SOCIAL SECURITY LEGISLATION AMENDMENT ACT (NO. 4) 1991 NO. 194, 1991 SOCIAL SECURITY LEGISLATION AMENDMENT ACT (NO. 4) 1991 NO. 194, 1991 - TABLE OF PROVISIONS 1. Short title etc. 2. Commencement 3. Application 4. Earnings credit account balance 5. Indexed and adjusted amounts 6. CPI Indexation Table 7. Rate of job search allowance (under 18) and sickness allowance (under 18) 8. Rate of job search allowance (18 or over) and newstart allowance and sickness allowance (18 or over) 9. General effect of Part 10. Rate reduction of certain pensions, benefits and allowances where periodic compensation payments received 11. Person may have to repay amount where both periodic compensation payments and pension, benefit or allowance payments have been received 12. Rate of pharmaceutical allowance 13. Rate of age, disability support (over 20), wife and carer pensions (people who are not blind) 14. Maximum basic rate 15. Rate of remote area allowance 16. Rate of age and disability support (over 20) pensions (blind people) 17. Maximum basic rate 18. Rate of remote area allowance 19. Rate of remote area allowance 20. Rate of disability support pension (people under 21 who are not blind) 21. Maximum basic rate 22. Rate of remote area allowance 23. Rate of disability support pension (people under 21 who are blind) 24. Maximum basic rate 25. Rate of remote area allowance 26. Method of calculating rate 27. Rate of benefit where benefit not payable to partner 28. Maximum basic rate 29. Omission of Module 30. Effect of parental assets and income on maximum payment rate 31. Effect of ordinary income on maximum payment rate 32. Effect of maintenance income on maximum payment rate 33. Rate of remote area allowance 34. Method of calculating rate 35. Rate of benefit where benefit not payable to partner 36. Maximum basic rate 37. Omission of Module 38. Effect of ordinary income on maximum payment rate 39. Effect of maintenance income on maximum payment rate 40. Rate of remote area allowance 41. Indexed and adjusted amounts 42. CPI Indexation Table 43. Adjustment of disability support pension (under 21 and child) MBRs 44. Adjustment of disability support pension (under 21 and no child) MBRs 45. Adjustment of certain pharmaceutical allowance rates 46. Schedule 1A 47. Pharmaceutical allowance definitions 48. 49. Repeal of Part 2.23 50. Indexed and adjusted amounts 51. CPI Indexation Table 52. Rounding off indexed amounts 53. Repeal of section 1206B: 54. General effect of Chapter 55. Debts due to the Commonwealth 56. 57. Index of definitions 58. Assets test definitions 59. General definitions 60. 61. Qualification for job search allowance 62. Effect of incapacity on qualification 63. Job search allowance may continue to end of payment period 64. Registration by CES 65. Provisional commencement day 66. Qualification for newstart allowance 67. Effect of incapacity on qualification 68. Registration by CES 69. Provisional commencement day 70. Application of financial hardship rules - benefits 71. Non-reviewable decisions 72. 73. Amendments of the Principal Act 74. Amendments of other Acts 75. New international agreements with Ireland and Portugal 76. Agreement on social security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - LONG TITLE An Act to amend the Social Security Act 1991, and for related purposes SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 1 Short title etc. (Assented to 13 December 1991) 1.(1) This Act may be cited as the Social Security Legislation Amendment Act (No. 4) 1991. (2) In this Act, "Principal Act" means the Social Security Act 1991.*1* (Minister's second reading speech made in- House of Representatives on 8 November 1991 a.m. Senate on 14 November 1991) *1* Nos. 46, 68, 69, 70, 73, 74, 115, 116 and 141, 1991. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 2 Commencement 2.(1) The following provisions commence on the day on which this Act receives the Royal Assent: (a) Part 1; (b) Division 6 of Part 2; (c) Part 3; (d) Part 4; (e) Part 2 of Schedule 1; (f) Part 3 of Schedule 2; (g) Schedule 3; (h) Part 1 of Schedule 5; (i) Schedule 6. (2) Division 1 of Part 2 commences on 1 July 1992. (3) Divisions 2 and 3 of Part 2 and Part 2 of Schedule 4 commence on 20 March 1992. (4) Division 4 of Part 2 and Part 6 of Schedule 2 commence on 12 March 1992. (5) Division 5 of Part 2 (other than section 49) and Part 5 of Schedule 2 commence, or are taken to have commenced, on 1 January 1992. (6) Section 49 commences on 1 January 1994. (7) Division 7 of Part 2 is taken to have commenced on 1 December 1991. (8) Part 1 of Schedule 1 and Part 1 of Schedule 2 are taken to have commenced on 1 July 1991. (9) Part 3 of Schedule 1 commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Agreement on Social Security between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland dated 1 October 1990 comes into force for Australia, and not later than 3 months after that day. (10) Part 4 of Schedule 1 commences, or is taken to have commenced, immediately after the commencement of section 57 of the Social Security Legislation Amendment Act (No. 3) 1991. (11) Part 2 of Schedule 2 and Part 1 of Schedule 4 are taken to have commenced on 12 November 1991. (12) Part 4 of Schedule 2 commences, or is taken to have commenced, immediately after the commencement of Part 3 of the Schedule to the Social Security Legislation Amendment Act (No. 3) 1991. (13) Part 2 of Schedule 5 is taken to have commenced immediately after the commencement of the Data-matching Program (Assistance and Tax) Act 1990. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 3 Application 3.(1) The amendments made by sections 4, 5 and 6 apply to instalments of social security pension that fall due on or after 2 July 1992. (2) The amendments made by sections 54, 55 and 56 apply to instalments of social security benefit that fall due on or after 1 December 1991. (3) The amendments made to sections 1067 and 1068 of the Principal Act in Part 2 of Schedule 1 apply to payments of ABSTUDY allowance received on or after the day on which this Act receives the Royal Assent. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 4 Earnings credit account balance 4. Section 1115 of the Principal Act is amended: (a) by inserting after point 1115-A2 the following Note: "Note: the individual earnings credit account limit is indexed annually in line with CPI increases (see sections 1191 to 1194)."; (b) by inserting after point 1115-A4 the following Note: "Note: the joint earnings credit account limit is indexed annually in line with CPI increases (see sections 1191 to 1194).". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 5 Indexed and adjusted amounts 5. Section 1190 of the Principal Act is amended by inserting after item 23B the following items: " Earnings credit 23C. Upper limit for individual earnings (Section 1115 individual earnings credit account - point 1115 - A2) credit account balance 23D. Upper limit for joint earnings credit (Section 1115 joint earnings credit limit - point 1115 - A4)". account balance SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 6 CPI Indexation Table 6. Section 1191 of the Principal Act is amended by inserting after item 17B in the table in subsection (1) the following items: " Earnings credit 17C. individual earnings 1 July March most recent $50.00 credit limit March quarter before reference quarter 17D. joint earnings credit 1 July March most recent $100.00 limit March quarter before reference quarter $100.00 SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 7 Rate of job search allowance (under 18) and sickness allowance (under 18) 7. Section 1067 of the Principal Act is amended: (a) by omitting subparagraph 1067-F5(c)(iii) and substituting the following subparagraph: "(iii) the person ceased to receive that other social security benefit not more than: (A) if the rate being worked out is a rate of job search allowance - 6 weeks before commencing to receive that allowance; or (B) if the rate being worked out is a rate of sickness allowance - 4 weeks before commencing to receive that allowance."; (b) by omitting from paragraph 1067-F7(c) all words from and including "start more than" and substituting: "starts: (i) if the rate being worked out is a rate of job search allowance - more than 6 weeks after the end of the immediately preceding waiting period; or (ii) if the rate being worked out is a rate of sickness allowance - more than 4 weeks after the end of the immediately preceding waiting period."; (c) by omitting from point 1067-F9 all words after "waiting" and substituting the following: "period ended: (a) if the rate being worked out is a rate of job search allowance - more than 6 weeks before that time; or (b) if the rate being worked out is a rate of sickness allowance - more than 4 weeks before that time.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 8 Rate of job search allowance (18 or over) and newstart allowance and sickness allowance (18 or over) 8. Section 1068 of the Principal Act is amended: (a) by omitting subparagraph 1068-F7(d)(iii) and substituting the following subparagraph: "(iii) the person ceased to receive that other social security benefit not more than: (A) if the rate being worked out is a rate of job search allowance - 6 weeks before commencing to receive that allowance; or (B) if the rate being worked out is a rate of newstart allowance - 13 weeks before commencing to receive that allowance; or (C) if the rate being worked out is a rate of sickness allowance - 4 weeks before commencing to receive that allowance;"; (b) by omitting from paragraph 1068-F9(c) all words from and including "start more than" and substituting: "starts: (i) if the rate being worked out is a rate of job search allowance - more than 6 weeks after the end of the immediately preceding waiting period; or (ii) if the rate being worked out is a rate of newstart allowance - more than 13 weeks after the end of the immediately preceding waiting period; or (iii) if the rate being worked out is a rate of sickness allowance - more than 4 weeks after the end of the immediately preceding waiting period."; (c) by omitting from point 1068-F11 all words after "waiting" and substituting the following: "period ended: (a) if the rate being worked out is a rate of job search allowance - more than 6 weeks before that time; or (b) if the rate being worked out is a rate of newstart allowance - more than 13 weeks before that time; or (c) if the rate being worked out is a rate of sickness allowance - more than 4 weeks before that time.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 9 General effect of Part 9. Section 1163 of the Principal Act is amended: (a) by inserting after subparagraph (1)(a)(i) the following subparagraph: 7 "(ia) sole parent pension;"; (b) by inserting after subparagraph (1)(b)(i) the following subparagraph: 7 "(ia) sole parent pension;"; (c) by adding at the end the following subsection: "(7) A sole parent pension will only be affected under this Part if: (a) the compensation is received on or after 20 March 1992; and (b) the claim for the pension was made on or after 20 March 1992.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 10 Rate reduction of certain pensions, benefits and allowances where periodic compensation payments received 10. Section 1168 of the Principal Act is amended: (a) by omitting paragraph (1)(b) and substituting the following paragraphs: "(b) the person is qualified for: (i) disability support pension; or (ii) sole parent pension; or (iii) social security benefit; or (iv) rehabilitation allowance payable in place of one of those; or (v) special needs disability support pension; for the periodic payments period; and (c) the person was not, at the time of the event that gave rise to the entitlement of the person, or the person's partner, to the compensation, qualified for a pension, benefit or allowance referred to in paragraph (b);"; (b) by omitting paragraph (2)(c) and substituting the following paragraph: "(c) the person's partner is qualified for: (i) disability support pension; or (ii) sole parent pension; or (iii) social security benefit; or (iv) rehabilitation allowance payable in place of one of those; or (v) wife pension; or (vi) carer pension because of caring for the person; or (vii) special needs disability support pension; or (viii) special needs wife pension;"; (c) by inserting in columns 3 and 4 of the Reduction Table in subsection (3) "SPP" after "DSP" (wherever occurring); (d) by inserting in the Key to the Reduction Table in subsection (3) "SPP=sole parent pension" after "DSP=disability support pension". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 11 Person may have to repay amount where both periodic compensation payments and pension, benefit or allowance payments have been received 11. Section 1170 of the Principal Act is amended: (a) by omitting paragraphs (1)(b) and (c) and substituting the following paragraphs: "(b) the person receives payments of: (i) disability support pension; or (ii) sole parent pension; or (iii) social security benefit; or (iv) rehabilitation allowance payable in place of one of those; or (v) special needs disability support pension; for the periodic payments period; and (c) the person was not, at the time of the event that gave rise to the entitlement of the person to the compensation, receiving a pension, benefit or allowance referred to in paragraph (b); and (d) those pension, benefit or allowance payments have not been reduced under section 1168;"; (b) by inserting in columns 3 and 4 of the Recoverable Amount Table in subsection (2) "SPP" after "DSP" (wherever occurring); (c) by inserting in the Key to the Recoverable Amount Tablein subsection (2) "SPP=sole parent pension" after "DSP=disability support pension". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 12 Rate of pharmaceutical allowance 12. Section 1061C of the Principal Act is amended: (a) by omitting item 2 from the Pharmaceutical Allowance Rate Table in subsection (1); (b) by omitting from item 3 in the Pharmaceutical Allowance Rate Table in subsection (1) "(partner getting social security pension or benefit)"; (c) by renumbering items 3, 4 and 5 in the Pharmaceutical Allowance Rate Table in subsection (1) as items 2, 3 and 4; (d) by omitting subsection (2). SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 13 Rate of age, disability support (over 20), wife and carer pensions (people who are not blind) 13. Section 1064 of the Principal Act is amended by omitting subsection (3). SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 14 Maximum basic rate 14. Point 1064-B1 of Pension Rate Calculator A in section 1064 of the Principal Act is amended: (a) in Table B: (i) by omitting item 2; (ii) by omitting from item 3 "(partner getting pension or benefit)"; (iii) by renumbering items 3 and 4 as items 2 and 3; (b) by omitting from Note 1 "(partner getting neither pension nor benefit)", "partnered (partner getting pension or benefit)". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 15 Rate of remote area allowance 15. Point 1064-H2 of Pension Rate Calculator A in section 1064 of the Principal Act is amended in Table H: (a) by omitting from item 2 " - partner receiving remote area allowance"; (b) by omitting item 3; (c) by renumbering item 4 as item 3. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 16 Rate of age and disability support (over 20) pensions (blind people) 16. Section 1065 of the Principal Act is amended by omitting subsection (2). SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 17 Maximum basic rate 17. Point 1065-B1 of Pension Rate Calculator B in section 1065 of the Principal Act is amended: (a) in Table B: (i) by omitting item 2; (ii) by omitting from item 3 "(partner getting pension or benefit)"; (iii) by renumbering items 3 and 4 as items 2 and 3; (b) by omitting from Note 1 to Table B "(partner getting neither pension nor benefit)", "partnered (partner getting pension or benefit)". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 18 Rate of remote area allowance 18. Point 1065-E2 of Pension Rate Calculator B in section 1065 of the Principal Act is amended in Table E: (a) by omitting from item 2 " - partner eligible to receive remote area allowance"; (b) by omitting item 3; (c) by renumbering item 4 as item 3. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 19 Rate of remote area allowance 19. Point 1066-H2 of Pension Rate Calculator C in section 1066 of the Principal Act is amended in Table H: (a) by omitting from item 2 " - partner receiving remote area allowance"; (b) by omitting item 3; (c) by renumbering item 4 as item 3. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 20 Rate of disability support pension (people under 21 who are not blind) 20. Section 1066A of the Principal Act is amended by omitting subsection (4). SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 21 Maximum basic rate 21. Point 1066A-B1 of Pension Rate Calculator D in section 1066A of the Principal Act is amended: (a) in Table B: (i) by omitting from item 5 "(partner getting neither pension nor benefit)"; (ii) by omitting from item 6 "(partner getting neither pension nor benefit)"; (iii) by omitting item 7; (iv) by omitting item 8; (v) by renumbering items 9 and 10 as items 7 and 8; (b) by omitting from Note 1 to Table B "(partner getting neither pension nor benefit)", "partnered (partner getting pension or benefit)". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 22 Rate of remote area allowance 22. Point 1066A-I2 of Pension Rate Calculator D in section 1066A of the Principal Act is amended in Table I: (a) by omitting from item 2 " - partner receiving remote area allowance"; (b) by omitting item 3; (c) by renumbering item 4 as item 3. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 23 Rate of disability support pension (people under 21 who are blind) 23. Section 1066B of the Principal Act is amended by omitting subsection (3). SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 24 Maximum basic rate 24. Point 1066B-B1 of Pension Rate Calculator E in section 1066B of the Principal Act is amended: (a) in Table B: (i) by omitting from item 5 "(partner getting neither pension nor benefit)"; (ii) by omitting from item 6 "(partner getting neither pension nor benefit)"; (iii) by omitting item 7; (iv) by omitting item 8; (v) by renumbering items 9 and 10 as items 7 and 8; (b) by omitting from Note 1 to Table B "(partner getting neither pension nor benefit)", "partnered (partner getting pension or benefit)". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 25 Rate of remote area allowance 25. Point 1066B-F2 of Pension Rate Calculator E in section 1066B of the Principal Act is amended in Table F: (a) by omitting from item 2 " - partner eligible to receive remote area allowance"; (b) by omitting item 3; (c) by renumbering item 4 as item 3. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 26 Method of calculating rate 26. Point 1067-A1 of Benefit Rate Calculator A in section 1067 of the Principal Act is amended in the Method Statement: (a) by omitting Step 3; (b) by omitting from Step 6 "1 to 5" and substituting "1 to 4"; (c) by renumbering Steps 4 to 12 as Steps 3 to 11; (d) by omitting from Note 1 "Step 8 or Step 12" and substituting "Step 7 or Step 11". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 27 Rate of benefit where benefit not payable to partner 27. Point 1067-A2 of Benefit Rate Calculator A in section 1067 of the Principal Act is amended by omitting "Module D does not apply.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 28 Maximum basic rate 28. Point 1067-B1 of Benefit Rate Calculator A in section 1067 of the Principal Act is amended: (a) in Table B of point 1067-B1: (i) by omitting from item 3 "(partner getting neither pension nor benefit)"; (ii) by omitting item 4; (iii) by renumbering item 5 as item 4; (b) by omitting from Note 1 to Table B "(partner getting neither pension nor benefit)", "partnered (partner getting pension or benefit)"; (c) by omitting Note 6 to Table B; (d) by renumbering Note 7 as Note 6. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 29 Omission of Module 29. Module D of Benefit Rate Calculator A in section 1067 of the Principal Act is omitted. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 30 Effect of parental assets and income on maximum payment rate 30. Point 1067-G1 of Benefit Rate Calculator A in section 1067 of the Principal Act is amended by omitting from the Note "Steps 7, 8 and 12" and substituting "Steps 6, 7 and 11". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 31 Effect of ordinary income on maximum payment rate 31. Point 1067-H1 of Benefit Rate Calculator A in section 1067 of the Principal Act is amended by omitting from Note 2 "Steps 9 to 12" and substituting "Steps 8 to 11". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 32 Effect of maintenance income on maximum payment rate 32. Point 1067-J1 of Benefit Rate Calculator A in section 1067 of the Principal Act is amended by omitting from the Note "Steps 10 to 12" and substituting "Steps 9 to 11". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 33 Rate of remote area allowance 33. Point 1067-K3 of Benefit Rate Calculator A in section 1067 of the Principal Act is amended: (a) in Table K: (i) by omitting from item 2 "remote area allowance payable to partner" and substituting "partner is not a benefit increase partner"; (ii) by omitting items 4 and 6; (iii) by renumbering item 5 as item 4; (b) by omitting from Note 2 to Table K of point 1067-K3 "item 5" and substituting "item 4". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 34 Method of calculating rate 34. Point 1068-A1 of Benefit Rate Calculator B in section 1068 of the Principal Act is amended: (a) in the Method Statement: (i) by omitting Step 3; (ii) by omitting from Step 6 "Steps 1 to 5" and substituting "Steps 1 to 4"; (iii) by renumbering Steps 4 to 10 as Steps 3 to 9; (b) by omitting from Note 1 "Step 10" and substituting "Step 9". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 35 Rate of benefit where benefit not payable to partner 35. Point 1068-A2 of Benefit Rate Calculator B in section 1068 of the Principal Act is amended by omitting from point 1068-A2 "Module D does not apply.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 36 Maximum basic rate 36. Point 1068-B1 of Benefit Rate Calculator B in section 1068 of the Principal Act is amended: (a) in Table B of point 1068-B1: (i) by omitting from item 6 "(partner getting neither pension nor benefit)"; (ii) by omitting from item 7 "(partner getting neither pension nor benefit)"; (iii) by omitting items 8 and 9; (iv) by renumbering items 10 and 11 as items 8 and 9; (b) by omitting from Note 1 "(partner getting neither pension nor benefit)", "partnered (partner getting pension or benefit)"; (c) by omitting from Note 4 ", 8 and 10" and substituting "and 8"; (d) by omitting Note 6; (e) by renumbering Note 7 as Note 6; (f) by omitting from Note 7 "or 8". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 37 Omission of Module 37. Module D of Benefit Rate Calculator B in section 1068 of the Principal Act is omitted. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 38 Effect of ordinary income on maximum payment rate 38. Point 1068-G1 of Benefit Rate Calculator B in section 1068 of the Principal Act is amended by omitting from Note 2 "Steps 7 to 10" and substituting "Steps 6 to 9". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 39 Effect of maintenance income on maximum payment rate 39. Point 1068-H1 of Benefit Rate Calculator B in section 1068 of the Principal Act is amended by omitting from the Note "Steps 8 to 10" and substituting "Steps 7 to 9". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 40 Rate of remote area allowance 40. Point 1068-J3 of Benefit Rate Calculator B in section 1068 of the Principal Act is amended: (a) in Table J: (i) by omitting from item 2 "remote area allowance payable to partner" and substituting "partner is not a benefit increase partner"; (ii) by omitting items 4 and 6; (iii) by renumbering item 5 as item 4; (b) by omitting from Note 2 "item 5" and substituting "item 4". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 41 Indexed and adjusted amounts 41. Section 1190 of the Principal Act is amended: (a) in column 4 of item 2 of the Indexed and Adjusted Amounts Table: (i) by omitting "column 3A - items 1 to 5" and substituting "column 3A - all amounts"; (ii) by omitting "column 3B - items 3, 4, 5, 7, 9 and 11" and substituting "column 3B - items 3, 4, 5, 7 and 9"; (b) in column 4 of item 3 of the Indexed and Adjusted Amounts Table by omitting "column 3B - items 1, 2, 6, 8 and 10" and substituting "column 3B - items 1, 2, 6 and 8"; (c) by omitting items 46 and 47 of the Indexed and Adjusted Amounts Table and substituting the following item: "46 Rate of pharmaceutical PA 'partnered' (item Section 1061C - allowance for a person with a (item 2) rate Table-column partner column 3 - item 2)"; (d) by omitting from columns 4 and 5 of item 48 "item 4" and substituting "item 3"; (e) by omitting from columns 4 and 5 of item 49 "item 5" and substituting "item 4". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 42 CPI Indexation Table 42. Section 1191 of the Principal Act is amended: (a) by omitting from column 2 in item 31 of the CPI Indexation Table in subsection (1) "item 3" and substituting "item 2"; (b) by omitting from column 2 in item 32 of the CPI Indexation Table in subsection (1) "item 5" and substituting "item 4". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 43 Adjustment of disability support pension (under 21 and child) MBRs 43. Section 1198A of the Principal Act is amended: (a) by omitting from the Adjustment of DSP (under 21 and child) MBR Table items 5, 10, 15 and 20; (b) by renumbering items 1 to 20 in that Table as items 1 to 16. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 44 Adjustment of disability support pension (under 21 and no child) MBRs 44. Section 1198B of the Principal Act is amended: (a) by omitting from the Adjustment of DSP (under 21 and no child) MBR Table items 5, 10, 15 and 20; (b) by renumbering items 1 to 20 in that Table as items 1 to 16. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 45 Adjustment of certain pharmaceutical allowance rates 45. Section 1206A of the Principal Act is amended: (a) by omitting paragraph (b); (b) by omitting "item 3" (wherever occurring) and substituting "item 2". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 46 Schedule 1A 46. Schedule 1A of the Principal Act is amended: (a) by omitting from paragraph 31(d) "items 3 and 4" and substituting "item 3"; (b) by omitting from paragraph 31(e) "items 6 and 8" and substituting "item 6"; (c) by inserting after clause 40 the following clauses: Members of couples (changes made on 12 March 1992) "41.(1) This clause applies to a person if: (a) immediately before 12 March 1992: (i) the person was receiving a social security pension or a social security benefit; and (ii) the person was a member of a couple; and (iii) the person's partner: (A) was not receiving a social security pension; and (B) was not receiving a social security benefit; and (C) was not receiving a service pension; and (b) the clause has not ceased to apply to the person. "(2) This clause ceases to apply to a person if: (a) the person ceases to receive that pension or benefit; or (b) the rate of pension or benefit that would be payable to the person if this clause applied is less than the rate that would otherwise be payable; or (c) the person ceases to be a member of that couple; or (d) the person's partner receives: (i) a social security pension; or (ii) a social security benefit; or (iii) a service pension. "(3) If this clause applies to a person, the rate of the person's pension or benefit is to be calculated by using the appropriate Pension or Benefit Rate Calculator as if: (a) Pension Rate Calculator A were modified as specified in clause 42; and (b) Pension Rate Calculator B were modified as specified in clause 43; and (c) Pension Rate Calculator C were modified as specified in clause 44; and (d) Pension Rate Calculator D were modified as specified in clause 45; and (e) Pension Rate Calculator E were modified as specified in clause 46; and (f) Benefit Rate Calculator A were modified as specified in clause 47; and (g) Benefit Rate Calculator B were modified as specified in clause 48. Modifications of Pension Rate Calculator A (changes made on 12 March 1992) "42. If clause 41 and Pension Rate Calculator A in section 1064 apply to a person, the rate of the person's pension is to be calculated as if: (a) point 1064-B1 were omitted and the following point were substituted: Maximum basic rate `1064-B1. A person's maximum basic rate is $7,841.60 per year ($301.60 per fortnight).'; (b) point 1064-H2 were omitted and the following point were substituted: Rate of remote area allowance `1064-H2. The rate of remote area allowance payable to a person is worked out using Table H. The rate is the amount in column 1 plus an additional amount in column 3 for each pension or benefit increase child of the person. TABLE H REMOTE AREA ALLOWANCE column 1 column 2 column 3 column 4 basic allowance basic allowance additional additional per year per fortnight allowance allowance per year per fortnight $364.00 $14.00 $182.00 $7.00 Modifications of Pension Rate Calculator B (changes made on 12 March 1992) "43. If clause 41 and Pension Rate Calculator B in section 1065 apply to a person, the rate of the person's pension is to be calculated as if: (a) point 1065-B1 were omitted and the following point were substituted: Maximum basic rate `1065-B1. A person's maximum basic rate is $7,841.60 per year ($301.60 per fortnight).'; (b) point 1065-E2 were omitted and the following point were substituted: Rate of remote area allowance `1065-E2. The rate of remote area allowance payable to a person is worked out using Table E. The rate is the amount in column 1 plus an additional amount in column 3 for each pension or benefit increase child of the person. TABLE E REMOTE AREA ALLOWANCE column 1 column column 3 column 4 basic allowance basic allowance additional additional per year per fortnight per year allowance per fortnight $364.00 $14.00 $182.00 $7.00 Modifications of Pension Rate Calculator C (changes made on 12 March 1992) "44. If clause 41 and Pension Rate Calculator C in section 1066 apply to a person, the rate of the person's pension is to be calculated as if point 1066-H2 were omitted and the following point were substituted: Rate of remote area allowance `1066-H2. The rate of remote area allowance payable to a person is worked out using Table H. The rate is the amount in column 1 plus an additional amount in column 3 for each pension or benefit increase child of the person. TABLE H REMOTE AREA ALLOWANCE column 1 column 2 column 3 column 4 basic allowance basic allowance additional additional per year per fortnight allowance per fortnight $364.00 $14.00 $182.00 $7.00 Modifications of Pension Rate Calculator D (changes made on 12 March 1992) "45. If clause 41 and Pension Rate Calculator D in section 1066A apply to a person, the rate of the person's pension is to be calculated as if point 1066A-I2 were omitted and the following point were substituted: Rate of remote area allowance `1066A-I2. The rate of remote area allowance payable to a person is worked out using Table I. The rate is the amount in column 1 plus an additional amount in column 3 for each pension or benefit increase child of the person. TABLE I REMOTE AREA ALLOWANCE column 1 column 2 column 3 column 4 basic allowance basic allowance additional additional per year per fortnight per year per fortnight $364.00 $14.00 $182.00 $7.00 Modifications of Pension Rate Calculator E (changes made on 12 March 1992) "46. If clause 41 and Pension Rate Calculator E in section 1066B apply to a person, the rate of the person's pension is to be calculated as if point 1066B-F2 were omitted and the following point were substituted: Rate of remote area allowance `1066B-F2. The rate of remote area allowance payable to a person is worked out using Table F. The rate is the amount in column 1 plus an additional amount in column 3 for each pension or benefit increase child of the person. TABLE F REMOTE AREA ALLOWANCE column 1 column 2 column 3 column 4 basic allowance basic allowance additional additional per year per fortnight allowance allowance per year per year $364.00 $14.00 $182.00 $7.00 Modifications of Benefit Rate Calculator A (changes made on 12 March 1992) "47. If clause 41 and Benefit Rate Calculator A in section 1067 apply to a person, the rate of the person's pension is to be calculated as if: (a) point 1067-A1 were omitted and the following point were substituted: Method statement Method of calculating rate `1067-A1. The rate of benefit is a fortnightly rate. Step 1. Work out the person's maximum basic rate using MODULE B below. Step 2. Work out any additional payment for a partner using MODULE C below. Step 3. Work out any supplementary amount in respect of the person using MODULE D below. Step 4. Work out any applicable additional amount for dependent children using MODULE E below. Step 5. If the person has a dependent child or is a member of a couple, work out any applicable additional amount for rent using MODULE F below. Step 6. Add up the amounts obtained in Steps 1 to 5: the result is called the maximum payment rate. Step 7. If the parental means test applies to the person (see points 1067-G2 to 1067-G7), work out the reduction for parental assets and income using MODULE G below. Step 8. Take the reduction for parental assets and income away from the maximum payment rate: the result is called the parental means test reduced rate. Step 9. Apply the ordinary income test using MODULE H below to work out the reduction for ordinary income. Step 10. Apply the maintenance income test using MODULE J below to work out the reduction for maintenance income. Step 11. Add up the reductions for ordinary income and maintenance income: the result is called the total income reduction. Step 12. The rate of benefit is worked out by taking the total income reduction away from: (a) if the parental means test does not apply to the person - the maximum payment rate; or (b) if the parental means test applies to the person - the parental means test reduced rate; and adding any amount payable by way of remote area allowance (see MODULE K below). Note: if a person's rate is reduced under Step 8 or Step 12, the order in which the reduction is to be made against the components of the maximum payment rate is laid down by section 1207 (maximum basic rate and additional amount for partner first, then rent assistance and finally child amounts).'; (b) after Module C the following Module were inserted: `MODULE D - SUPPLEMENTARY AMOUNT FOR MEMBER OF COUPLE IN SOME CIRCUMSTANCES Interim total of members of couples in which partner receives neither pension nor benefit not to fall below comparable "single" MBR `1067-D1. A supplementary amount is to be added to the person's maximum basic rate if: (a) the person is a member of a couple; and (b) the person's partner: (i) is not receiving a social security pension; and (ii) is not receiving a service pension; and (iii) is not receiving a social security benefit; and (iv) is not receiving an AUSTUDY allowance; and (v) is not receiving an ABSTUDY allowance; and (c) either: (i) no amount is to be added to the person's maximum basic rate under point 1067-C1; or (ii) the amount to be added to the person's maximum basic rate under point 1067-C1 is reduced under point1067-C4; and (d) the person's interim total is less than the comparable "single" MBR for the person. Note 1: for "interim total" see point 1067-D2 below. Note 2: for "comparable `single' MBR" see point 1067-D3 below. Interim total `1067-D2. A person's interim total is the sum of the person's maximum basic rate and the amount (if any) to be added under Module C. Comparable `single' MBR `1067-D3. A comparable "single" MBR for a person is: (a) if the person has a dependent child - the rate specified under column 3A against item 1 in Table B in point 1067-B1; or (b) if the person does not have a dependent child - the rate specified under column 3B against item 2 in Table B in point 1067-B1. Rate of supplementary amount `1067-D4. The supplementary amount is the difference between the person's interim total and the comparable "single" MBR for the person.'; (c) point 1067-K3 were omitted and the following point were substituted: Rate of remote area allowance `1067-K3. The rate of remote area allowance payable to a person is worked out using Table K. The rate is the amount in column 1 plus an additional amount in column 2 for each pension or benefit increase child of the person. TABLE K REMOTE AREA ALLOWANCE column 1 column allowance 2 basic allowance additional allowance for each pension or benefit increase child $14.00 $7.00 '. Modifications of Benefit Rate Calculator B (changes made on12 March 1992) "48. If clause 41 and Benefit Rate Calculator B in section 1068 apply to a person, the rate of the person's pension is to be calculated as if: (a) point 1068-A1 were omitted and the following point were substituted: Interim total `1068-A1. The rate of benefit is a fortnightly rate. Method statement Step 1. Work out the person's maximum basic rate using MODULE B below. Step 2. Work out any additional payment for a dependent partner using MODULE C below. Step 3. Work out any supplementary amount in respect of the person using MODULE D below. Step 4. Work out any applicable additional amount for children using MODULE E below. Step 5. Work out any applicable additional amount for rent using MODULE F below. Step 6. Add up the amounts obtained in Steps 1 to 5: the result is called the maximum payment rate. Step 7. Apply the ordinary income test using MODULE G below to work out the reduction for ordinary income. Step 8. Apply the maintenance income test using MODULE H below to work out the reduction for maintenance income. Step 9. Add up the reductions for ordinary income and maintenance income: the result is called the total income reduction. Step 10. The rate of benefit is the difference between: plus any amount payable by way of remote area allowance (see MODULE J below). Note: if a person's rate is reduced under Step 10, the order in which the reduction is to be made against the components of the maximum payment rate is laid down by section 1207 (maximum basic rate and additional amount for partner first, then rent assistance and finally child amounts).'