scheme determined under Schedule 4 to 12 the Household Stimulus Package Act 2009. Household Stimulus Package Bill 2009 No. , 2009 35