Commonwealth Numbered Acts

HOUSEHOLD STIMULUS PACKAGE ACT (NO. 2) 2009 (NO. 4, 2009) - SCHEDULE 5

Farm Household Support Act 1992

1  At the end of section 24A

Add:

Farmers hardship bonus disregarded

             (8)  To avoid doubt, in calculating a rate referred to in subsection (1), any farmers hardship bonus under the Social Security Act 1991 is to be disregarded.

2  At the end of section 24AA

Add:

Farmers hardship bonus disregarded

           (10)  To avoid doubt, in calculating a rate referred to in subsection (1), any farmers hardship bonus under the Social Security Act 1991 is to be disregarded.

3  At the end of section 24B

Add:

             (5)  To avoid doubt, in calculating a rate referred to in this section, any farmers hardship bonus under the Social Security Act 1991 is to be disregarded.

Income Tax Assessment Act 1936

4  Subsection 159J(6) (paragraph (ac) of the definition of separate net income )

Omit "or economic security strategy payment to families", substitute ", economic security strategy payment to families, back to school bonus or single income family bonus".

5  Subsection 159J(6) (after paragraph (adah) of the definition of separate net income )

Insert:

                 (adai)  does not include training and learning bonus or farmers hardship bonus under the Social Security Act 1991 ; and

                 (adaj)  does not include education entry payment supplement under the Social Security Act 1991 ; and

                (adak)  does not include payments under the scheme determined under Schedule 4 to the Household Stimulus Package Act 2009 ; and

Income Tax Assessment Act 1997

6  Section 11‑15 (at the end of the table item headed "family assistance")

Add:

7  Section 11‑15 (table item headed "social security or like payments")

After:

insert:

8  Section 11‑15 (table item headed "social security or like payments")

After:

insert:

9  Section 11‑15 (table item headed "social security or like payments")

After:

insert:

10  Section 11‑15 (table item headed "social security or like payments")

After:

insert:

11  At the end of subsection 52‑10(1) (before the note)

Add:

               ; or (y)  training and learning bonus under the Social Security Act 1991 ; or

                      (z)  farmers hardship bonus under the Social Security Act 1991 ; or

                    (za)  education entry payment supplement under the Social Security Act 1991 .

12  After subsection 52‑10(1F)

Insert:

          (1G)  Training and learning bonus under the Social Security Act 1991 is exempt from income tax.

          (1H)  Farmers hardship bonus under the Social Security Act 1991 is exempt from income tax.

           (1J)  Education entry payment supplement under the Social Security Act 1991 is exempt from income tax.

13  Subsection 52‑150(1)

Omit "or economic security strategy payment to families", substitute ", economic security strategy payment to families, back to school bonus or single income family bonus".

14  At the end of Subdivision 52‑H

Add:

52‑165   Household stimulus payments are exempt

                   Payments under the scheme determined under Schedule 4 to the Household Stimulus Package Act 2009 are exempt from income tax.

Social Security Act 1991

15  Paragraph 8(8)(jaa)

Omit "or economic security strategy payment to families", substitute ", economic security strategy payment to families, back to school bonus or single income family bonus".

16  After paragraph 8(8)(yi)

Insert:

                     (yj)  a payment under the scheme determined under Schedule 4 to the Household Stimulus Package Act 2009 ;

17  After section 1223ABAAA

Insert:

1223ABAAB   Debts arising in respect of training and learning bonuses etc.

             (1)  If:

                     (a)  an individual has been paid a training and learning bonus, farmers hardship bonus or an education entry payment supplement; and

                     (b)  after the payment was made to the individual, a determination in relation to the individual, at least so far as it relates to 3 February 2009 or to a period that includes that day, is or was (however described) changed, revoked, set aside, or superseded by another determination; and

                     (c)  the determination is one to which subsection (2) applies in relation to the payment; and

                     (d)  the decision to change, revoke, set aside or supersede the determination is or was made for the reason, or for reasons including the reason, that the individual knowingly made a false or misleading statement, or knowingly provided false information; and

                     (e)  had the change, revocation, setting aside or superseding occurred on or before 3 February 2009, the payment would not have been made;

the amount of the payment is a debt due to the Commonwealth by the individual.