. (b) after Module C the following Module were inserted: `MODULE D - SUPPLEMENTARY AMOUNT FOR MEMBER OF COUPLE IN SOME CIRCUMSTANCES Interim total of members of couples in which partner receives neither pension nor benefit not to fall below comparable "single" MBR `1068-D1. A supplementary amount is to be added to a person's maximum basic rate if: (a) the person is a member of a couple; and (b) the person's partner: (i) is not receiving a social security pension; and (ii) is not receiving a service pension; and (iii) is not receiving a social security benefit; and (iv) is not receiving an AUSTUDY allowance; and (v) is not receiving an ABSTUDY allowance; and (c) either: (i) no amount is to be added to the person's maximum basic rate under point 1068-C1; or (ii) the amount to be added to the person's maximumbasic rate under point 1068-C1 is reduced under point1068-C5; and (d) the person's interim total is less than the comparable "single" MBR for the person. Note 1: for "interim total" see point 1068-D2 below. Note 2: for "comparable `single' MBR" see point 1068-D3 below. Interim total `1068-D2. A person's interim total is the sum of the person's maximum basic rate and the amount (if any) to be added under Module C. Comparable `single' MBR `1068-D3. The comparable "single" MBR for a person is: (a) if the person has a dependent child - the rate specified under column 3A against item 1 in Table B in point 1067-B1 of Benefit Rate Calculator A; or (b) if the person does not have a dependent child - the rate specified under column 3B against: (i) in the case of a person who has turned 18 but not 21 - item 1; or (ii) in the case of a person who has turned 21 - item 3; in Table B of point 1068-B1 of this Benefit Rate Calculator. Rate of supplementary amount `1068-D4. The supplementary amount is the difference between the person's interim total and the comparable "single" MBR for the person.'. (c) point 1068-J3 were omitted and the following point substituted: Rate of remote area allowance `1068-J3. The rate of remote area allowance payable to a person is worked out using Table J. The rate is the amount in column 1 plus an additional amount in column 2 for each pension or benefit increase child of the person. TABLE J REMOTE AREA ALLOWANCE column 1 column 2 basic allowance additional allowance for each pension or benefit increase child $14.00 $7.00 '. Modifications of pharmaceutical allowance rates (changes made on 12 March 1992) "49.(1) This clause applies to a person if: (a) immediately before 12 March 1992: (i) the person was receiving pharmaceutical allowance; and (ii) the person was a member of a couple; and (iii) the person's partner: (A) was not receiving a social security pension; and (B) was not receiving a social security benefit; and (C) was not receiving a service pension; and (b) this clause has not ceased to apply to the person. "(2) This clause ceases to apply to a person if: (a) the person ceases to be qualified for pharmaceutical allowance; or (b) the rate of pharmaceutical allowance that would be payable to the person if this clause applied is less than the rate that would otherwise be payable; or (c) the person ceases to be a member of that couple; or (d) the person's partner receives: (i) a social security pension; or (ii) a social security benefit; or (iii) a service pension. "(3) If this clause applies to a person, the rate of the person's pharmaceutical allowance is to be calculated as if the Pharmaceutical Allowance Rate Table in section 1061C were omitted and the following Table substituted: PHARMACEUTICAL ALLOWANCE RATE TABLE column 1 column 2 column 3 item person's family situation rate per fortnight 1. Not member of a couple $5.20 2. Partnered (partner getting neither social security pension nor benefit) $5.20 3. Partnered (partner getting social security pension or benefit) $2.60 4. Member of an illness separated or respite care couple $5.20 5. Partnered (partner getting service pension) $2.60 "(4) If item 5 in the Table applies to a person, item 2 does not apply to the person.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 47 Pharmaceutical allowance definitions 47. Section 19A of the Principal Act is amended: (a) by omitting from subsection (1) the definition of "liquid assets"; (b) by omitting subsections (2), (3), (4), (5), (6) and (7). SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 48 48. Parts 2.22 and 2.23 of the Principal Act are repealed and the following Parts are substituted: "PART 2.22 - PHARMACEUTICAL ALLOWANCE "Division 1 - Qualification for and payability of pharmaceutical allowance Qualification for pharmaceutical allowance "1061A.(1) A person is qualified for a pharmaceutical allowance if: (a) the person is receiving a social security pension; or (b) the person is receiving job search allowance and: (i) the person has not turned 18; and (ii) the person is incapacitated for work; and (iii) subsection 514(2) applies to the person; or (c) the person is receiving job search allowance and: (i) the person has turned 18; and (ii) the person is incapacitated for work; and (iii) subsection 514(3) applies to the person; or (d) the person is receiving newstart allowance and: (i) the person is incapacitated for work; and (ii) either subsection 594(2) or (3) applies to the person; or (e) the person is receiving sickness allowance. "(2) A person is qualified for a pharmaceutical allowance if the person: (a) is receiving job search allowance, newstart allowance or special benefit; and (b) has turned 60; and (c) has been receiving: (i) a social security pension or benefit; or (ii) a service pension; continuously for at least 6 months. Pharmaceutical allowance not payable in some circumstances "1061B.(1) Even though a person is qualified for a pharmaceutical allowance, the allowance is not payable to the person if on that payday: (a) the person is not an Australian resident; or (b) the person is absent from Australia; or (c) the person has received an advance pharmaceutical allowance: (i) under Part 2.23 of this Act; or (ii) under Division 2 of Part VIIA of the Veterans' Entitlements Act; and the person's advance payment period has not ended. "(2) Even though a person has qualified for a pharmaceutical allowance, the allowance is not payable to the person if: (a) the person is receiving pharmaceutical allowance under the Veterans' Entitlements Act; or (b) the person is a member of a couple and the person's partner: (i) is eligible for pharmaceutical allowance under the Veterans' Entitlements Act; and (ii) is not receiving a service pension. "(3) For the purposes of subsection (1), a person's advance payment period: (a) starts on the day on which the advance pharmaceutical allowance is paid to the person; and (b) ends after the number of paydays worked out using the following formula have elapsed: amount of advance allowance rate where: `amount of advance' is the amount of the advance pharmaceutical allowance paid to the person; `allowance rate' is the rate at which pharmaceutical allowance would be payable to the person on the day on which the advance pharmaceutical allowance is paid if the person were paid pharmaceutical allowance on that day. "(4) In subsection (3): `advance pharmaceutical allowance' includes advance pharmaceutical allowance under Division 2 of Part VIIA of the Veterans' Entitlements Act; `pharmaceutical allowance' includes pharmaceutical allowance under Division 1 of Part VIIA of the Veterans' Entitlements Act. Note: for `Veterans' Entitlements Act' and `service pension' see subsection 23(1). "Division 2 - Rate of pharmaceutical allowance Rate of pharmaceutical allowance "1061C.(1) The rate of pharmaceutical allowance is worked out using the following Table: PHARMACEUTICAL ALLOWANCE RATE TABLE column 1 column 2 column 3 item person's family situation rate per fortnight 1. Not member of a couple $5.20 2. Partnered (partner getting neither social security pension nor benefit) $5.20 3. Partnered (partner getting social security pension or benefit) $2.60 4. Member of an illness separated or respite care couple $5.20 5. Partnered (partner getting service pension) $2.60 Note: the amounts in column 3 are indexed or adjusted annually in line with CPI increases (see sections 1191 to 1194 and section 1206A). "(2) If item 5 applies to a person, item 2 does not apply to the person. Limitation of amount of pharmaceutical allowance "1061D.(1) If a person receives advance pharmaceutical allowance during a calendar year, the total amount paid to the person for that year by way of: (a) pharmaceutical allowance; and (b) advance pharmaceutical allowance; is not to exceed the person's pharmaceutical payments limit for that year. "(2) A person's pharmaceutical payments limit for the year is the total amount of pharmaceutical allowance that the person would have received during the year if the person had not received any advance pharmaceutical allowance. "(3) In this section: `advance pharmaceutical allowance' includes advance pharmaceutical allowance under Division 2 of Part VIIA of the Veterans' Entitlements Act; `pharmaceutical allowance' includes pharmaceutical allowance under Division 1 of Part VIIA of the Veterans' Entitlements Act. Note: for `Veterans' Entitlements Act' see subsection 23(1). "Division 3 - Payment of pharmaceutical allowance Payment of pharmaceutical allowance "1061E. If: (a) a pharmaceutical allowance is payable to a person; and (b) the person is receiving a social security pension or benefit; the pharmaceutical allowance is to be paid to the person on each payday for the pension or benefit. "PART 2.23 - ADVANCE PHARMACEUTICAL ALLOWANCE "Division 1 - Qualification for and payability of advance pharmaceutical allowance Qualification for advance pharmaceutical allowance "1061F.(1) A person is qualified for an advance pharmaceutical allowance if: (a) the person is receiving a social security pension; and (b) the Secretary is satisfied that the person's ordinary income is not more than $20.00 per fortnight. "(2) For the purposes of this section, a person's ordinary income does not include: (a) a payment: (i) that the person is entitled to under the law of a foreign country; and (ii) that results in the person's social security pension rate being reduced by an amount equal to the amount of the payment; or (b) a periodic compensation payment to which Part 3.14 applies. "(3) For the purposes of this section, if a person is a member of a couple the amount of the person's ordinary income is worked out by adding the couple's ordinary incomes (on a fortnightly basis) and dividing by 2. Advance pharmaceutical allowance not payable in some circumstances "1061G.