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SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SCHEDULE 4
SCHEDULE 4 Section 6
AMENDMENTS RELATING TO WIDOW ALLOWANCE
PART 1-AMENDMENT TO INSERT NEW PART 2.8A DEALING WITH WIDOW
ALLOWANCE IN THE SOCIAL SECURITY ACT 1991 1. After Part 2.8: Insert:
"PART 2.8A-WIDOW ALLOWANCE
"Division 1-Time limit on grants of widow allowance Time limit on grants
"408AA. A woman is not to be granted widow allowance on or after 1 July 2005
unless she was born before 1 July 1955.
"Division 2-Qualification for and payability of widow allowance
"Subdivision A-Qualification Qualification for widow allowance
"408BA.(1) Subject to section 408BB, a woman is qualified for widow allowance
in respect of a period if:
(a) she turned 50 after 1 July 1987 but before 1 January 1995; and
(b) she was a member of a couple and since turning 50 but before 1 January
1995:
(i) her partner died; or
(ii) she separated from her partner; or
(iii) she divorced from her husband; and
(c) she makes a claim for the allowance before 1 January 1995; and
(d) immediately before 1 January 1995, she was receiving a social security
pension or a social security benefit; and
(e) throughout the period, she:
(i) is not a member of a couple; and
(ii) is an Australian resident or has a qualifying residence
exemption for widow allowance; and
(iii) is in Australia. Note 1: For 'member of a couple' see section
4. Note 2: For 'Australian resident' and 'qualifying residence
exemption' see section 7. Note 3: A woman may be temporarily
absent from Australia for up to 3 months and nevertheless be
treated as being in Australia for the purpose of this section
(see subsection (4)).
"(2) Subject to section 408BB, a woman is qualified for widow allowance in
respect of a period if:
(a) she has turned 50; and
(b) she was a member of a couple and since turning 50:
(i) her partner died; or
(ii) she separated from her partner; or
(iii) she divorced from her husband; and
(c) she satisfies the Secretary that she has no recent workforce
experience on the day when she makes her claim for the allowance; and
(d) at least one of the following is satisfied:
(i) the woman has been an Australian resident for a continuous
period of at least 26 weeks immediately before the day she
lodged the claim for the allowance; or
(ii) she has, at any time, been an Australian resident for a
continuous period of at least 10 years; or
(iii) she has a qualifying residence exemption for widow allowance;
or
(iv) both the woman and her partner were Australian residents at the
time when the qualifying event under paragraph (b) occurred;
and
(e) throughout the period, she:
(i) is not a member of a couple; and
(ii) is in Australia. Note 1: For 'recent workforce experience' see
subsection (3). Note 2: For 'Australian resident' and
'qualifying residence exemption' see section 7. Note 3: A woman
may be temporarily absent from Australia for up to 3 months and
nevertheless be treated as being in Australia for the purposes
of this section (see subsection (4)). Note 4: For 'member of a
couple' see section 4.
"(3) For the purposes of subsection (2), recent workforce experience is
employment of 20 hours or more a week for a total of 13 weeks or more at any
time during the 12 months immediately before the day the woman lodged the
claim for the allowance.
"(4) If a woman is temporarily absent from Australia, she is to be treated,
for the purposes of subsection (1) or (2), as if she were in Australia:
(a) if the temporary absence is no longer than 3 months-throughout that
period; and
(b) in any other case-throughout the first 3 months of that period.
"(5) For the purpose of determining under subsection (4) if an absence is
temporary, regard must be had to the following:
(a) the purpose of the absence;
(b) the intended duration of the absence;
(c) the frequency of such absences. Assurance of support
"408BB. A woman is not qualified for widow allowance in respect of a period if
the Secretary is satisfied that:
(a) an assurance of support is in force in respect of the woman for that
period; and
(b) throughout the period the person who gave the assurance of support is
likely to be willing and able to provide an adequate level of support
to the woman; and
(c) throughout the period it would be reasonable for the woman to accept
that support. Note: For 'assurance of support' see subsection 23(1).
"Subdivision B-Payability Widow allowance not payable in some circumstances
"408CA.(1) Even though a woman is qualified for widow allowance, the allowance
may not be payable to her because:
(a) the allowance has not commenced to be payable (see sections 408CB and
408GA); or
(b) she has not provided a tax file number (see section 408CD); or
(c) the value of her assets exceeds her assets value limit (see section
408CE); or
(d) a pension or another benefit is being paid to her (see section 408CF);
or
(e) she is receiving a payment under certain educational schemes (see
section 408CF); or
(f) she is receiving payments under a LEAP program (see section 408CF); or
(g) she is receiving payments under a scheme providing allowances to
refugees (see section 408CF); or
(h) she is receiving income that is paid by a community or group from
funds provided under a Commonwealth funded employment program (see
section 408CG); or
(i) she is in gaol (see Part 3.13); or
(j) she is subject to a compensation preclusion period (see Part 3.14).
"(2) A widow allowance is not payable to a woman if her widow allowance rate
would be nil. Widow allowance generally not payable before claim
"408CB. Widow allowance is not payable to a woman before her provisional
commencement day (identified under section 408CC). Provisional commencement
day General rule
"408CC.(1) A woman's provisional commencement day is:
(a) 1 January 1995; or
(b) subject to subsections (2) to (6), the day on which she claims widow
allowance; whichever occurs later. Initial incorrect or inappropriate
claim followed by claim for widow allowance
"(2) If:
(a) a woman makes a claim (the 'initial claim') for:
(i) a social security or service pension or a social security
benefit; or
(ii) a pension, allowance, benefit or other payment under another
Act, or under a program administered by the Commonwealth, that
is similar in character to widow allowance; and
(b) on the day on which she makes the initial claim, she is qualified for
widow allowance; and
(c) she subsequently lodges a claim for widow allowance; and
(d) the Secretary is satisfied that it is reasonable for this subsection
to apply to her; the woman's provisional commencement day is the day
on which she made the initial claim. Transferees
"(3) If:
(a) a woman is a transferee to widow allowance; and
(b) the woman claims the widow allowance within 14 days after the transfer
day; the woman's provisional commencement day is her transfer day.
Note: For 'transferee' and 'transfer day' see subsections 23(6) and
(7). Early claim
"(4) If:
(a) a woman lodges a claim for widow allowance; and
(b) she is not, on the day on which the claim is lodged, qualified for
widow allowance; and
(c) she becomes qualified for widow allowance sometime during the 3 months
that starts immediately after the day on which the claim is lodged;
the woman's provisional commencement day is the first day on which she
is qualified for the allowance. Claim resulting from a major disaster
"(5) If a woman:
(a) claims a disaster relief payment; and
(b) is qualified for the payment; and
(c) as a result of the major disaster to which the payment relates, claims
widow allowance within 14 days of claiming the disaster relief
payment; the woman's provisional commencement day is the day on which
she was affected by the disaster. Claim resulting from death of
partner
"(6) If:
(a) a woman's partner dies; and
(b) the woman lodges a claim for widow allowance within 4 weeks after the
day on which her partner died; the woman's provisional commencement
day is the day on which her partner died. Provision of a woman's tax
file number
"408CD.(1) Widow allowance is not payable to a woman if:
(a) she is requested under section 408DF or 408JA to:
(i) give the Secretary a written statement of her tax file number;
or
(ii) apply for a tax file number and give the Secretary a written
statement of her tax file number once it has been issued; and
(b) at the end of the 28 day period after the request is made, she has
neither:
(i) given the Secretary a written statement of her tax file number;
nor
(ii) given the Secretary a declaration by her in a form approved by
the Secretary and satisfied either subsection (2) or (3).
