Commonwealth Numbered Acts

SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SCHEDULE 3

                               SCHEDULE 3                   Section 5

AMENDMENTS RELATING TO PARTNER ALLOWANCE
PART 1-AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 1. Subsection 23(1)
(paragraph (f) of the definition of "assurance of support debt"): After the
paragraph, insert:

"(fa) partner allowance under Part 2.15A of this Act; or". 2. Subsection
771HA(1): Omit "subsections (2) and (3)", substitute "subsections (1A), (2)
and (3)". 3. Paragraph 771HA(1)(c): Omit the paragraph, substitute:

"(c) the person's partner is receiving job search allowance, newstart
allowance, sickness allowance, special benefit, rehabilitation allowance, age
pension, disability support pension, disability wage supplement or mature age
allowance; and;". 4. After paragraph 771HA(1)(d): Insert:

"; and (e) the person was born on or before 1 July 1955; and

   (f)  the person does not have a dependent child who is under 16 years old;
        and

   (g)  the person has not received job search allowance, newstart allowance
        or sickness allowance at any time in the 13 week period immediately
        before the day on which the person claimed partner allowance; and

   (h)  the person does not have recent workforce experience.". 5. After
        subsection 771HA(1): Insert:

"(1A) If the Secretary determines under section 771JA that a person's claim
for partner allowance is to be granted, the person's partner need not satisfy
the requirements of paragraph (1)(c) in order for the person to remain
qualified for the allowance.

"(1B) For the purposes of paragraph (1)(c), if the person's partner:

   (a)  would be receiving job search allowance but for the imposition of a
        period of non-payment under paragraph 526(1)(j) (other than
        subparagraph 526(1)(j)(viii)); or

   (b)  would be receiving newstart allowance but for the imposition of a
        period of non-payment under paragraph 608(1)(j) (other than
        subparagraph 608(1)(j)(x)); the partner is taken to be receiving job
        search allowance or newstart allowance.

"(1C) In paragraph (1)(h):
'recent workforce experience' means:

   (a)  employment for 20 hours or more in each of 13 or more weeks in the 12
        months immediately before the day on which the person claims partner
        allowance; or

   (b)  employment for 20 hours or more in the week immediately before the day
        on which the person claims partner allowance.". 6. Subparagraph
        771HE(4)(b)(iii): Omit "subparagraph (1)(c)(ii)", substitute
        "subparagraph (1)(b)(ii)". 7. Paragraph 771NA(1)(c): Omit "771NC,". 8.
        Section 771NC: Repeal the section. 9. Paragraph 771NH(b): After
        "benefit" insert "or a social security pension". 10. Paragraph
        771NH(c): After "benefit" insert "or pension". 11. Section 771NH:
        After "benefit" (last occurring) insert "or pension". 12. Subsection
        771NU(1): Omit the subsection, substitute:

"(1) If:

   (a)  a person is receiving partner allowance; and

   (b)  the person's partner dies; and

   (c)  immediately before the deceased partner died:

        (i)    if the deceased partner was receiving a social security pension
               or a service pension-the deceased partner was a long-term
               social security recipient; or

        (ii)   if the deceased partner was receiving a social security
               benefit-each partner was a long-term social security recipient;
               the surviving partner remains qualified for partner allowance
               during the bereavement period as if:

   (d)  the deceased partner had not died; and

   (e)  the deceased partner had continued to receive job search allowance,
        newstart allowance, sickness allowance, special benefit,
        rehabilitation allowance, age pension, disability support pension,
        disability wage supplement or mature age allowance; and

   (f)  the surviving partner and the deceased partner had continued to be
        members of a couple.". 13. After paragraph 771NU(3)(d): Insert:

"; (e) if the deceased partner was receiving rehabilitation allowance, age
pension, disability support pension, disability wage supplement or mature age
allowance immediately before he or she died, the rate of partner allowance is
the rate at which job search allowance would have been payable to the
surviving partner if:

        (i)    the surviving partner had been qualified for job search
               allowance; and

        (ii)   the surviving partner was not a member of a couple.". 14.
               Paragraph 771NV(1)(c): Omit "he or she", substitute "the
               deceased partner". 15. Subsection 771NX(1) (Lump Sum
               Calculator-Method statement-Steps 1 and 2): Omit Steps 1 and 2,
               substitute:

