Commonwealth Numbered Acts

SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994 No. 174, 1994 - SCHEDULE 6

                               SCHEDULE 6                   Section 8

AMENDMENTS RELATING TO THE PHASING OUT OF WIFE PENSION, SPECIAL
NEEDS WIFE PENSION AND MATURE AGE PARTNER ALLOWANCE
PART 1-AMENDMENTS RELATING TO THE PHASING OUT OF WIFE PENSION AND
SPECIAL NEEDS WIFE PENSION 1. Before Division 1 of Part 2.4: Insert in Part
2.4:

"Division 1A-Time limit on grant of wife pension Wife pension not to be
granted after 30 June 1995

"146V.(1) In spite of any other provision of this Part, other than section
183, a woman is not to be granted a wife pension unless:

   (a)  her claim for the pension is lodged on or before 30 June 1995; and

   (b)  she qualifies for the pension on or before 30 June 1995.

"(2) For the purposes of paragraph (1)(a), if subsection 150(2) applies, the
woman is taken to have lodged her claim on the day on which she makes her
initial claim.

"(3) In subsection (2):
'initial claim' has the same meaning as in subsection 150(2).". 2. Subsection
147(1A): Omit the subsection. 3. Section 155C: Repeal the section. 4. Section
183: Add at the end:

"(3) If:

   (a)  a woman is receiving a wife pension; and

   (b)  her partner's age pension, disability support pension, disability wage
        supplement or rehabilitation allowance is suspended by the Secretary
        under this Act; and

   (c)  the Secretary suspends her wife pension under section 182 as a result
        of the suspension referred to in paragraph (b); and

   (d)  her partner subsequently commences receiving the pension, supplement
        or allowance that was suspended; and

   (e)  the Secretary becomes satisfied that:

        (i)    she did not receive a wife pension that was payable to her; or

        (ii)   she is not receiving a wife pension that is payable to her; the
               Secretary is to determine that a wife pension was or is payable
               to the woman.". 5. Before Division 1 of Part 2.16: Insert in
               Part 2.16:

"Division 1A-Time limit on grant of special needs wife pension Special needs
wife pension not to be granted after 30 June 1995

"771P.(1) In spite of any other provision of this Part, other than section
819, a woman is not to be granted a special needs wife pension unless:

   (a)  her claim for the pension is lodged on or before 30 June 1995; and

   (b)  she qualifies for the pension on or before 30 June 1995.

"(2) For the purposes of paragraph (1)(a), if subsection 784(2) applies, the
woman is taken to have lodged her claim on the day on which she makes her
initial claim.

"(3) In subsection (2):
'initial claim' has the same meaning as in subsection 784(2).". 6. Section
819: Add at the end:

"(3) If:

   (a)  a woman is receiving a special needs wife pension; and

   (b)  her partner's special needs age pension or special needs disability
        support pension is suspended by the Secretary under this Act; and

   (c)  the Secretary suspends her special needs wife pension under section
        818 as a result of the suspension referred to in paragraph (b); and

   (d)  her partner subsequently commences receiving the pension that was
        suspended; and

   (e)  the Secretary becomes satisfied that:

        (i)    she did not receive a special needs wife pension that was
               payable to her; or

        (ii)   she is not receiving a special needs wife pension that is
               payable to her; the Secretary is to determine that a special
               needs wife pension was or is payable to the woman.".
PART 2-AMENDMENTS RELATING TO THE PHASING OUT OF MATURE AGE
PARTNER ALLOWANCE 7. Section 660XAB: Omit the section, substitute: Time limits
on claims of mature age allowance and grant of mature age partner allowance

"660XAB.(1) In spite of any other provision of this Part, other than section
660XJO, a person is not to be granted a mature age allowance unless the
person's claim for the allowance is lodged on or before 30 June 1996.

"(2) In spite of any other provision of this Part, other than section 660XJO,
a person is not to be granted a mature age partner allowance unless:

   (a)  the person's claim for the allowance is lodged on or before 30 June
        1995; and

   (b)  the person qualifies for the allowance on or before 30 June 1995.

"(3) For the purposes of paragraph (2)(a), if subsection 660XCK(2) applies,
the person is taken to have lodged his or her claim on the day on which the
person makes his or her initial claim.

"(4) In subsection (3):
'initial claim' has the same meaning as in subsection 660XCK(2).". 8. Section
660XJO: Add at the end:

"(3) If:

   (a)  a person is receiving a mature age partner allowance; and

   (b)  the person's partner's mature age allowance is suspended by the
        Secretary under this Act; and

   (c)  the Secretary suspends the person's mature age partner allowance under
        section 660XJL as a result of the suspension referred to in paragraph
        (b); and

   (d)  the person's partner subsequently commences receiving the allowance
        that was suspended; and

   (e)  the Secretary becomes satisfied that:

        (i)    the person did not receive a mature age partner allowance that
               was payable to the person; or

        (ii)   the person is not receiving a mature age partner allowance that
               is payable to the person; the Secretary is to determine that a
               mature age partner allowance was or is payable to the person.".