"(2) The woman satisfies this subsection if:
(a) her declaration states that she:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform her of her tax
file number; and
(b) she has given the Secretary a document by her that authorises the
Commissioner of Taxation to tell the Secretary:
(i) whether she has a tax file number; and
(ii) if she has a tax file number-the tax file number; and
(c) the Commissioner of Taxation has not told the Secretary that she has
no tax file number.
"(3) The woman satisfies this subsection if:
(a) her declaration states that she has applied for a tax file number; and
(b) she has given the Secretary a document by her that authorises the
Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to her-the tax file number; or
(ii) if the application is refused-that the application has been
refused; or
(iii) if the application is withdrawn-that the application has been
withdrawn; and
(c) the Commissioner of Taxation has not told the Secretary that she has
not applied for a tax file number; and
(d) the Commissioner of Taxation has not told the Secretary that an
application by her for a tax file number has been refused; and
(e) the application for a tax file number has not been withdrawn. Assets
test-allowance not payable if assets value limit exceeded
"408CE.(1) Widow allowance is not payable to a woman if the value of her
assets exceeds her assets value limit.
"(2) A woman's assets value limit is worked out using the following Table:
ASSETS VALUE LIMIT TABLE
column 1 column 2 column 3
item woman's situation assets value limit
1 Woman is a homeowner $115,000
2 Woman is not a homeowner $197,000
Note 1: For 'homeowner' see section 11. Note 2: The assets value limit in
column 3 of item 1 is indexed annually in line with CPI increases (see
sections 1190 to 1194). Note 3: The assets value limit in column 3 of item 2
is adjusted annually (see subsection 1204(1)). Note 4: If widow allowance is
not payable to a woman because of the value of the her assets, she may be able
to take advantage of provisions dealing with financial hardship (see sections
1131 and 1132). Multiple entitlement exclusion
"408CF.(1) Widow allowance is not payable to a woman if she is already
receiving a service pension.
"(2) If:
(a) a woman is receiving widow allowance; and
(b) a social security pension, another social security benefit or a
service pension becomes payable to her; widow allowance is not payable
to her. Note 1: Another payment type will generally not become payable
to the woman until the woman claims it. Note 2: For the day on which
the widow allowance ceases to be payable see section 408KA.
"(3) Widow allowance is not payable to a woman if:
(a) she is an armed services widow; and
(b) she is receiving a pension under Part II or IV of the Veterans'
Entitlements Act at a rate determined under or by reference to
subsection 30(1) of that Act; unless:
(c) she has been receiving a payment referred to in paragraph (b)
continuously since before 1 November 1986; and
(d) before 1 November 1986 she was also receiving a social security
benefit. Note 1: For 'armed services widow' see subsection 4(1). Note
2: A widow receiving a payment under the Veterans' Entitlements Act
who is not covered by paragraph (b) may be paid at a lower rate-see
subsection 1068(3).
"(4) Subject to subsections (5) and (6), widow allowance is not payable to a
woman for a period if a payment has been or may be made in respect of the
woman for that period under:
(a) a prescribed educational scheme other than the ABSTUDY Tertiary Scheme
to the extent that it applies to part-time students; or
(b) the scheme to provide an allowance known as the Maintenance Allowance
for Refugees; or
(c) a LEAP program. Note 1: For 'prescribed educational scheme' see
section 5. Note 2: For 'LEAP program' see subsection 23(1).
"(5) If:
(a) a woman enrols in a full-time course of education; and
(b) a payment under a scheme referred to in subsection (4) may be made in
respect of her; the Secretary may decide that, in spite of subsection
(4), widow allowance is payable to her for a period before she starts
the course.
"(6) If:
(a) a woman enrols in a full-time course of education; and
(b) the course is to last for 6 months or more; and
(c) an application is made for a payment in respect of her under:
(i) the AUSTUDY Scheme; or
(ii) the ABSTUDY Schools Scheme; or
(iii) the ABSTUDY Tertiary Scheme; and
(d) she was receiving widow allowance immediately before the start of the
course; the Secretary may decide that, in spite of subsection (4),
widow allowance is payable to her until:
(e) the application is determined; or
(f) the end of 3 weeks commencing on the day on which the course starts;
whichever happens first. Commonwealth funded employment program
exclusion
"408CG. Widow allowance is not payable to a woman for a period if she has
received, or may receive, income for that period that is paid by a community
or group from funds provided under a Commonwealth funded employment program.
Note: For 'Commonwealth funded employment program' see subsection 23(1).
"Division 3-Claim for widow allowance Need for a claim
"408DA.(1) A woman who wants to be granted widow allowance must make a proper
claim for that allowance. Note: For 'proper claim' see section 408DB (form),
section 408DC (manner of lodgment) and section 408DD (residence/presence in
Australia).
"(2) For the purposes of subsection (1), if:
(a) a claim for widow allowance is made by or on behalf of a person; and
(b) at the time the claim is made, the claim cannot be granted because the
person is not qualified for that allowance; the claim is, subject to
subsection 408CC(4), to be taken to have not been made. Form of claim
"408DB. To be a proper claim, a claim must be made in writing and must be in
accordance with a form approved by the Secretary. Lodgment of claim
"408DC.(1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
"(2) Subject to subsection (3), a place or person approved under subsection
(1) must be a place or person in Australia.
"(3) The Secretary may approve a place or person outside Australia under
subsection (1) for the purpose of lodgment of claims made under an
international agreement. Note: For international agreements see Part 4.1.
Claimant must be Australian resident and in Australia
"408DD. A claim by a woman is not a proper claim unless she is:
(a) an Australian resident; and
(b) in Australia; on the day on which the claim is lodged. Note 1: For
'Australian resident' see subsection 7(2). Note 2: The provisions of a
scheduled international agreement may permit a proper claim to be made
by a person who is not an Australian resident or not in Australia: see
section 1208. Claim may be withdrawn
"408DE.(1) A claimant for widow allowance or a person on behalf of a claimant
may withdraw a claim that has not been determined.
"(2) A claim that is withdrawn is taken to have not been made.
"(3) A withdrawal may be made orally or in writing. Secretary may request
claimant to give statement of claimant's tax file number
"408DF.(1) The Secretary may request but not compel a claimant for widow
allowance:
(a) if the claimant has a tax file number-to give the Secretary a written
statement of the claimant's tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the claimant's tax
file number after the Commissioner of Taxation has issued it.