(1) Even though a person is qualified for an advance pharmaceutical allowance, the allowance is not payable to the person on a payday if on that payday: (a) the person is not an Australian resident; or (b) the person is absent from Australia. "(2) Even though a person is qualified for an advance pharmaceutical allowance, the allowance is not payable to the person if: (a) the person is a member of a couple; and (b) the person's partner: (i) is eligible for an advance pharmaceutical allowance under the Veterans' Entitlements Act; and (ii) is not receiving a service pension. Note: for `Veterans' Entitlements Act' and `service pension' see subsection 23 (1). "(3) If, in a calendar year: (a) a person is qualified for an advance pharmaceutical allowance; and (b) the amount of the allowance is reduced under section 1061JD; no further advance pharmaceutical allowance is payable to the person in that calendar year. "Division 2 - Claim for advance pharmaceutical allowance Need for a claim "1061H.(1) A person who wants to be granted an advance pharmaceutical allowance must make a proper claim for that allowance. "(2) Subject to subsection 1061JB(3), if: (a) a claim for an advance pharmaceutical allowance is made by or on behalf of a person; and (b) at the time when the claim is made, the claim cannot be granted because the person is not qualified for the payment; the claim is taken not to have been made. Form of claim "1061J. To be a proper claim, a claim must be in writing and in a form approved by the Secretary. Lodgment of claim "1061JA.(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 purposes by the Secretary; or (c) with a person approved for the purposes by the Secretary. "(2) A place or person approved under subsection (1) must be a place or a person in Australia. Proper claim "1061JB.(1) A claim must be a proper claim under subsection (2), (3) or (4) to be a proper claim for the purposes of this Division. "(2) A claim by a person for advance pharmaceutical allowance to be paid in a calendar year (in this subsection called the `current year') is a proper claim if: (a) a social security pension was payable to the person on the last pension payday in the previous calendar year; and (b) the claim is lodged before the first pension payday in the current year. "(3) A claim by a person for advance pharmaceutical allowance to be paid in a calendar year is a proper claim if: (a) the person claims a social security pension in that year; and (b) the claim is lodged: (i) at the time when the claim for the pension is lodged; or (ii) before the claim for the pension is granted. "(4) A claim by a person for advance pharmaceutical allowance to be paid in a calendar year is a proper claim if: (a) the person has been qualified for pharmaceutical allowance for a period (in this subsection called the `qualification period') during the calendar year; and (b) the amount spent by the person during the qualification period on the purchase of pharmaceutical benefits is equal to or greater than the total amount that has been paid to the person in the calendar year by way of: (i) pharmaceutical allowance; and (ii) advance pharmaceutical allowance. "Division 3 - Amount of advance pharmaceutical allowance Amount of advance pharmaceutical allowance "1061JC. Subject to section 1061JD, the amount of a person's advance pharmaceutical allowance is the amount worked out by multiplying the person's rate of pharmaceutical allowance under section 1061C by 7. Reduction in amount of advance pharmaceutical allowance "1061JD. If: (a) a person is qualified for an advance pharmaceutical allowance; and (b) the amount worked out under section 1061JC (when added to the amounts of pharmaceutical allowance and advance pharmaceutical allowance that the person has already received for the calendar year under this Act and the Veterans' Entitlements Act) exceeds the person's pharmaceutical payments limit under section 1061D; the amount of the advance pharmaceutical allowance is to be reduced by the excess.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 49 Repeal of Part 2.23 49. Part 2.23 of the Principal Act is repealed. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 50 Indexed and adjusted amounts 50. Section 1190 of the Principal Act is amended by omitting items 49, 50, 51 and 52 and substituting the following item: "49. Rate of pharmaceutical PA 'artnered' (item 5) (Section 1061C allowance for a person rate Table-column 3-Item 5)". with a partner where the partner is getting a service pension SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 51 CPI Indexation Table 51. Section 1191 of the Principal Act is amended by omitting item 32 from the CPI Indexation Table in subsection (1) and substituting the following item: "32. PA `partnered' 20 September March most recent March $0.10 (item 5) rate quarter before reference quarter". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 52 Rounding off indexed amounts 52. Section 1194 of the Principal Act is amended by omitting from subsection 1194(6) "or pharmaceutical payment limit". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 53 Repeal of section 1206B: 53. Section 1206B of the Principal Act is repealed. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 54 General effect of Chapter 54. Section 1222 of the Principal Act is amended: (a) by omitting Note 1 to subsection (1) and substituting the following Note: "Note 1: the debts owed to the Commonwealth under Part 5.2 are: . section 1223 debts - debts arising under this Act; . section 1223AA debts - debts arising from prepayments; "Note 1: . section 1223A debts - debts arising from automatic termination (transfer to new payment type) provisions; . section 1223B debts - automatic rate reductions because of partner starting to receive pension or benefit; . section 1224 debts arising because of recipient's contravention of Act; . section 1224A debts - pension loans scheme; . section 1225 debts - compensation debts; . section 1226 debts - compensation payer and insurer debts; "Note 1: . section 1230 debts - garnishee notice debts."; (b) by inserting after item 1 in the Recovery Methods Table in subsection (2) the following item: 1A. 1223AA deductions 1231 (debt arising from legal proceedings 1232 prepayment) garnishee notice 1233 ". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 55 Debts due to the Commonwealth 55. Section 1222A is amended by inserting in the Note "1223AA," after "1223,". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 56 56. The Principal Act is amended by inserting after section 1223 the following section: Debts arising from prepayments "1223AA.(1) If: (a) a person has received a prepayment of social security benefit for a period; and (b) the amount of the prepayment is more than the amount (if any) (in this subsection called the `right amount') of social security benefit that would have been payable to the person for the period if: (i) the prepayment had not been made; and (ii) the person had not made a false statement or false representation in relation to matters that affect payment for the period; and (iii) the person had not failed or omitted to comply with a provision of this Act in relation to matters that affect payment for the period; the difference between the prepayment and the right amount is a debt due to the Commonwealth and recoverable by the Commonwealth by means of: (c) if the person is receiving a social security benefit under this Act - deductions; or (d) legal proceedings; or (e) garnishee notice. Note 1: for deductions see section 1231. Note 2: for legal proceedings see section 1232. Note 3: for garnishee notice see section 1233. "(2) In this section: `prepayment' means a payment under section 569, 652, 722 or 755 (prepayment because of public holiday etc.).". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 57 Index of definitions 57. Section 3 of the Principal Act is amended: (a) by inserting in the Index the following entries: "financial hardship farmer 23(1) life insurance policy 23(1) RAS authority 23(1) Rural Adjustment Scheme 23(1) section 26 certificate date 23(1) subsection 11(14) asset 23(1)"; (b) by omitting from the Index the following entry: "unrealisable asset 11(12), (13)" and substituting the following entry: "unrealisable asset 11(12), (13), (14)". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 58 Assets test definitions 58. Section 11 of the Principal Act is amended: (a) by omitting "and (13)" from the definition of "unrealisable asset" in subsection (1) and substituting ", (13) and (14)"; (b) by adding at the end the following subsection: "(14) Without limiting the generality of subsection (12), an asset is an unrealisable asset of a financial hardship farmer if: (a) the asset is a life insurance policy on the life of the farmer; or (b) a certificate under subsection 27(1) is in force in respect of the asset.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 59 General definitions 59. Section 23 of the Principal Act is amended by inserting in subsection (1) the following definitions: "`financial hardship farmer' means a person in respect of whom a certificate under subsection 26(1) is in force; `life insurance policy', in relation to a financial hardship farmer, includes a life policy within the meaning of the Life Insurance Act 1945; Note: under the Life Insurance Act 1945, a life policy includes an instrument evidencing a contract which is subject to payment of premiums for a term dependent on the termination or continuance of human life and an instrument securing the grant of an annuity for a term dependent upon human life. `RAS authority' means an authority of a State or Territory that is responsible for the administration of the Rural Adjustment Scheme on behalf of the State or Territory; `Rural Adjustment Scheme' means the scheme of assistance established and operated by a State or Territory in accordance with clause 9 of the agreement set out in the Schedule to the States and Northern Territory Grants (Rural Adjustment) Act 1988; `section 26 certificate date' means the day specified in a certificate issued under subsection 26(1); `subsection 11(14) asset' means an asset that is unrealisable because of subsection 11(14);". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 60 60. Before section 28 of the Principal Act the following sections are inserted: Financial hardship farmer - certificate "26.(1) An RAS authority may certify, in writing, that a person is a financial hardship farmer for the period specified in the certificate. "(2) The period specified in the certificate: (a) commences on the day specified in the certificate; and (b) must be a period of 12 weeks or less. "(3) The day specified in the certificate: (a) may be earlier than the day on which the certificate is granted; and (b) must not be earlier than the day on which the person made the application referred to in subsection (4). "(4) An RAS authority is not to certify that a person is a financial hardship farmer unless the authority is satisfied that: (a) under normal circumstances the person or the person's partner contributes a significant part of his or her labour and capital to a farm; and (b) under normal circumstances the farm provides the person's principal source of income; and (c) Part C assistance under the Rural Adjustment Scheme has been applied for: (i) on or after 1 December 1991; and (ii) before 30 November 1993; in respect of the farm. "(5) An RAS authority is not to certify that a person is a financial hardship farmer unless the authority is satisfied that: (a) under normal circumstances the person or the person's partner contributes a significant part of his or her labour and capital to a farm; and (b) under normal circumstances the farm provides the person's principal source of income; and (c) the person is in severe financial hardship; and (d) commercial credit cannot be obtained to finance continued farm operations on the farm; and (e) Part C assistance under the Rural Adjustment Scheme is not available in respect of the farm; and (f) the farm is likely to be profitable in the long-term. "(6) A financial hardship farmer certificate that is in force immediately before 1 December 1993 lapses on that day. "(7) If: (a) a person applies for a certificate under subsection (1); and (b) an RAS authority decides not to issue the certificate; the authority is to certify, in writing, that the person is not a financial hardship farmer for the purposes of this Act. "(8) In this section: `farm' means a farm enterprise. Note 1: for `RAS authority' see subsection 23(1). Note 2: Part C assistance under the Rural Adjustment Scheme is a grant or a loan by a State or Territory to enable a farmer to make an orderly exit from rural industry. Note 3: for `Rural Adjustment Scheme' see subsection 23(1). Unrealisable assets of financial hardship farmer - certificate "27.