             (2)  This subsection applies to:

                     (a)  if the individual qualified for the payment because of paragraph 910(2)(a), (b), (c) or (d) of this Act--a determination made under Part 3 of the Administration Act because of which the individual was receiving a payment of a kind referred to in that paragraph; and

                     (b)  if the individual qualified for the payment because of paragraph 910(2)(e) of this Act--a determination (however described) made under the ABSTUDY Scheme because of which the individual was receiving a payment of a kind referred to in that paragraph; and

                     (c)  if the individual qualified for the payment because of paragraph 910(2)(f) of this Act--a determination (however described) made under the Veterans' Children Education Scheme because of which the individual was receiving a payment of a kind referred to in that paragraph; and

                     (d)  if the individual qualified for the payment because of paragraph 910(2)(g) of this Act--a determination (however described) made under the Military Rehabilitation and Compensation Act Education and Training Scheme because of which the individual was receiving a payment of a kind referred to in that paragraph; and

                     (e)  if the individual qualified for the payment because of subsection 910(4) of this Act--a determination made under Part 3 of the Family Assistance Administration Act because of which the individual was entitled to family tax benefit; and

                      (f)  if the individual qualified for the payment because of paragraph 912(a) or (b) of this Act--a determination made under Part 3 of the Farm Household Support Act 1992 because of which the individual was paid an instalment of a payment of a kind referred to in that paragraph; and

                     (g)  if the individual qualified for the payment because of paragraph 912(c) of this Act--a determination (however described) of the Commonwealth because of which the individual was paid a payment of a kind referred to in that paragraph; and

                     (h)  if the individual qualified for the payment because of section 665ZZA of this Act--a determination made under Part 3 of the Administration Act because of which the individual was qualified for an education entry payment.

             (3)  If:

                     (a)  the Secretary has paid a person's training and learning bonus to another person (the recipient ) under subsection 47C(3) or (4) of the Administration Act; and

                     (b)  the reason why, or one of the reasons why, the Secretary decided to pay the bonus to the recipient was that the recipient made a particular statement or provided particular information; and

                     (c)  after the payment is made, the Secretary becomes satisfied that:

                              (i)  the statement or information is false or misleading; and

                             (ii)  the recipient made the statement, or provided the information, knowing that it was false or misleading; and

                            (iii)  the bonus should have been paid to a person other than the recipient;

the amount of the payment is a debt due to the Commonwealth by the recipient.

             (4)  Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to payments to which this section applies.

Social Security (Administration) Act 1999

18  Section 123TC

Insert:

"household stimulus payment" means:

                     (a)  a training and learning bonus under Division 1 of Part 2.18 of the 1991 Act; or

                     (b)  a farmers hardship bonus under Division 2 of Part 2.18 of the 1991 Act; or

                     (c)  an education entry payment supplement under Division 14 of Part 2.13A of the 1991 Act; or

                     (d)  a back to school bonus or single income family bonus under Part 7 of the Family Assistance Act; or

                     (e)  a payment under the scheme determined under Schedule 4 to the Household Stimulus Package Act 2009 .

19  Subdivision DB of Division 5 of Part 3B (heading)

Repeal the heading, substitute:

Subdivision DB -- Economic security strategy payments and household stimulus payments

20  At the end of Subdivision DB of Division 5 of Part 3B

Add:

123XPD   Deductions from household stimulus payments

Scope

             (1)  This section applies if:

                     (a)  a person is subject to the income management regime; and

                     (b)  a household stimulus payment is payable to the person.

Deductions from household stimulus payments

             (2)  The following provisions have effect:

                     (a)  the Secretary must deduct from the household stimulus payment the deductible portion of the payment;

                     (b)  an amount equal to the deductible portion of the payment is credited to the Special Account;

                     (c)  an amount equal to the deductible portion of the payment is credited to the person's income management account.

             (3)  For the purposes of subsection (2), the deductible portion of a household stimulus payment is 100% of the amount of the payment.

Veterans' Entitlements Act 1986

21  Paragraph 5H(8)(paa)

Omit "or economic security strategy payment to families", substitute ", economic security strategy payment to families, back to school bonus or single income family bonus".

22  At the end of subsection 5H(8)

Add:

                ; (zzg)  a payment under the scheme determined under Schedule 4 to the Household Stimulus Package Act 2009 .

[ Minister's second reading speech made in--

House of Representatives on 12 February 2009

Senate on 13 February 2009 ]