"(2) Widow allowance is not payable to a claimant if, at the end of 28 days
after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request. Note: In some cases the request can be satisfied by giving
the Secretary a declaration by the claimant about the claimant's tax
file number and an authority by the claimant to the Commissioner of
Taxation to give the Secretary certain information about the
claimant's tax file number: see subsections 408CD(2) and (3).
Secretary may require claimant to take action to obtain a comparable
foreign payment
"408DG.(1) If:
(a) a woman claims widow allowance; and
(b) the Secretary is satisfied that the claimant would be entitled to a
comparable foreign payment from a CFP country if the claimant applied
for the payment; the Secretary may give the claimant a notice that
requires the claimant to take reasonable action to obtain the payment.
"(2) A notice under subsection (1):
(a) must be in writing; and
(b) must be given personally or by post; and
(c) must specify the period within which the reasonable action is to be
taken.
"(3) The period specified under paragraph (2)(c) must end at least 14 days
after the day on which the notice is given.
"(4) The Secretary may, despite section 408EA, reject a claim if:
(a) the claimant is given a notice under subsection (1); and
(b) the Secretary is satisfied that the claimant has not taken reasonable
action to obtain the comparable foreign payment within the period
specified in the notice.
"(5) For the purposes of this section, a woman takes reasonable action to
obtain a comparable foreign payment only if she takes reasonable action to
obtain that payment at the highest rate applicable to the woman.
"Division 4-Determination of claim Secretary to determine claim
"408EA. The Secretary must, in accordance with this Act, determine the claim.
Grant of claim
"408EB. The Secretary is to determine that the claim is to be granted if the
Secretary is satisfied that:
(a) the woman is qualified for widow allowance; and
(b) the allowance is payable. Determination of claims by computer
"408EC. If:
(a) a woman is a transferee; and
(b) she claims widow allowance; and
(c) a determination that her claim is to be granted or rejected is made by
the operation of a computer program approved by the Secretary; there
is taken to be a decision by the Secretary under section 408EB
determining that the claim is to be granted or rejected, as the case
requires. Date of effect of determination General
"408ED.(1) Subject to subsections (2), (3) and (4), a determination under
section 408EB takes effect on the day on which the determination is made or on
such later day or earlier day as is specified in the determination. Notified
decision-review sought within 3 months
"(2) If:
(a) a decision (the 'previous decision') is made rejecting a woman's claim
for widow allowance; and
(b) a notice is given to her advising her of the making of the previous
decision; and
(c) she applies to the Secretary under section 1240, within 3 months after
the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the
application for review; the determination takes effect on the day on
which the previous decision took effect. Notified decision-review
sought after 3 months
"(3) If:
(a) a decision (the 'previous decision') is made rejecting a woman's claim
for widow allowance; and
(b) a notice is given to her advising her of the making of the previous
decision; and
(c) she applies to the Secretary under section 1240, more than 3 months
after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the
application for review; the determination takes effect on the day on
which the woman sought the review. Decision not notified
"(4) If:
(a) a decision (the 'previous decision') is made rejecting a woman's claim
for widow allowance; and
(b) no notice is given to her advising her of the making of the previous
decision; and
(c) she applies to the Secretary under section 1240 for review of the
previous decision; and
(d) a determination granting the claim is made as a result of the
application for review; the determination takes effect on the day on
which the previous decision took effect.
"Division 5-Rate of widow allowance How to work out a woman's widow allowance
rate
"408FA. A woman's widow allowance rate is worked out using the Benefit Rate
Calculator B at the end of section 1068. Note: For 'double payments on release
from gaol' see section 1161. Widow allowance training supplement
"408FB.(1) If a woman who is receiving widow allowance is undertaking a course
of vocational training approved by the Employment Secretary for the purposes
of this section, the rate of her widow allowance may be increased by an
amount, to be known as training supplement for widows, that the Employment
Secretary considers appropriate.
"(2) The training supplement for widows is made up of one or more of the
following:
(a) an amount to assist with the woman's expenses in undertaking the
training (the 'training component');
(b) an amount to assist with her expenses in living away from her usual
residence while undertaking the training (the 'living away from home
component');
(c) an amount to assist with her expenses in maintaining her usual
residence while living away from that residence and undertaking the
training (the 'home base maintenance component').
"(3) The maximum amount of the training component is $60.00 per fortnight.
"(4) The maximum amount of the living away from home component is $40.00 per
fortnight.
"(5) The maximum amount of the home base maintenance component is $75.80 per
fortnight.
"(6) The Employment Secretary is to calculate the amount (if any) of the
training supplement for widows by determining:
(a) which of the 3 components the woman is to receive; and
(b) the appropriate amount for each component that she is to receive.
Note: For 'Employment Secretary' see section 23.
"Division 6-Payment of widow allowance Commencement of widow allowance
"408GA. Widow allowance becomes payable to a woman on the first day on which:
(a) she is qualified for the allowance; and
(b) no provision of this Act makes the allowance not payable to her. Note
1: For qualification see section 408BA. Note 2: For circumstances in
which widow allowance is not payable see section 408CA. Instalments
"408GB.(1) Widow allowance is to be paid by instalments for periods determined
by the Secretary.
"(2) Instalments of widow allowance are to be paid at the times determined by
the Secretary. Instalments for period less than a fortnight
"408GC.(1) If an instalment of widow allowance is for a period that is less
than a fortnight, the instalment for the period is:
widow allowance rate x week days in period
10 .
"(2) If an instalment of widow allowance is for a period that consists of:
(a) a number of whole fortnights; and
(b) a period that is less than a fortnight; the instalment, so far as it
relates to the period that is less than a fortnight, is:
widow allowance rate x week days in period
10 .
Rounding off instalment
"408GD.(1) If the amount of an instalment is:
(a) a number of whole dollars and a part of a cent; or
(b) a number of whole dollars and cents and a part of a cent; the amount
is, subject to subsection (2), to be increased or decreased to the
nearest whole cent.
"(2) If the amount of an instalment is:
(a) a number of whole dollars and 0.5 cent; or
(b) a number of whole dollars and cents and 0.5 cent; the amount is to be
increased by 0.5 cent.
"(3) If:
(a) an amount of pharmaceutical allowance is added to a woman's maximum
basic rate in working out the amount of an instalment of widow
allowance; and
(b) apart from this subsection, the amount of the instalment would be less
than her fortnightly PA rate; the amount of the instalment is to be
increased to the woman's fortnightly PA rate.
"(4) For the purposes of subsection (3), the woman's fortnightly PA rate is:
pharmaceutical allowance rate x N where:
'pharmaceutical allowance rate' is the fortnightly amount of pharmaceutical
allowance added to the woman's maximum basic rate in working out the amount of
the instalment;
'N' is:
(a) if the instalment is for a number of whole fortnights-the number of
fortnights; or
(b) if the instalment is for a period of less than a fortnight-equal to:
week days in period
10 ; or
(c) if the instalment is for a period that consists of a number of whole
fortnights and a period of less than a fortnight-equal to:
number of whole fortnights x weeks days in short period
10 .