(1) An RAS authority may certify, in writing, that for the period specified in the certificate, an asset of a financial hardship farmer is an unrealisable asset if the authority is satisfied that the asset is essential to the long-term profitability of the financial hardship farm. "(2) The assets that an RAS authority may certify under subsection (1) include the following: (a) the farm; (b) farm livestock; (c) farm machinery. "(3) The period specified in the certificate commences on the day specified in the certificate. "(4) The day specified in the certificate may be a day earlier than the day on which the certificate is issued. "(5) If: (a) a person applies for a certificate under subsection (1) in respect of an asset; and (b) an RAS authority decides not to issue the certificate in respect of that asset; the authority is to certify, in writing, that the asset is not an unrealisable asset under this section for the purposes of this Act. "(6) In this section: `financial hardship farm', in relation to a financial hardship farmer, means the farm referred to in subsection 26(4).". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 61 Qualification for job search allowance 61. Section 513 of the Principal Act is amended by adding at the end the following subsection: "(2) Subject to sections 514 and 515, a person is qualified for a job search allowance in respect of a period if: (a) the person is a financial hardship farmer throughout the period; and (b) the Secretary is satisfied that this subsection should apply to the person; and (c) throughout the period, the person: (i) is at least 18 and has not reached the pension age; and (ii) is an Australian resident; and (iii) is in Australia; and (iv) is registered by the CES in an allowance category as being unemployed; and (d) throughout the period, or throughout each period within the period, the person has not been registered as required by subparagraph (c)(iv) for longer than 12 months. Note 1: for `financial hardship farmer' see subsection 23(1). Note 2: `CES' means Commonwealth Employment Service (see section 23). Note 3: for `pension age' see section 23. Note 4: for `Australian resident' see section 7. Note 5: for `allowance category' see subsection 23(4A). Note 6: where circumstances beyond a person's control prevent the person from being registered by the CES, this requirement may be waived (see section 520). Note 7: a person unregistered by the CES for up to 6 weeks may be taken to be registered (see section 520). Note 8: a job search allowance is not payable in certain situations even if the person is qualified (see Subdivisions C, D or E). Note 9: a job search allowance may continue to be paid during incapacity (see section 514). Note 10: qualification for a job search allowance may continue to end of last pay period (see section 515).". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 62 Effect of incapacity on qualification 62. Section 514 of the Principal Act is amended by omitting all words after "allowance" from the definition of "change day" in subsection (1) and substituting: "because of: (a) paragraph 513(1)(d) (turning 18 and being registered for more than 12 months); or (b) paragraph 513(2)(d) (being registered for more than 12 months);". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 63 Job search allowance may continue to end of payment period 63. Section 515 of the Principal Act is amended by omitting from paragraph (b) "513(d)" and substituting "513(1)(d) or 513(2)(d)". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 64 Registration by CES 64. Section 520 of the Principal Act is amended: (a) by omitting from subsection (1) "513(c)(iv)" and substituting "513(1)(c)(iv) or 513(2)(c)(iv)"; (b) by inserting after subsection (1) the following subsection: "(1A) The Secretary may decide that a person does not have to satisfy subparagraph 513(2)(c)(iv) (CES registration) for the period between: (a) the person's section 26 certificate date; and (b) the day on which the person makes a claim for a job search allowance. Note: for `section 26 certificate date' see subsection 23(1)."; (c) by inserting in subsection (2) "or (1A)" after "(1)"; (d) by omitting from subsection (2) "513(c)(iv)" (twice occurring) and substituting "513(1)(c)(iv) or 513(2)(c)(iv)"; (e) by omitting from subsection (2) "513(d)(ii)" and substituting "513(1)(d)(ii) or paragraph 513(2)(d)"; (f) by omitting from subsection (3) "513(d)(ii)" and substituting "513(1)(d)(ii) and paragraph 513(2)(d)". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 65 Provisional commencement day 65. Section 533 of the Principal Act is amended: (a) by inserting in subsection (1) "(2A)," after "(2),"; (b) by inserting after subsection (2) the following subsection: "(2A) If: (a) a person is a financial hardship farmer; and (b) the person makes a claim for a job search allowance; the person's provisional commencement day is the section 26 certificate date. Note 1: for `financial hardship farmer' see subsection 23(1). Note 2: for `section 26 certificate date' see subsection 23(1).". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 66 Qualification for newstart allowance 66. Section 593 of the Principal Act is amended by adding at the end the following subsection: "(2) Subject to section 594, a person is qualified for a newstart allowance in respect of a period if: (a) the person is a financial hardship farmer throughout the period; and (b) the Secretary is satisfied that this subsection should apply to the person; and (c) at all times (if any) during the period when the person is not a party to a Newstart Activity Agreement, the person is prepared to enter into such an agreement; and (d) at all times during the period when the person is a party to a Newstart Activity Agreement, the person is prepared to enter into another such agreement instead of the existing agreement; and (e) when the person is required by the Secretary to enter into a Newstart Activity Agreement in relation to the period, the person enters into that agreement; and (f) while the agreement is in force, the person satisfies the Secretary that the person is taking reasonable steps to comply with the terms of the agreement; and (g) throughout the period, the person: (i) is at least 18 and has not reached the pension age; and (ii) is an Australian resident; and (iii) is in Australia; and (iv) is registered by the CES in an allowance category as being unemployed; and (h) throughout the period the person has been registered as required by subparagraph (g)(iv) for longer than 12 months; and (i) the person was not in receipt of a job search allowance during the period. Note 1: for `financial hardship farmer' see subsection 23(1). Note 2: for Newstart Activity Agreement see sections 604 to 607. Note 3: `CES' means Commonwealth Employment Service (see section 23). Note 4: for `pension age' see section 23. Note 5: for `Australian resident' see section 7. Note 6: for `allowance category' see subsection 23(4A). Note 7: where circumstances beyond a person's control prevent the person from being registered at the CES, this requirement may be waived (see section 599). Note 8: a person unregistered for up to 13 weeks may be taken to be registered (see section 599). Note 9: a person could be in receipt of a job search allowance during a period for which the person would qualify for a newstart allowance, if paragraph (i) were disregarded, because of section 515 (extension of job search allowance to end of pay period) or because of differences in calculating 12 months registration under subsections 520(3) and 599(3). Note 10: a newstart allowance is not payable in certain situations even if the person is qualified (see Subdivisions C, D, E and F). Note 11: a newstart allowance may continue to be paid during incapacity (see section 594).". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 67 Effect of incapacity on qualification 67. Section 594 of the Principal Act is amended by omitting all words after "allowance" from the definition of "change day" in subsection (1) and substituting: "because of: (a) paragraph 513(1)(d) (turning 18 and being registered for more than 12 months); or (b) paragraph 513(2)(d) (being registered for more than 12 months);". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 68 Registration by CES 68. Section 599 of the Principal Act is amended: (a) by omitting from subsection (1) "593(g)(iv)" and substituting "593(1)(g)(iv) or 593(2)(g)(iv)"; (b) by inserting after subsection (1) the following subsection: "(1A) The Secretary may decide that a person does not have to satisfy subparagraph 593(2)(g)(iv) (CES registration) for the period between: (a) the person's section 26 certificate date; and (b) the day on which the person makes a claim for a newstart allowance. Note: for `section 26 certificate date' see subsection 23(1)."; (c) by inserting in subsection (2) "or (1A)" after "(1)"; (d) by omitting from subsection (2) "593(g)(iv)" (twice occurring) and substituting "593(1)(g)(iv) or 593(2)(g)(iv)"; (e) by omitting from subsection (2) "593(h)" and substituting "593(1)(h) or 593(2)(h)"; (f) by omitting from subsection (3) "paragraph 593(h)" and substituting "paragraphs 593(1)(h) and 593(2)(h)". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 69 Provisional commencement day 69. Section 615 of the Principal Act is amended: (a) by inserting in subsection (1) "(2A)," after "(2),"; (b) by inserting after subsection (2) the following subsection: "(2A) If: (a) a person is a financial hardship farmer; and (b) the person is not a transferee to a newstart allowance; and (c) the person makes a claim for a newstart allowance; the person's provisional commencement day is the section 26 certificate date. Note 1: for `financial hardship farmer' see subsection 23(1). Note 2: for `section 26 certificate date' see subsection 23(1).". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 70 Application of financial hardship rules - benefits 70. Section 1132 of the Principal Act is amended: (a) by omitting from subsection (3) "A person's adjusted fortnightly rate of ordinary income" and substituting "The adjusted fortnightly rate of ordinary income of a person who is not a financial hardship farmer"; (b) by inserting after subsection (3) the following subsection: "(3A) The adjusted fortnightly rate of ordinary income of a person who is a financial hardship farmer is an amount per fortnight equal to the sum of: (a) the person's fortnightly rate of ordinary income (other than income from assets); and (b) the person's fortnightly rate of ordinary income from assets that are not assets tested; and (c) either: (i) the person's fortnightly rate of ordinary income from unrealisable assets that are not subsection 11(14) assets; or (ii) the person's notional fortnightly rate of ordinary income from those assets; whichever is the greater; and (d) either: (i) the person's fortnightly rate of ordinary income from subsection 11(14) assets; or (ii) the amount per fortnight that the person could reasonably be expected to obtain from a commercial lease or hiring of those assets; whichever is the lesser; and (e) an amount per fortnight equal to $1 for each $250 of the value of the person's assets (other than disregarded assets). Note: for `financial hardship farmer' see subsection 23(1)."; (c) by omitting from subsection (4) "subsection (3)" and substituting "subsections (3) and (3A)". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 71 Non-reviewable decisions 71. Section 1250 of the Principal Act is amended: (a) by inserting after paragraph (1)(aa) the following paragraphs: "(ab) of an RAS authority to refuse to certify a person as a financial hardship farmer under section 26; or (ac) of an RAS authority to refuse to certify an asset as an unrealisable asset of a financial hardship farmer under section 27; or"; (b) by adding at the end of subsection (1) the following Notes: "Note 1: for `RAS authority' see subsection 23(1). Note 2: for `financial hardship farmer' see subsection 23(1).". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 72 72. After section 1298A of the Principal Act the following section is inserted: The Secretary and the Secretary to the Department of Primary Industries and Energy may agree on administrative arrangements "1298B. The Secretary and the Secretary to the Department of Primary Industries and Energy may agree on administrative arrangements to further the objectives of sections 26 and 27.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 73 Amendments of the Principal Act 73. The Principal Act is amended as set out in Schedules 1, 2, 3 and 4. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 74 Amendments of other Acts 74. The Acts specified in Schedule 5 are amended as set out in that Schedule. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 75 New international agreements with Ireland and Portugal 75. The Principal Act is amended by adding at the end the Schedules set out in Schedule 6 to this Act. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 76 Agreement on social security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia 76. The Social Security Act 1947 has effect for the period after 7 January 1991 and before 1 July 1991 as if the amendment made by section 82 of the Social Security Legislation Amendment Act 1990 had not been made. SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SCHEDULE 1 SCHEDULE 1 Section 73 AMENDMENT OF THE SOCIAL SECURITY ACT 1991 PART 1 - AMENDMENTS COMMENCING 1 JULY 1991 Paragraph 540(1)(e): Omit "(2) (beneficiaries", substitute "(5) (allowees". Paragraph 607(1)(a): Omit "605(2)", substitute "605(3)". Paragraph 622(1)(f): Omit "(2)", substitute "(5)". Before subparagraph 729(2)(d)(i): Insert: "(ia) section 542 or 624 (person failing to satisfy activity test);". After subparagraph 953(b)(i): Insert: "(ia) section 834 (child is not FA child if approved care organisation is qualified for family allowance); or". Section 1067 (Benefit Rate Calculator A - point 1067-F5): Add at the end: "; or (c) the person was previously receiving a social security benefit whose rate included an amount by way of rent assistance and: (i) the person ceased to receive that other social security benefit; and (ii) the person ceased to receive that other social security benefit otherwise than because of the operation of an ordinary income, maintenance income or assets test; and (iii) the person ceased to receive that other social security benefit not more than 4 weeks before commencing to receive the social security benefit whose rate is being worked out.". After subsection 1099B(1): Insert: "Note: for `available money' and `deposit money' see subsection 8(1). "(1A) For the purposes of this section: (a) `available money' does not include money specified in a determination under section 1099E; and (b) `deposit money' does not include money specified in a determination under section 1099E.". Section 1099E: Repeal the section, substitute: Certain money to be disregarded "1099E.(1) The Minister may determine that: (a) specified money of a person; or (b) specified money of a class of persons; is to be disregarded in calculating a person's available money or a person's deposit money for the purposes of section 1099B. "(2) A determination under subsection (1) is to be made by notice in writing. "(3) A determination under subsection (1) takes effect on the day on which the determination was made or on such later day or earlier day as is specified in the determination.". Section 1099L: Add at the end: "(3) A determination under subsection (1) takes effect on the day on which the determination was made or on such later day or earlier day as is specified in the determination.". Subsection 1191(1) (CPI Indexation Table - item 31 - column 5): Omit "December", substitute "March". Subsection 1191(1) (CPI Indexation Table - item 32 - column 5): Omit "December", substitute "March". Subsection 1208(4): Omit "An agreement", substitute "Subject to subsection (6), an agreement". Section 1208: Add at the end: "(6) The agreement set out in Schedule 2 is taken not to be a scheduled international social security agreement. Note: for the current agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland see clause 11A of Schedule 1A.". After subsection 1221(2A): Insert: "; and (c) who left or leaves Australia after commencing to receive the pension; and (d) who continues to be absent from Australia for more than 12 months.". Section 1221 (Pension Portability Rate Calculator - point 1221- B7): Omit the point, substitute: Australian working life residence (certain wife pensioners) "1221-B7. If a person: (a) is receiving wife pension; and (b) is a person described in paragraph (c) of the definition of `entitled person' in subsection 1216B(2); the person's period of Australian working life residence is equal to the period of Australian working life residence of the person's partner.". After clause 11 of Schedule 1A: Insert in Division 1: Agreement on social security between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland "11A. The agreement on social security between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland that was in force immediately before 1 July 1991 is taken to be a scheduled international social security agreement for the purposes of this Act on and after that day. Note: the agreement on social security between the United Kingdom and Australia that was in force immediately before 1 July 1991 was the agreement set out in Schedule 1 to the 1947 Act: see section 60 of the Social Security Legislation Amendment Act (No. 4) 1991.". Schedule 2: Add at the end: "Note: for the current agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland see clause 11A of Schedule 1A.". PART 2 - AMENDMENTS COMMENCING ON THE DAY ON WHICH THIS ACT RECEIVES THE ROYAL ASSENT Section 3: Insert in the Index the following entry: "AEIS payment 23(1)". After paragraph 8(8)(t): Insert: "(ta) a payment received by the person under a scheme known as the Aboriginal Employment Incentive Scheme;". Subsection 9(2): Omit "published in the Gazette". After subsection 9(2): Insert: "(2A) A notice under subsection (2) takes effect on the day on which it is made or on such earlier day as is specified in the notice.". Subsection 23(1): Insert: " `AEIS payment' means a payment under the Aboriginal Employment Incentive Scheme;". Section 24A: Add at the end: "(2) The Minister must cause a copy of a determination to be laid before each House of the Parliament within 15 sitting days of that House after the determination is made.". Subsection 524(1): Omit "not required", substitute "taken". Paragraph 524(2)(a): Omit "not required", substitute "taken". Subsection 525(1): Omit "not required", substitute "taken". Paragraph 525(2)(a): Omit "not required", substitute "taken". Section 954: Add at the end: "(2) A person is qualified for a child disability allowance for a young person if: (a) the young person is a CDA child of the person; and (b) the Secretary has made a declaration under section 868 that results in the person sharing family allowance for the young person with another person; and (c) the young person, while in the care of the person, receives care and attention on a daily basis from: (i) if the person is a member of a couple - the person or the person's partner; or (ii) if the person is not a member of a couple - the person; in a private home that is a residence of the person and the young person.". After section 960: Insert: Child disability allowance not payable to 2 people for the same CDA child unless Secretary makes declaration "960A. If: (a) 2 people are each qualified for CDA for the same young person; and (b) the Secretary has not made a declaration under subsection 975A(1) in respect of child disability allowance for the young person; and (c) one of the people is receiving child disability allowance for the young person; child disability allowance is not payable to that other person for the young person.". Subsection 967(1): Omit "(2) and (3)", substitute "(2), (3) and (5)". Section 967: Add at the end: "(5) If: (a) 2 people are each qualified for child disability allowance for the same young person; and (b) the Secretary has made a declaration under subsection 975A(1) in respect of child disability allowance for the young person; the person's rate of child disability allowance is the share specified by paragraph 975A(1)(b) of the child disability allowance rate that would otherwise apply in respect of the young person.". After section 975: Insert the following: Secretary may make declaration where 2 people are qualified for child disability allowance for the same young person "975A.(1) If the Secretary is satisfied that 2 people are each qualified under subsection 954(2) for child disability allowance for a young person: (a) the Secretary is to make a declaration to that effect; and (b) the share of the child disability allowance that each of the 2 people is to receive is the same as the share of family allowance that is specified for that person in the Secretary's declaration under section 868. "(2) If the Secretary makes a declaration under subsection (1), the Secretary is to give each of the 2 people involved notice of the declaration. Note 1: until the declaration under this section is made only one of the 2 people involved can receive child disability allowance for the young person - see section 960A. Note 2: for the effect of a declaration under this section on the calculation of child disability allowance rates see subsection 967(5).". Section 1067 (Benefit Rate Calculator A - after paragraph 1067- C2)(c)): Insert: "; or (ca) the person's partner is receiving an ABSTUDY allowance.". Section 1067 (Benefit Rate Calculator A - point 1067-D1 - paragraph (b)): Add at the end: "(v) is not receiving an ABSTUDY allowance; and". Section 1067 (Benefit Rate Calculator A - point 1067-H2): After "AUSTUDY allowance" insert "or ABSTUDY allowance". Section 1068 (Benefit Rate Calculator B - after paragraph 1068- C3)(c)): Insert: "; or (ca) the person's partner is receiving an ABSTUDY allowance.". Section 1068 (Benefit Rate Calculator B - point 1068-D1 - paragraph (b)): Add at the end: "(v) is not receiving an ABSTUDY allowance; and". Section 1068 (Benefit Rate Calculator B - point 1068-G2): After "AUSTUDY allowance", insert "or ABSTUDY allowance". After paragraph 1075(3)(a): Insert: "(aa) where the investment is an eligible investment in a body corporate or trust fund - the person transfers all or part of the investment to another body corporate or trust fund; or". After paragraph 1082(2)(a): Insert: "(aa) where the investment is an eligible investment in a body corporate or trust fund - the person transfers all or part of the investment to another body corporate or trust fund; or". Heading to Part 3.15: Add at the end: "AND ABORIGINAL EMPLOYMENT INCENTIVE SCHEME". Section 1186: Add at the end: "or the scheme known as the Aboriginal Employment Incentive Scheme (AEIS)". Section 1186 (Note 1): Omit the Note, substitute: "Note 1: payments under the New Enterprise Incentive Scheme (NEIS) and the Aboriginal Employment Incentive Scheme (AEIS) do not count as ordinary income for the purposes of the ordinary income test: see paragraphs 8(8)(t) and 8(8)(ta).". Section 1186 (Note 2): Add at the end: "or the Aboriginal Employment Incentive Scheme (AEIS)". Paragraph 1187(1)(b): After "NEIS", insert "or AEIS". Paragraph 1187(1A)(b): After "NEIS", insert "or AEIS". Paragraph 1187(2)(b): After "NEIS", insert "or AEIS". Paragraph 1187(3)(a): After "NEIS", insert "or AEIS". Subsection 1188(1): (a) After "a NEIS payment", insert "or an AEIS payment". (b) After "the NEIS payment", insert "or the AEIS payment". Paragraph 1188(2)(a): After "a NEIS payment", insert "or an AEIS payment". Paragraph 1188(2)(b): After "the NEIS payment", insert "or the AEIS payment". Subsection 1188(2): After "the NEIS payment", insert "or of the AEIS payment". Schedule 7: In paragraph 6 of Article 8 of the Agreement between Australia and Malta on Social Security, omit "paragraph 5", substitute "paragraph 4". PART 3 - AMENDMENTS COMMENCING ON A DAY TO BE FIXED BY PROCLAMATION Subsection 1208(4): Omit "Subject to subsection (6), an agreement", substitute "An agreement". Subsection 1208(6): Omit the subsection. Section 1208 (Note): Omit the Note. Schedule 1A - clause 11A: Omit the clause. Schedule 2 (Note): Omit the Note. PART 4 - AMENDMENT COMMENCING IMMEDIATELY AFTER THE COMMENCEMENT OF SECTION 57 OF THE SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 3) 1991 Subsection 1223(1): Omit "If ", substitute "Subject to subsections (2) and (2A), if:". Subsection 1223(2A): Omit the subsection, substitute: "(2A) If: (a) family allowance supplement is paid to a person in a tax year; and (b) but for this subsection an amount of family allowance supplement would become recoverable under subsection (1) before the end of the tax year; and (c) the amount would be recoverable because of an increase in the person's taxable income; the amount is recoverable only after the end of the tax year. Note: a person's taxable income is defined in point 1070-D11. A person's taxable income may increase, amongst other reasons, because the person underestimated their taxable income and the Commissioner of Taxation has made a subsequent assessment of the person's taxable income.