SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (2014 BUDGET MEASURES NO. 6) ACT 2014 (NO. 122, 2014) - SCHEDULE 5 Portability of disability support pension
SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (2014 BUDGET MEASURES NO. 6) ACT 2014 (NO. 122, 2014) - SCHEDULE 5
Portability of disability support pension
3 Paragraph 1217(2)(b)
Repeal the paragraph, substitute:
(b) except where an unlimited absence is specified in column 5 of the item or a provision of Subdivision B applies, the absence does not:
(i) exceed the period specified in column 5 of that item; or
(ii) in the case of item 2--cause the total number of days (whether consecutive or not) of the person's temporary absence from Australia in the last 12 months to exceed 28, ignoring days in accordance with that item.
4 Subsection 1217(4)
Omit "a period of weeks", substitute "not an unlimited period".
5 Subparagraph 1217(4)(b)(ii)
Omit "of weeks".
6 Section 1217 (table item 2)
Repeal the item, substitute:
|
2 |
Disability support pension |
Australian resident disability support pensioner |
Any temporary absence, except for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose |
A total of 28 days (whether consecutive or not) of temporary absence from Australia for any purpose in the last 12 months, ignoring days on which the person was not receiving disability support pension (but see also sections 1218AAA, 1218AA, 1218AB, 1218, 1218C and 1218D) |
|
2AA |
Disability support pension |
Australian resident disability support pensioner |
Temporary absence for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose |
4 weeks (but see also sections 1218AAA, 1218AA, 1218AB, 1218, 1218C and 1218D) |
7 Subsection 1218AA(3)
Repeal the subsection, substitute:
(3) If the Secretary revokes the determination, this Part has effect after the revocation as if:
(a) the person's maximum portability period for the pension were worked out under whichever one of items 2, 2AA and 2A of the table in section 1217 applies; and
(b) if the person was absent from Australia at the time of the revocation--the person's absence started on the revocation; and
(c) if item 2 of the table in section 1217 applies--the person had not been absent from Australia at any time in the 12 months before the revocation.
10 Application and transitional provisions
(1) The amendments made by this Schedule apply in relation to temporary absences of Australian resident disability support pensioners from Australia that start on or after the commencement of this Schedule. For this purpose, Australian resident disability support pensioner has the same meaning as in Part 4.2 of the Social Security Act 1991 .
(2) In applying the amendments in relation to temporary absences that start on, or in the first 12 months after, the commencement of this Schedule, ignore days of temporary absence that occurred before that commencement.
(3) Despite subitem (1), the amendments made by this Schedule do not apply in relation to an Australian resident disability support pensioner's temporary absence from Australia if, before 14 May 2014, one or more contracts were made for him or her to be transported:
(a) from Australia at the start of the absence; and
(b) back to Australia before 1 January 2016 for the end of the absence.