"(5) If, apart from this section, the amount of an instalment would be less
than $1.00, the amount is to be increased to $1.00. Instalments to be paid to
woman or nominee
"408GE.(1) Subject to subsection (3), instalments of a woman's widow allowance
are to be paid to her.
"(2) The Secretary may direct that the whole or part of the instalments of a
woman's widow allowance are to be paid to someone else on her behalf.
"(3) If the Secretary makes a direction under subsection (2), the instalments
are to be paid in accordance with the direction. Payment into bank account
etc.
"408GF.(1) An amount that is to be paid to a person under section 408GE is to
be paid in the way set out in this section.
"(2) Subject to this section, the amount is to be paid, at the intervals that
the Secretary specifies, to the credit of a bank account, credit union account
or building society account nominated and maintained by the person.
"(3) The account may be an account that is maintained by the person either
alone or jointly or in common with another person.
"(4) If the person has not nominated an account for the purposes of subsection
(2), then, subject to subsections (5) and (7), the amount is not to be paid.
"(5) If:
(a) an amount has not been paid because of subsection (4); and
(b) the person nominates an account for the purposes of subsection (2);
the amount is to be paid under subsection (2).
"(6) The Secretary may direct that the whole or a part of the amount be paid
to the person in a different way from that provided for by subsection (2).
"(7) If the Secretary gives a direction under subsection (6), the amount is to
be paid in accordance with the direction. Where allowance payday would fall on
public holiday etc.
"408GG. If the Secretary is satisfied that an amount of widow allowance that
would normally be paid on a particular day cannot reasonably be paid on that
day (because, for example, it is a public holiday or a bank holiday), the
Secretary may direct that the amount be paid on an earlier day. Payment of
allowance after death
"408GH.(1) If:
(a) widow allowance is payable to a woman; and
(b) she dies; and
(c) at the date of her death she had not received an amount of widow
allowance payable to her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in special
circumstances; the Secretary may pay the amount to the person
who, in the Secretary's opinion, is best entitled to it.
"(2) If the Secretary pays an amount of widow allowance under subsection (1),
the Commonwealth has no further liability to any person in respect of that
amount of widow allowance.
"Division 7-Protection of widow allowance Widow allowance to be absolutely
inalienable General rule
"408HA.(1) Subject to subsections (2) and (3) and section 1359, widow
allowance is absolutely inalienable, whether by way of, or in consequence of,
sale, assignment, charge, execution, bankruptcy or otherwise. Payments to
Commissioner of Taxation at recipient's request
"(2) The Secretary may make deductions from the instalments of widow allowance
payable to a woman if she asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of Taxation.
Note: The Secretary must make deductions from a woman's social
security payment if requested by the Commissioner of Taxation-see
section 1359. Deductions from instalments with recipient's consent
"(3) The Secretary may make deductions from the instalments of widow allowance
payable to a woman if the recipient consents under section 1234A to the
Secretary making the deductions. Note: Section 1234A enables the Secretary to
recover a debt from a person other than the debtor if the person is receiving
a social security payment. Effect of garnishee or attachment order
"408HB.(1) If:
(a) a person has an account with a financial institution; and
(b) instalments of widow allowance payable to the person (whether on the
woman's own behalf or not) are being paid to the credit of that
account; and
(c) a court order in the nature of a garnishee order comes into force in
respect of the account; the court order does not apply to the saved
amount (if any) in the account.
"(2) The saved amount is worked out as follows: Method statement Step 1. Work
out the total amount of widow allowance payable to the person that has been
paid to the credit of the account during the 4 week period immediately before
the court order came into force. Step 2. Subtract from that amount the total
amount withdrawn from the account during the same 4 week period: the result is
the saved amount.
"(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person. Note: A person affected by a garnishee
order may have other saved amounts if the person receives telephone
allowance (see section 1061X).
"Division 8-Recipient obligations Secretary may request recipient to give
statement of recipient's tax file number
"408JA.(1) The Secretary may request but not compel a recipient of widow
allowance:
(a) if the recipient has a tax file number-to give the Secretary a written
statement of the recipient's tax file number; or
(b) if the recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the recipient's
tax file number after the Commissioner of Taxation has issued
it.
"(2) Widow allowance is not payable to a recipient if, at the end of the 28
day period after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request. Note: In some cases the request can be satisfied by
giving the Secretary a declaration by the recipient about the
recipient's tax file number and an authority by the recipient to the
Commissioner of Taxation to give the Secretary certain information
about the recipient's tax file number (see subsections 408CD(2) and
(3)). Secretary may require notice of the happening of an event or a
change in circumstances
"408JB.(1) The Secretary may give a woman to whom widow allowance is being
paid a notice that requires her to inform the Department if:
(a) a specified event or change of circumstances occurs; or
(b) she becomes aware that a specified event or change of circumstances is
likely to occur.
"(2) An event or change of circumstances is not to be specified in a notice
under subsection (1) unless the occurrence of the event or change of
circumstances might affect the payment of the allowance.
"(3) Subject to subsection (4), a notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the woman is to give the information to the
Department; and
(d) must specify the period within which the woman is to give the
information to the Department; and
(e) must specify that the notice is a recipient notification notice given
under this Act.
"(4) A notice under subsection (1) is not invalid merely because it fails to
comply with paragraph (3)(c) or (e).
"(5) Subject to subsections (6) and (7), the period specified under paragraph
(3)(d) must end at least 7 days after:
(a) the day on which the event or change of circumstances occurs; or
(b) the day on which the woman becomes aware that the event or change of
circumstances is likely to occur.
"(6) If a notice requires the woman to inform the Department of any proposal
by her to leave Australia, subsection (5) does not apply to that requirement.
"(7) If the notice requires information about receipt of a compensation
payment, the period specified under paragraph (3)(d) in relation to that
information must end at least 7 days after the day on which the woman becomes
aware that she has received or is to receive a compensation payment.
"(8) A woman must not, without reasonable excuse, refuse or fail to comply
with a notice under subsection (1) to the extent that she is capable of
complying with the notice. Penalty: Imprisonment for 6 months. Note:
Subsections 4B(2) and (3) of the Crimes Act 1914 allow a court to impose an
appropriate fine instead of, or in addition to, a term of imprisonment.
"(9) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not
in a foreign country; and
(b) all women irrespective of their nationality or citizenship. Secretary
may require recipient to give particular information relevant to
payment of widow allowance
"408JC.(1) The Secretary may give a woman to whom widow allowance is being
paid a notice that requires her to give the Department a statement about a
matter that might affect the payment of the allowance to her.
"(2) Subject to subsection (3), a notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the statement is to be given to the Department; and
(d) must specify the period within which the woman is to give the
statement to the Department; and
(e) must specify that the notice is a recipient statement notice given
under this Act.
"(3) A notice under subsection (1) is not invalid merely because it fails to
comply with paragraph (2)(c) or (e).
"(4) The period specified under paragraph (2)(d) must end at least 7 days
after the day on which the notice is given.
"(5) A statement given in response to a notice under subsection (1) must be in
writing and in accordance with a form approved by the Secretary.
