Commonwealth Consolidated Acts

FARM HOUSEHOLD SUPPORT ACT 1992

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Interpretation  
   4.      Certificate of inability to obtain finance  
   5.      Severe financial hardship  
   6.      Objects of exceptional circumstances relief payment and farm help income support  
   6AA.    Application of the Criminal Code  

   PART 1A--ENDING FARM HOUSEHOLD SUPPORT, FARM HELP INCOME SUPPORT AND EXCEPTIONAL CIRCUMSTANCES RELIEF PAYMENTS FOR SMALL BUSINESSES

   6A.     Ending farm household support  
   6B.     Ending farm help income support  
   6C.     Ending exceptional circumstances relief payments for small businesses  

   PART 2--QUALIFICATION FOR AND PAYABILITY OF FARM HOUSEHOLD SUPPORT, EXCEPTIONAL CIRCUMSTANCES RELIEF PAYMENT OR FARM HELP INCOME SUPPORT

           Division 1--Qualification for farm household support

   7.      Qualification for farm household support  
   8.      Persons not qualified if they have received farm household support for 2 years etc.  

           Division 1A--Qualification for exceptional circumstances relief payment

   8A.     Qualification for exceptional circumstances relief payment  

           Division 1B--Qualification for farm help income support

   8B.     Qualification for farm help income support  
   8C.     Persons not qualified if Secretary determines that they do not effectively control farm enterprises  
   8D.     Persons not qualified if they have received farm help income support for 1 year  
   8E.     Persons not qualified in relation to later claims for farm help income support in certain circumstances  
   8F.     Persons not qualified because farm help income support interrupted by exceptional circumstances relief payment  

           Division 2--Situations in which farm household support, exceptional circumstances relief payment or farm help income support is not payable

   9.      Overview of rules about non-payability  
   9A.     Farm household support not payable if exceptional circumstances relief payment is payable  
   9B.     Farm help income support not payable if farm household support or exceptional circumstances relief payment is payable  
   10.     Assets test  
   11.     Full-time students  
   12.     Multiple entitlement exclusion  
   13.     Commonwealth funded employment program exclusion  
   13A.    Obligation to obtain advice  

   PART 3--CLAIM FOR FARM HOUSEHOLD SUPPORT, EXCEPTIONAL CIRCUMSTANCES RELIEF PAYMENT OR FARM HELP INCOME SUPPORT

   14.     Need for a claim  
   15.     Form of claim  
   16.     Lodgment of claim  
   17.     Claimant must be Australian resident and in Australia  
   18.     Secretary to determine claim  
   19.     Grant of claim  
   20.     Date of effect of determination  

   PART 4--RATE OF FARM HOUSEHOLD SUPPORT, EXCEPTIONAL CIRCUMSTANCES RELIEF PAYMENT OR FARM HELP INCOME SUPPORT

           Division 1--Rate of farm household support

              Subdivision A--Maximum fortnightly rate

   21.     Maximum fortnightly rate of farm household support--to be determined by Secretary  

              Subdivision B--Applicable rate

   23.     Declaration by applicant or recipient  
   24.     Applicable rate  

           Division 2--Rate of exceptional circumstances relief payment

   24A.    Rate of exceptional circumstances relief payment--how worked out for farmers  
   24AA.   Rate of exceptional circumstances relief payment--how worked out for small business operators  

           Division 3--Rate of farm help income support

   24B.    Rate of farm help income support--how worked out  

   PART 5--PAYMENT OF FARM HOUSEHOLD SUPPORT, EXCEPTIONAL CIRCUMSTANCES RELIEF PAYMENT OR FARM HELP INCOME SUPPORT

   25.     Commencement of payment  
   26.     Support to be by way of grant  
   26A.    Exceptional circumstances relief payment to be by way of grant  
   26B.    Farm help income support to be by way of grant  
   27.     Rate at which farm household support payable  
   28.     Instalments  
   29.     Amount of instalments of farm household support  
   29A.    Amount of instalments of exceptional circumstances relief payment  
   29B.    Amount of instalments of farm help income support  
   30.     Rounding off instalment  
   31.     Instalment to be paid to person or nominee  
   32.     Method of payment  
   33.     Where instalment payable on public holiday etc.  

   PART 6--FORMER RAS

           Division 1--General

   34.     Former RAS (Part C) beneficiary not required to make a claim under Part 3 but may do so  

           Division 2--Entitlement to farm household support when no claim made under Part 3

   35.     Application  
   36.     Qualification for farm household support  
   37.     Certain provisions of Act not applicable  
   38.     Commencement of farm household support  
   39.     Amount of instalment of farm household support  

   PART 7--RECIPIENT'S OBLIGATIONS

   41.     Secretary may require notice of the happening of an event or a change in circumstances  
   42.     Secretary may require recipient to give particular information relevant to payment of farm household support, exceptional circumstances relief payment or farm help income support  

   PART 8--TERMINATION OF FARM HOUSEHOLD SUPPORT, EXCEPTIONAL CIRCUMSTANCES RELIEF PAYMENT OR FARM HELP INCOME SUPPORT

   43.     Automatic termination--social security benefit etc. payable  
   44.     Automatic termination--recipient complying with section 41 notification obligations  
   45.     Automatic termination--recipient not complying with section 41 notification obligations  
   46.     Automatic termination--failure to provide section 42 statement  
   47.     Termination--determination by Secretary that recipient no longer in need  
   48.     Termination--at request of recipient or if recipient ceases to be qualified  
   49.     Termination--death of recipient  
   49A.    Automatic termination--overseas absence  
   50.     Automatic termination--exceptional circumstances relief payment received  
   51.     Automatic termination--failure to obtain advice on financial outlook or develop activity plan  
   52.     Termination by the Secretary--failure to comply with an activity plan  

   PART 9A--FARM HELP RE-ESTABLISHMENT GRANT SCHEME

   52A.    Farm help re-establishment grant scheme  
   52AA.   Where there is a return to farming  
   52AB.   Secretary may require re-establishment grant recipient to notify if events or circumstances indicative of a return to farming or a change of address occur  
   52AC.   Secretary may require re-establishment grant recipient to give a statement about whether returned to farming  

   PART 9B--FARM HELP ADVICE AND TRAINING SCHEME

   52B.    Farm help advice and training scheme  

   PART 9C--DAIRY EXIT PAYMENTS

   52C.    DEP scheme  

   PART 10--MISCELLANEOUS

   53.     Delegation of powers  
   53A.    Delegation by Secretary: references to the Secretary and the Department  
   54.     General power to obtain information  
   54A.    Conversion of farm household support payments into grants  
   55.     Farm household support, exceptional circumstances relief payment, dairy exit payments and farm help scheme payments to be inalienable  
   55A.    Effect of garnishee or attachment order  
   56.     Recovery of overpayments  
   57.     Source of funds for payments  
   57A.    Payments to RAS authorities--reimbursement of costs of issuing drought exceptional circumstances certificates  
   58.     Regulations  

   PART 11--AMENDMENTS OF THE SOCIAL SECURITY ACT 1991

   60.     Amendments of the Social Security Act 1991