"Step 1. Work out the amount that would have been payable to the surviving
partner on the surviving partner's payday immediately before the first
available bereavement adjustment payday if:

   (a)  the deceased partner had not died; and

   (b)  if immediately before the partner's death the couple were an illness
        separated couple or a respite care couple-they were not such a couple.
        Note: For 'illness separated couple' and 'respite care couple' see
        subsections 4(7) and 4(8) respectively. Step 2. Work out the amount
        that would have been payable to the deceased partner on the deceased
        partner's payday immediately before the first available bereavement
        adjustment payday if:

   (a)  the deceased partner had not died; and

   (b)  if immediately before the partner's death the couple were an illness
        separated couple or a respite care couple-they were not such a couple.
        Note: For 'illness separated couple' and 'respite care couple' see
        subsections 4(7) and 4(8) respectively.". 16. Subsection 771NX(1)
        (Lump Sum Calculator-Method statement-Step 4): Omit "or (5)",
        substitute ", (5) or (6)". 17. Subsection 771NX(1) (Lump Sum
        Calculator-Method statement-Note to Step 4): Omit "or special
        benefit", substitute ", special benefit, rehabilitation allowance, age
        pension, disability support pension, disability wage supplement or
        mature age allowance". 18. Subsection 771NX(1) (Lump Sum
        Calculator-Method statement-Step 6): Omit "lump sum bereavement",
        substitute "bereavement lump sum". 19. Section 771NX: Add at the end:
        Deceased partner receiving other social security payment

"(6) If, immediately before the deceased partner died, he or she was receiving
rehabilitation allowance, age pension, disability support pension, disability
wage supplement or mature age allowance, the surviving partner's notional rate
is the amount of job search allowance that would have been payable to the
surviving partner on the surviving partner's payday immediately before the
first available bereavement adjustment payday if:

   (a)  job search allowance had been payable to the surviving partner on that
        payday; and

   (b)  the surviving partner was not a member of a couple on that payday.".
        20. Section 771NY (Lump Sum Calculator-Method statement -Steps 1 and
        2): Omit Steps 1 and 2, substitute:

"Step 1. Work out the amount that would have been payable to the surviving
partner on the surviving partner's payday immediately after the day on which
the surviving partner died if:

   (a)  neither the surviving partner nor the deceased partner had died; and

   (b)  if immediately before the deceased partner's death the couple were an
        illness separated couple or a respite care couple-they were not such a
        couple. Note: For 'illness separated couple' and 'respite care couple'
        see subsections 4(7) and 4(8) respectively. Step 2. Work out the
        amount that would have been payable to the deceased partner on the
        surviving partner's payday immediately after the day on which the
        surviving partner died if:

   (a)  neither the surviving partner nor the deceased partner had died; and

   (b)  if immediately before the deceased partner's death the couple were an
        illness separated couple or a respite care couple-they were not such a
        couple. Note: For 'illness separated couple' and 'respite care couple'
        see subsections 4(7) and 4(8) respectively.". 21. Section 771NY (Lump
        Sum Calculator-Method statement-Step 4): Omit "section 589A",
        substitute "section 771NU". 22. After section 771NZ: Insert in Part
        2.15A:

"Division 10-Fringe benefits Fringe benefits

"771NZA.(1) A person is qualified for fringe benefits if:

   (a)  the person is receiving partner allowance; and

   (b)  at all times during the last 12 months the person has been receiving
        any of the following:

        (i)    a social security pension;

        (ii)   a social security benefit;

        (iii)  a service pension; and

   (c)  the person has turned 60; and

   (d)  the person is an Australian resident; and

   (e)  the person is in Australia. Note: For 'Australian resident' see
        subsections 7(2) and (3).

"(2) If a person is qualified for fringe benefits, benefits and concessions of
various kinds may be made available to the person by the Commonwealth, State
and Territory governments and authorities and local authorities. Note: For an
example of Commonwealth benefits and concessions see the
National Health Act 1953.". 23. Paragraph 1061Q(3)(a): After "sickness
allowance" insert ", partner allowance". 24. Paragraph 1187(1A)(b): After "the
person" insert ", or in respect of the person,". 25. Subsection 1223AA(2):
Omit "or 755", substitute ", 755 or 771KL". 26. Schedule 1A: Add at the end:
Partner allowance for persons born on or before 1 July 1955 (changes made on 1
July 1995)

"74.(1) If:

   (a)  a person was receiving partner allowance immediately before 1 July
        1995; and

   (b)  the person was born on or before 1 July 1955; the person need not
        satisfy paragraph 771HA(1)(h) in order to be qualified for partner
        allowance.