"(6) A woman must not, without reasonable excuse, refuse or fail to comply
with a notice under subsection (1) to the extent that she is capable of
complying with the notice. Penalty: Imprisonment for 6 months. Note:
Subsections 4B(2) and (3) of the Crimes Act 1914 allow a court to impose an
appropriate fine instead of, or in addition to, a term of imprisonment.
"(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not
in a foreign country; and
(b) all women irrespective of their nationality or citizenship. Secretary
may require recipient to take action to obtain a comparable foreign
payment
"408JD.(1) If the Secretary is satisfied that a widow allowance recipient
would be entitled to a comparable foreign payment from a CFP country if the
recipient applied for the payment, the Secretary may give the recipient a
notice that requires the recipient to take reasonable action to obtain the
payment. Note: For the consequences of failure to comply with the notice see
section 408NE.
"(2) A notice under subsection (1):
(a) must be in writing; and
(b) must be given personally or by post; and
(c) must specify the period within which the reasonable action is to be
taken.
"(3) The period specified under paragraph (2)(c) must end at least 14 days
after the day on which the notice is given.
"(4) For the purposes of this section, a person takes reasonable action to
obtain a comparable foreign payment only if the person takes reasonable action
to obtain that payment at the highest rate applicable to the person.
"Division 9-Continuation, variation and termination
"Subdivision A-General Continuing effect of determination Entitlement
determination
"408KA.(1) A determination that:
(a) a woman's claim for widow allowance is to be granted; or
(b) widow allowance is payable to a woman; continues in effect until:
(c) the allowance ceases to be payable under section 408LA, 408LB, 408LC
or 408LD; or
(d) a further determination in relation to the allowance under section
408NC or 408ND has taken effect. Note 1: A determination to grant a
claim for widow allowance is made under section 408EB. Note 2: If
changes are made to a woman's widow allowance payments because of the
operation of a computer program, a determination is taken to have been
made in certain circumstances (see section 408NF). Note 3: A
determination that widow allowance is payable to a person is necessary
where the determination is to reverse an earlier determination to
cancel or suspend the allowance (see section 408NG). Rate
determination
"(2) A determination of the rate of widow allowance continues in effect until:
(a) the allowance becomes payable at a lower rate under section 408MA or
408MB; or
(b) a further determination in relation to the allowance under section
408NA or 408NB has taken effect. Note: For paragraph (b) see also
section 408NF.
"Subdivision B-Automatic termination Automatic termination-transfer to new
payment type
"408LA. If:
(a) a woman is receiving widow allowance; and
(b) a social security pension, another social security benefit or a
service pension becomes payable to her; the widow allowance ceases to
be payable to her immediately before the day on which the other
pension or benefit becomes payable to her. Automatic
termination-recipient complying with section 408JB notification
obligations
"408LB. If:
(a) a woman who is receiving widow allowance is given a notice under
section 408JB; and
(b) the notice requires her to inform the Department of the occurrence of
an event or change in circumstances within a specified period (the
'notification period'); and
(c) the event or change in circumstances occurs; and
(d) she informs the Department of the occurrence of the event or change in
circumstances within the notification period in accordance with the
notice; and
(e) because of the occurrence of the event or change in circumstances:
(i) she ceases to be qualified for the allowance; or
(ii) the allowance would, apart from this section, cease to be
payable to her; and
(f) the allowance is not cancelled before the end of the notification
period; the allowance continues to be payable to her until the end of
the notification period and then ceases to be payable to her. Note: If
the woman informs the Department, within the notification period, of
an event or change in circumstances that reduces the rate of her
allowance, there is no automatic rate reduction and a determination
under section 408NB must be made in order to bring the rate reduction
into effect. Automatic termination-recipient not complying with
section 408JB notification obligations
"408LC. If:
(a) a woman who is receiving widow allowance is given a notice under
section 408JB; and
(b) the notice requires her to inform the Department of the occurrence of
an event or change in circumstances within a specified period (the
'notification period'); and
(c) the event or change in circumstances occurs; and
(d) she does not inform the Department of the occurrence of the event or
change in circumstances within the notification period in accordance
with the notice; and
(e) because of the occurrence of the event or the change in circumstances:
(i) she ceases to be qualified for the allowance; or
(ii) the allowance ceases to be payable to her; the allowance ceases
to be payable to her immediately before the day on which the
event or change in circumstances occurs. Automatic
termination-failure to provide section 408JC statement
"408LD.(1) If:
(a) a woman who is receiving widow allowance is given a notice under
section 408JC requiring her to give the Department a statement; and
(b) the notice relates to the payment of that allowance in respect of a
period specified in the notice; and
(c) she does not comply with the notice; the allowance, subject to
subsection (2), ceases to be payable to her as from the first day in
that period.
"(2) If the Secretary is satisfied that, in the special circumstances of the
case, it is appropriate to do so, the Secretary may determine in writing that
subsection (1) does not apply to the woman from a day specified in the
determination.
"(3) The day specified under subsection (2) may be before or after the making
of the determination. Automatic termination-changes to payments by computer
following automatic termination
"408LE. If:
(a) a woman is receiving widow allowance on the basis of data in a
computer; and
(b) the allowance rate is automatically terminated by the operation of a
provision of this Act; and
(c) the automatic termination is given effect to by the operation of a
computer program approved by the Secretary stopping payment of the
allowance; there is taken to be a decision by the Secretary that the
automatic termination provision applies to her allowance. Note: The
decision that is taken to have been made is a decision of an officer
for the purposes of review by the Secretary (see sections 1239 and
1240) and the Social Security Appeals Tribunal (see section 1247).
"Subdivision C-Automatic rate reduction Automatic rate reduction-recipient not
complying with section 408JB notification obligations
"408MA. If:
(a) a woman who is receiving widow allowance is given a notice under
section 408JB; and
(b) the notice requires her to inform the Department of the occurrence of
an event or change in circumstances within a specified period (the
'notification period'); and
(c) the event or change in circumstances occurs; and
(d) she does not inform the Department of the occurrence of the event or
change in circumstances within the notification period in accordance
with the notice; and
(e) because of the occurrence of the event or change in circumstances, her
rate of allowance is to be reduced; the allowance becomes payable to
her at the reduced rate immediately before the day on which the event
or change in circumstances occurs. Automatic rate reduction-failure to
inform Department of payment for remunerative work where earnings
credit account balance available
"408MB. If:
(a) a woman who is receiving widow allowance is given a notice under
section 408JB; and
(b) the notice requires her to inform the Department of income from
remunerative work undertaken by her; and
(c) she fails to notify the Department of income of that kind in
accordance with the notice; and
(d) she has an earnings credit account balance for the purposes of
Division 5 of Part 3.10; the allowance becomes payable to her at the
reduced rate from the first payday after the day on which her earnings
credit account balance is reduced to nil. Automatic rate
reduction-changes to payments by computer following automatic
reduction
"408MC. If:
(a) a woman is receiving widow allowance on the basis of data in a
computer; and
(b) the allowance rate is automatically reduced by the operation of a
provision of this Act; and
(c) the automatic reduction is given effect to by the operation of a
computer program approved by the Secretary stopping payment or
reducing the rate of payment of the allowance; there is taken to be a
decision by the Secretary that the automatic rate reduction provision
applies to her allowance. Note: The decision that is taken to have
been made is a decision of an officer for the purposes of review by
the Secretary (see sections 1239 and 1240) and the Social Security
Appeals Tribunal (see section 1247).