"(2) If partner allowance ceases to be payable to a person referred to in
subclause (1):

   (a)  that subclause ceases to apply to the person; and

   (b)  cannot apply to the person again. Job search allowance or newstart
        allowance for persons born on or before 1 July 1955 (changes made on 1
        July 1995)

"75.(1) This clause applies to a person if:

   (a)  immediately before 1 July 1995, the person was receiving partner
        allowance; and

   (b)  on 1 July 1995, the person ceased to qualify for partner allowance
        because of paragraph 771HA(1)(e), (f) or (g); and

   (c)  on 1 July 1995, the person's partner was receiving job search
        allowance or newstart allowance; and

   (d)  the person is assessed by the Employment Secretary to be at risk of
        long-term unemployment.

"(2) A person to whom this clause applies is, for the purposes of subparagraph
593(1)(g)(iv) and paragraph 593(1)(h), taken to have been registered by the
CES in an allowance category as being unemployed throughout the period that
his or her partner is registered by the CES in an allowance category as being
unemployed.

"(3) If job search allowance or newstart allowance ceases to be payable to a
person to whom this clause applies:

   (a)  this clause ceases to apply to the person; and

   (b)  cannot apply to the person again.".
PART 2-AMENDMENTS OF OTHER ACTS Health Insurance Act 1973 27. Subsection
3(1)(definition of "DSS benefit dependant"): Omit the definition, substitute:

" 'DSS benefit dependant' in relation to the recipient of newstart allowance,
job search allowance, sickness allowance or special benefit under the
Social Security Act 1991 means:

   (a)  a person in respect of whom the benefit or allowance rate of the
        recipient or the recipient's partner is increased by way of dependent
        child add-on; or

   (b)  a person who is the recipient's partner and who receives a partner
        allowance;". 28. Subsection 3(1) (definition of "DSS benefit
        dependant"): Omit the definition, substitute:

" 'DSS benefit dependant' in relation to the recipient of a newstart
allowance, job search allowance, sickness allowance or special benefit under
the Social Security Act 1991, means a person in respect of whom the benefit or
allowance rate of the recipient or the recipient's partner is increased by way
of dependent child add-on;". 29. Subsection 3(1AAA): Add at the end:

"; or (c) a partner allowance under that Act.". 30. After paragraph 4D(1)(e):
Insert:

"or (f) partner allowance;". 31. Paragraph 5D(1)(a): After "job search
allowance" insert ", a partner allowance". 32. Paragraph 5D(1A)(b): After "job
search allowance" insert ", a partner allowance". 33. Subsection 5D(8):
Insert:

" 'partner allowance' means partner allowance under the Social Security
Act 1991;". Income Tax Assessment Act 1936 34. Subsection 24ABL(2): Omit the
subsection, substitute:

"(2) Payments under section 589B of the Social Security Act 1991 (which deals
with bereavement payments) are exempt.". 35. Subsection 24ABM(2): Omit the
subsection, substitute:

"(2) Payments under section 660LB of the Social Security Act 1991 (which deals
with bereavement payments) are exempt.". 36. Subsection 24ABO(2): Omit the
subsection, substitute:

"(2) Payments under section 728PB of the Social Security Act 1991 (which deals
with bereavement payments) are exempt.". 37. Subsection 24ABP(2): Omit the
subsection, substitute:

"(2) Payments under section 768B of the Social Security Act 1991 (which deals
with bereavement payments) are exempt.". 38. Subsection 160AAA(1) (paragraph
(b) of definition of "rebatable pension"): Omit "or 2.15", substitute ", 2.15
or 2.15A". National Health Act 1953 39. Subsection 4(1) (subparagraph
(aa)(iii) of the definition of "pensioner"): After "in receipt of" insert
"widow allowance,". 40. Subsection 4(1) (subparagraph (aa)(iii) of the
definition of "pensioner"): Omit "widow allowance, unemployment benefit or
special benefit", substitute "social security benefit (within the meaning of
the Social Security Act 1991)".