"Subdivision D-Determinations Rate increase determination
"408NA. If the Secretary is satisfied that the rate at which widow allowance
is being, or has been, paid is less than the rate provided for by this Act,
the Secretary is to determine that the rate is to be increased to the rate
specified in the determination. Note: For the date of effect of a
determination under this section see section 408PA. Rate reduction
determination
"408NB. If the Secretary is satisfied that the rate at which widow allowance
is being, or has been, paid is more than the rate provided for by this Act,
the Secretary is to determine that the rate is to be reduced to the rate
specified in the determination. Note 1: A determination under this section is
not necessary if there is an automatic rate reduction because of section 408MA
(see subsection 408KA(2)). Note 2: For the date of effect of a determination
under this section see section 408PB. Cancellation or suspension determination
"408NC. If the Secretary is satisfied that widow allowance is being, or has
been, paid to a woman to whom it is not, or was not, payable under this Act,
the Secretary is to determine that the allowance is to be cancelled or
suspended. Note 1: A determination under this section is not necessary if
there is an automatic termination because of section 408LA, 408LB, 408LC or
408LD (see subsection 408KA(1)). Note 2: For the date of effect of a
determination under this section see section 408PB. Cancellation or suspension
for failure to comply with section 408JC, 1304 or 1305 notice
"408ND. If:
(a) a woman who is receiving widow allowance is given a notice under
section 408JC, 1304 or 1305; and
(b) she does not comply with the requirements set out in the notice; the
Secretary may determine that the allowance is to be cancelled or
suspended. Note 1: This section will not apply in a case where section
408LD or 408NC applies. Note 2: For the date of effect of a
determination under this section see section 408PB. Cancellation or
suspension for failure to take action to obtain a comparable foreign
payment
"408NE.(1) If:
(a) a widow allowance recipient has been given a notice under subsection
408JD(1); and
(b) the Secretary is satisfied that the recipient has not taken reasonable
action to obtain the comparable foreign payment within the period
specified in the notice; the Secretary may determine that the pension
is to be cancelled or suspended.
"(2) For the purposes of this section, a woman takes reasonable action to
obtain a comparable foreign payment only if she takes reasonable action to
obtain that payment at the highest rate applicable to her. Changes to payments
by computer
"408NF. If:
(a) payment of widow allowance to a woman is based on data in a computer;
and
(b) the allowance rate is increased or reduced, or the allowance is
cancelled or suspended, because of the operation of a computer program
approved by the Secretary; and
(c) the program causes the change for a reason for which the Secretary
could determine the change; the change is taken to have been made
because of a determination by the Secretary for that reason. Note: The
determination that is taken to have been made is a decision of an
officer for the purposes of review by the Secretary (see sections 1239
and 1240) and the Social Security Appeals Tribunal (see section 1247).
Resumption of payment after cancellation or suspension
"408NG.(1) If the Secretary:
(a) cancels or suspends a woman's widow allowance under section 408NC or
408ND; and
(b) reconsiders the decision to cancel or suspend; and
(c) becomes satisfied that because of the decision to cancel or suspend:
(i) she did not receive widow allowance that was payable to her; or
(ii) she is not receiving widow allowance that is payable to her;
the Secretary is to determine that widow allowance was or is
payable to her.
"(2) The reconsideration referred to in paragraph (1)(b) might be a
reconsideration on an application under section 1240 for review or a
reconsideration on the Secretary's own initiative. Note: For the date of
effect of a determination under this section see section 408PA.
"Subdivision E-Date of effect of determinations Date of effect of favourable
determination General
"408PA.(1) The day on which a determination under section 408NA or 408NG (the
'favourable determination') takes effect is worked out in accordance with this
section. Notified decision-review sought within 3 months
"(2) If:
(a) a decision (the 'previous decision') is made in relation to widow
allowance; and
(b) a notice is given to the woman to whom the allowance is payable
advising her of the making of the previous decision; and
(c) she applies to the Secretary under section 1240, within 3 months after
the notice is given, for review of the previous decision; and
(d) a favourable determination is made as a result of the application for
review; the determination takes effect on the day on which the
previous decision took effect. Notified decision-review sought after 3
months
"(3) If:
(a) a decision (the 'previous decision') is made in relation to widow
allowance; and
(b) a notice is given to the woman to whom the allowance is payable
advising her of the making of the previous decision; and
(c) she applies to the Secretary under section 1240, more than 3 months
after the notice is given, for review of the previous decision; and
(d) a favourable determination is made as a result of the application for
review; the determination takes effect on the day on which she sought
the review. Decision not notified
"(4) If:
(a) a decision (the 'previous decision') is made in relation to widow
allowance; and
(b) no notice is given to the woman to whom the allowance is payable
advising her of the making of the previous decision; and
(c) she applies to the Secretary under section 1240, for review of the
previous decision; and
(d) a favourable determination is made as a result of the application for
review; the determination takes effect on the day on which the
previous decision took effect. Notified change of circumstances
"(5) If:
(a) the favourable determination is made following a woman having advised
the Department of a change in circumstances; and
(b) the change is not a decrease in the rate of her maintenance income;
the determination takes effect on the day on which the advice was
received or on the day on which the change occurred, whichever is the
later. Other determinations
"(6) In any other case, the favourable determination takes effect on the day
on which the determination was made or on such later day or earlier day (not
being a day more than 3 months before the determination was made) as is
specified in the determination. Date of effect of adverse determination
General
"408PB.(1) The day on which the determination under section 408NB, 408NC or
408ND (the 'adverse determination') takes effect is worked out in accordance
with this section. Note: If the adverse determination depends on a discretion
or opinion and a woman affected by the determination applies for review, the
Secretary may continue payment pending the outcome of the review (see section
1241 (internal review) and section 1251 (review by Social Security Appeals
Tribunal)). Day of effect
"(2) The adverse determination takes effect on:
(a) the day on which the determination is made; or
(b) if another day is specified in the determination-on that day.
Specification of day of effect under paragraph (2)(b)
"(3) Subject to subsections (4), (5), (6), (7) and (8), the day specified
under paragraph (2)(b) must be later than the day on which the determination
is made. Contravention of Act
"(4) If:
(a) the woman whose allowance is affected by the adverse determination has
contravened a provision of this Act (other than section 408JC, 1304,
1305, 1306 or 1307); and
(b) the contravention causes a delay in making the determination; the day
specified under paragraph (2)(b) may be earlier than the day on which
the determination is made. False statement or
misrepresentation-suspension or cancellation
"(5) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the allowance has
been paid to a woman when it should have been cancelled or suspended;
the day specified under paragraph (2)(b) may be earlier than the day
on which the determination is made. False statement or
misrepresentation-rate reduction
"(6) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the rate at which
the allowance was paid to a woman was more than it should have been;
the day specified under paragraph (2)(b) may be earlier than the day
on which the determination is made. Payment of arrears of periodic
compensation payments-suspension or cancellation
"(7) If:
(a) an adverse determination is made in relation to a woman because of
point 1067-H8A or 1068-G8A (payment of arrears of periodic
compensation payments); and
(b) the allowance has been paid to her when, because of the payment of
arrears of periodic compensation, the allowance should have been
cancelled or suspended; the day specified under paragraph (2)(b) may
be earlier than the day on which the determination is made. Payment of
arrears of periodic compensation payments-rate reduction
"(8) If:
(a) an adverse determination is made in relation to a woman because of
point 1067-H8A or 1068-G8A (payment of arrears of periodic
compensation payments); and
(b) the rate at which the allowance was paid to her was, because of the
payment of arrears of periodic compensation, more than the rate at
which the allowance should have been paid; the day specified under
paragraph (2)(b) may be earlier than the day on which the
determination is made.
"Division 10-Fringe benefits Fringe benefits
"408QA.(1) A woman is qualified for fringe benefits if:
(a) she is receiving widow 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) she has turned 60; and
(d) she is an Australian resident or has a qualifying residence exemption
for widow allowance; and
(e) she is in Australia. Note: For 'Australian resident' and 'qualifying
residence exemption' see section 7.
"(2) If a woman is qualified for fringe benefits, benefits and concessions of
various kinds may be made available to her 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.".
PART 2-CONSEQUENTIAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
Division 1-Amendments to change the name of widowed person allowance to
bereavement allowance 2. Amendment of provisions Omit "widowed person
allowance" (wherever occurring) from each of the following provisions and
substitute "bereavement allowance": paragraph 7(4)(d) subsection 23(1)
(definitions of "recipient notification notice", "recipient statement notice"
and "social security pension") subsection 315(1) section 315 (Note)
subsections 316(1) and (2) section 317 paragraphs 318(3)(a), (3)(b), 3(c) and
(4)(c) paragraph 319(b) paragraph 320(c) subsection 320A(1) section 321
subsection 322(1) paragraph 322(2)(a) subsection 325AA(1) section 325A
paragraph 325B(1)(a) section 327 paragraphs 328(2)(a), (3)(a) and (4)(a)
section 329 section 330 section 331 paragraphs 332(a), (d) and (e) subsections
333(1) and (3A) subsections 334(1) and (2) section 337 paragraphs 338(1)(a)
and (1)(c) subsection 338(2) section 339 paragraph 340(1)(b) subsection 340(2)
(Step 1 of the Method statement) section 340A subsection 341(1) subsection
342(1) subsection 343(1) paragraphs 344(1)(a) and (1)(b) subsection 344(2)
section 344A paragraph 345(a) paragraph 346(a) paragraph 347(1)(a) paragraph
348(a) paragraph 349(a) paragraph 349A(a) section 350 section 351 section 352
paragraph 352A(a) paragraph 352AA(1)(a) paragraph 352B(a) subsection 353(1)
paragraphs 354(2)(a), (3)(a) and (4)(a) paragraph 359(1)(a) paragraph
360(1)(a) paragraph 1066(1)(b) subparagraph 1133(1)(a)(vi) section 1158
subparagraph 1187(1)(a)(v) section 1210 (paragraph (a) of point 1210-B8)
subparagraphs 1212(3)(a)(v) and (3)(c)(v) paragraph 1213(1)(c) paragraph
1218(1)(h) section 1218 (Note) subparagraphs 1219(1)(a)(v) and (2)(a)(v)
subparagraphs 1220(1)(d)(v) and (2)(d)(v) subparagraph 1220B(1)(a)(v)
paragraph 1220B(5)(a) subparagraph 1220B(5)(d)(ii) section 1221 (paragraph (a)
of point 1221-B8) subparagraph 1223(2)(b)(ii) paragraph 1223A(3)(h). 3.
Amendment of Division Headings: Omit "widowed person allowance" from each of
the following Division Headings and substitute "bereavement allowance":
Division 1 of Part 2.7 Division 2 of Part 2.7 Division 4 of Part 2.7 Division
5 of Part 2.7 Division 6 of Part 2.7. 4. Part 2.7 (Heading): Omit "WIDOWED
PERSON ALLOWANCE", substitute "BEREAVEMENT ALLOWANCE". 5. Subparagraph
318(2)(a)(ii): Omit "widowed person's allowance", substitute "bereavement
allowance". 6. Paragraphs 318(2)(b) and (c): Omit "widowed person's
allowance", substitute "bereavement allowance". 7. Section 345 (Note): Omit
"person allowance", substitute "bereavement allowance". Division 2-Other
consequential amendments of the Social Security Act 1991 8. Subsection 23(1)
(paragraph (d) of the definition of "assurance of support debt"): Before the
paragraph, insert:
"(cb) widow allowance under Part 2.8A of this Act; or". 9. Subsection 23(1)
(definition of "compensation arrears debt"): After "300," insert "408PB,". 10.
Subsection 23(1) (paragraph (g) of the definition of "recipient notification
notice"): After the paragraph insert:
"(ga) section 408JB (widow allowance); or". 11. Subsection 23(1) (paragraph
(g) of the definition of "recipient statement notice"): After the paragraph
insert:
"(ga) section 408JC (widow allowance); or". 12. Subsection 23(1) (paragraph
(a) of the definition of "social security benefit"): Before the paragraph,
insert:
"(aa) widow allowance; or". 13. After section 664: Insert: Widow allowance
recipients
"664AAA.(1) A woman is qualified for an employment entry payment under this
section if:
(a) she commences employment; and
(b) immediately before she commenced the employment, she was:
(i) receiving widow allowance; and
(ii) a long-term social security recipient; and
(c) the income earned by her from the employment results in widow
allowance ceasing to be payable; and
(d) the employment is, in the Secretary's opinion, likely to continue for
more than 4 weeks; and
(e) she has not, within the last 12 months, received a payment under this
Part. Note: For 'long-term social security recipient' see subsection
23(1).
"(2) If the Secretary is satisfied that:
(a) a woman has entered an agreement under which she is to be employed;
and
(b) on the start of that employment, she would, but for receiving a
payment under this subsection, be qualified for a payment under
subsection (1); the following provisions have effect:
(c) subject to paragraph (d), she is qualified for an employment entry
payment, which is payable to her at such time as the Secretary
determines;
(d) she is not qualified for the employment entry payment unless the
Secretary is still satisfied as mentioned in paragraphs (a) and (b) at
the time at which the payment is payable to her.
"(3) The time determined under paragraph (2)(c) is not to be more than 14 days
before the woman is to commence the employment. Amount of section 664AAA
payment
"664AAB. The amount of an employment entry payment under section 664AAA is
$100.00.". 14. Paragraph 1061Q(3)(a): After "receiving" insert "widow
allowance,". 15. After paragraph 1068(1)(c): Insert:
"or (d) widow allowance;". 16. Subsection 1068(3) (Note 1): After "sections"
insert "408CF,". 17. Section 1068 (Benefit Rate Calculator B-point 1068-D1-
subparagraph (c)(ii)): After "receiving" insert "widow allowance,". 18.
Section 1068 (Benefit Rate Calculator B-point 1068-D1- subparagraph (c)(ii)):
Omit "(incapacity for work)", substitute "(incapacity for work-job search
allowance and newstart allowance recipients), point 1068-D2A (incapacity for
work-widow allowance recipients)". 19. Section 1068 (Benefit Rate Calculator
B-point 1068-D2): After the point insert: Incapacity for work-widow allowance
recipients
"1068-D2A. This point applies to a woman who is receiving widow allowance if
the woman is incapacitated for work.". 20. Paragraph 1161(1)(b): After
"claims" insert "widow allowance,". 21. Subparagraph 1187(1A)(a)(i): Before
the subparagraph insert:
"(ia) widow allowance; or". 22. Section 1190 (Indexed and Adjusted Amounts
Table-item 28-column 4): Before "(subsection 529(3)-Table-column 3A-item 1)"
insert "(subsection 408CE(2)-Table-column 3-item 1)". 23. Section 1190
(Indexed and Adjusted Amounts Table-item 29-column 4): Before "(subsection
529(3)-Table-column 3B-item 1)" insert "(subsection 408CE(2)-Table-column
3-item 2)". 24. Section 1211: After "paragraphs" insert "408BA(1)(e),
408BA(2)(e),". 25. Section 1211 (Note 1): Before the Note insert:
"Note 1A: Subsection 408BA(4) provides that a person is taken to be in
Australia for the purposes of subsection 408BA(1) or (2) (qualification for
widow allowance) if the woman is temporarily absent from Australia for a
period of 3 months or less. 26. Section 1211 (Notes 1A, 1, 2, 3 and 4):
Renumber as Notes 1, 2, 3, 4 and 5 respectively. 27. After subparagraph
1223(2)(b)(iii): Insert:
"(iiia) subsection 408CF(3) or (4) (widow allowance);". 28. After subparagraph
1223A(3)(i): Insert:
"(ia) section 408LA (widow allowance);". 29. Subsection 1239(1) (Note): After
"397A," insert "408LE, 408MC,". 30. Subsection 1239(1) (Note): After "400B,"
insert "408NF,". 31. Subsection 1240(1) (Note 1): After "397A," insert "408LE,
408MC,". 32. Subsection 1240(1) (Note 1): After "400B," insert "408NF,". 33.
Paragraph 1250(1)(d): After "370," insert "408DB, 408DC,". 34. Paragraph
1(2)(d) of Schedule 1A: Omit the paragraph. 35. Subclause 1(2) of Schedule 1A:
Add at the end:
"; and (n) a widowed person allowance under the 1947 Act and a bereavement
allowance under this Act correspond to each other.". 36. Schedule 1A: Add at
the end: Bereavement allowance (changes made on 1 January 1995)
"73.(1) If a determination granting a claim for widowed person allowance was
in force immediately before 1 January 1995, the determination has effect from
that day as if it were a determination under this Act as in force on 1 January
1995 granting bereavement allowance.
"(2) If:
(a) a person has lodged a claim for a widowed person allowance under this
Act; and
(b) the claim has not been determined before 1 January 1995; the claim has
effect on and from 1 January 1995 as if it were a claim for a
bereavement allowance under this Act.
"(3) If:
(a) subclause (2) applies to a claim; and
(b) the claim is granted under this Act; the determination granting the
claim may have a date of effect before 1 January 1995.
"(4) If:
(a) subclause (3) applies to a claim, this Act, as in force on 1 January
1995, is taken to have been in force from the day on which the
bereavement allowance commences to be payable to the person for the
purpose of working out the payability and rate of the person's
bereavement allowance; and
(b) the person has no rights under this Act as in force immediately before
1 January 1995.
"(5) If, because of the operation of subclauses (3) and (4), bereavement
allowance is payable to a person with effect from a day before 1 January 1995,
the total amount payable to the person during the period that starts on that
day and ends immediately before 1 January 1995, is not to exceed the total
amount of widowed person allowance that would have been payable under this Act
if it were not amended by section 6 and Schedule 4 of the
SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994
No. 174, 1994 ACT 1994 No. 174, 1994 Amendment Act 1994.".
PART 3-CONSEQUENTIAL AMENDMENTS OF OTHER ACTS Division 1-Amendments of other
Acts as a result of the change of name of the widowed person allowance to
bereavement allowance Data-matching Program (Assistance and Tax) Act 1990 37.
Section 3 (subparagraph (c)(viii) of the definition of "personal assistance"):
After the subparagraph insert:
"(viiia) bereavement allowance;". Income Tax Assessment Act 1936 38. Section
24AB (Index of Payments Table): After:
" Age pension
24ABC " insert:
" Bereavement allowance
24ABH ". 39. Section 24AB(Index of Payments Table): Omit:
" Widowed person allowance
24ABH ". 40. Subsection 24ABA(1)(Supplementary Amounts Table): Omit "Widowed
person allowance", substitute "Bereavement allowance". 41. Subsection
24ABH(1): Omit "widowed person", substitute "bereavement".
Veterans' Entitlements Act 1986 42. Subsection 5Q(1) (paragraph (f) of the
definition of "social security pension"): Omit "widowed person allowance",
substitute "bereavement allowance". Division 2-Other consequential amendments
of other Acts Data-matching Program (Assistance and Tax) Act 1990 43. Section
3 (subparagraph (c)(xii) of the definition of "personal assistance"): After
the subparagraph insert:
"(xiia) widow allowance;". Health Insurance Act 1973 44. After paragraph
4D(1)(d): Insert:
"(e) widow allowance;". 45. Paragraphs 5D(1)(a) and 5D(1A)(b): After "a job
search allowance" insert ", widow allowance". 46. Subsection 5D(8): Add at the
end:
" 'widow allowance' means widow allowance under the Social Security Act
1991.". Income Tax Assessment Act 1936 47. Section 24AB (Index of Payments
Table): After:
" Telephone allowance
24ABZAA " insert:
" Widow allowance
24ABJ ". 48. Subsection 24ABA(1) (Supplementary Amounts Table): After
"Newstart allowance" insert "Widow allowance". 49. After section 24ABI:
Insert: Widow allowance
"24ABJ. The treatment of payments of widow allowance under Part 2.8A of the
Social Security Act 1991 is as follows:
(a) the supplementary amount is exempt;
(b) the balance is not exempt.". 50. Subsection 160AAA(1) (paragraph (a)
of definition of "rebatable benefit"): Before "2.11", insert "2.8A,".
51. Subsection 160AAA(1) (paragraph (b) of definition of "rebatable
pension"): Before "2.11", insert "2.8A,".
Veterans' Entitlements Act 1986 52. Subsection 5Q(1) (paragraph (a) of
the definition of "social security benefit"): Before the paragraph
insert:
"(aa) widow allowance under Part 2.8A; or".
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