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SCHEDULE 2 SCHEDULE 2 Section 73 AMENDMENT OF THE SOCIAL SECURITY ACT 1991 PART 1 - AMENDMENTS COMMENCING 1 JULY 1991 Subsection 6(1) (definition of "FA assumed notifiable event"): Omit "section 857", substitute "section 840B". Subsection 6(1) (definition of "FA notifiable event"): Omit "section 858", substitute "section 840C". Section 78A: Repeal the section, substitute: Cancellation or suspension for failure to comply with section 69, 1304 or 1305 notice "78A. If: (a) a person who is receiving an age pension is given a notice under section 69, 1304 or 1305; and (b) the person does not comply with the requirements set out in the notice; the Secretary may determine that the pension is to be cancelled or suspended.". Section 182A: Omit the section, substitute: Cancellation or suspension for failure to comply with section 173, 1304 or 1305 notice "182A. If: (a) a person who is receiving a wife pension is given a notice under section 173, 1304 or 1305; and (b) the person does not comply with the requirements set out in the notice; the Secretary may determine that the pension is to be cancelled or suspended.". Section 231A: Omit the section, substitute: Cancellation or suspension for failure to comply with section 223, 1304 or 1305 notice "231A. If: (a) a person who is receiving a carer pension is given a notice under section 223, 1304 or 1305; and (b) the person does not comply with the requirements set out in the notice; the Secretary may determine that the pension is to be cancelled or suspended.". Section 295A: Omit the section, substitute: Cancellation or suspension for failure to comply with section 285, 1304 or 1305 notice "295A. If: (a) a person who is receiving a sole parent pension is given a notice under section 285, 1304 or 1305; and (b) the person does not comply with the requirements set out in the notice; the Secretary may determine that the pension is to be cancelled or suspended.". Section 352A: Omit the section, substitute: Cancellation or suspension for failure to comply with section 342, 1304 or 1305 notice "352A. If: (a) a person who is receiving a widowed person allowance is given a notice under section 342, 1304 or 1305; and (b) the person does not comply with the requirements set out in the notice; the Secretary may determine that the allowance is to be cancelled or suspended.". Section 400A: Omit the section, substitute: Cancellation or suspension for failure to comply with section 390, 1304 or 1305 notice "400A. If: (a) a woman who is receiving a widow B pension is given a notice under section 390, 1304 or 1305; and (b) the woman does not comply with the requirements set out in the notice; the Secretary may determine that the pension is to be cancelled or suspended.". Section 586A: Omit the section, substitute: Cancellation or suspension for failure to comply with section 575, 1304 or 1305 notice "586A. If: (a) a person who is receiving a job search allowance is given a notice under section 575, 1304 or 1305; and (b) the person does not comply with the requirements set out in the notice; the Secretary may determine that the allowance is to be cancelled or suspended.". Section 660IA: Omit the section, substitute: Cancellation or suspension for failure to comply with section 658, 1304 or 1305 notice "660IA. If: (a) a person who is receiving a newstart allowance is given a notice under section 658, 1304 or 1305; and (b) the person does not comply with the requirements set out in the notice; the Secretary may determine that the allowance is to be cancelled or suspended.". Paragraph 729(2)(fa): Omit the paragraph. Section 765A: Omit the section, substitute: Cancellation or suspension for failure to comply with section 760, 1304 or 1305 notice "765A. If: (a) a person who is receiving a special benefit is given a notice under section 760, 1304 or 1305; and (b) the person does not comply with the requirements set out in the notice; the Secretary may determine that the benefit is to be cancelled or suspended.". Section 818A: Omit the section, substitute: Cancellation or suspension for failure to comply with section 809, 1304 or 1305 notice "818A. If: (a) a person who is receiving a special needs pension is given a notice under section 809, 1304 or 1305; and (b) the person does not comply with the requirements set out in the notice; the Secretary may determine that the pension is to be cancelled or suspended.". Section 854: (a) Omit "a notifiable event", substitute "an FA notifiable event". (b) Add at the end: "Note: for `FA notifiable event' see subsection 6(1).". Section 882A: Omit the section, substitute: Cancellation or suspension for failure to comply with section 874, 1304 or 1305 notice "882A. If: (a) a person or an approved care organisation who is receiving a family allowance is given a notice under section 874, 1304 or 1305; and (b) the person or organisation does not comply with the requirements set out in the notice; the Secretary may determine that the allowance is to be cancelled or suspended.". Paragraph 911(b): Omit "a notifiable event", substitute "an FAS notifiable event". Section 911: Add at the end: "Note: for `FAS notifiable event' see subsection 6(1).". Section 939A: Omit the section, substitute: Cancellation or suspension for failure to comply with section 931, 1304 or 1305 notice "939A. If: (a) a person who is receiving a family allowance supplement is given a notice under section 931, 1304 or 1305; and (b) the person does not comply with the requirements set out in the notice; the Secretary may determine that the supplement is to be cancelled or suspended.". Section 987A: Omit the section, substitute: Cancellation or suspension for failure to comply with section 979, 1304 or 1305 notice "987A. If: (a) a person who is receiving a child disability allowance is given a notice under section 979, 1304 or 1305; and (b) the person does not comply with the requirements set out in the notice; the Secretary may determine that the allowance is to be cancelled or suspended.". Section 1029A: Omit the section, substitute: Cancellation or suspension for failure to comply with section 1024, 1304 or 1305 notice "1029A. If: (a) a person or an approved care organisation who is receiving a double orphan pension is given a notice under section 1024, 1304 or 1305; and (b) the person or organisation does not comply with the notice; the Secretary may determine that the pension is to be cancelled or suspended.". Section 1059A: Omit the section, substitute: Cancellation or suspension for failure to comply with section 1055, 1304 or 1305 notice "1059A. If: (a) a person who is receiving a mobility allowance is given a notice under section 1055, 1304 or 1305; and (b) the person does not comply with the requirements set out in the notice; the Secretary may determine that the allowance is to be cancelled or suspended.". Section 1064 (Pension Rate Calculator A - point 1064-A1 - Method statement - Notes): Add at the end: "Note 7: an amount of remote area allowance is to be added under Step 11 only if the person's rate of pension after Step 10 is greater than nil.". Section 1064 (Pension Rate Calculator A - point 1064-C7): Omit "point", substitute "points 1064-C7A and". Section 1064 (Pension Rate Calculator A - after point 1064-C7): Insert: No guardian allowance for child covered by the Veterans' Entitlements Act "1064-C7A. There is no guardian allowance for a dependent child if the maximum payment rate of someone's service pension includes an amount for the child under the following provisions of the Veterans' Entitlements Act: (a) Service Pension Rate Calculator Where There Are Dependent Children (point 42-C5); (b) Service Pension Rate Calculator for Blinded Veterans (point 43-C3).". Section 1064 (Pension Rate Calculator A - before paragraph 1064-H1(a)): Insert: "(aa) the person's rate of pension apart from this point is greater than nil; and". Paragraph 1065(3)(c): Omit the paragraph, substitute: "(c) either or both of them are under the age of consent applicable in the State or Territory in which they are living;". Section 1065 (Pension Rate Calculator B - point 1065-A1 - Method statement - Note): Add at the end: "Note 2: an amount of remote area allowance is to be added under Step 5 only if the person's rate of pension after Step 4 is greater than nil.". Section 1065 (Pension Rate Calculator B - point 1065-C3): Omit "1065-C7", substitute "1065-C8". Section 1065 (Pension Rate Calculator B - after point 1065-C7): Insert in Module C: No guardian allowance for child covered by Veterans' Entitlements Act "1065-C8. Item 4 of Table C does not apply to a child if the maximum payment rate of someone's service pension includes an amount for the child under the following provisions of the Veterans' Entitlements Act: (a) Service Pension Rate Calculator Where There Are Dependent Children (point 42-C5); (b) Service Pension Rate Calculator for Blinded Veterans (point 43-C3).". Section 1065 (Pension Rate Calculator B - before paragraph 1065-E1(a)): Insert: "(aa) the person's rate of pension apart from this point is greater than nil; and". Paragraph 1066(3)(c): Omit the paragraph, substitute: "(c) either or both of them are under the age of consent applicable in the State or Territory in which they are living;". Section 1066 (Pension Rate Calculator C - point 1066-A1 - Method statement - Notes): Add at the end: "Note 7: an amount of remote area allowance is to be added under Step 11 only if the person's rate of pension after Step 10 is greater than nil.". Section 1066 (Pension Rate Calculator C - point 1066-H1 - before paragraph 1066-H1(a)): Insert: "(aa) the person's rate of pension apart from this point is greater than nil; and". Section 1067 (Benefit Rate Calculator A - point 1067-A1 - after the Method statement): Add at the end: "Note 2: an amount of remote area allowance is to be added under Step 12 only if the person's rate of benefit after Step 11 is greater than nil.". Section 1067 (Benefit Rate Calculator A - before paragraph 1067-K1(a)): Insert: "(aa) the person's rate of benefit apart from this point is greater than nil; and". Section 1067 (Benefit Rate Calculator A - before paragraph 1067-K2(a)): Insert: "(aa) the person's rate of benefit apart from this point is greater than nil; and". Section 1068 (Benefit Rate Calculator B - point 1068-A1 - Method statement - Notes): Add: "Note 3: an amount of remote area allowance is to be added under Step 10 only if the person's rate of benefit after Step 9 is greater than nil.". Section 1068 (Benefit Rate Calculator B - point 1068-B1 - Table B): (a) Omit from column 2 of item 1 "the home", substitute "a home". (b) Omit from column 2 of item 2 "the home", substitute "a home". Section 1068 (Benefit Rate Calculator B - point 1068-C2): Omit "and the", substitute "or the". Section 1068 (Benefit Rate Calculator B - point 1068-E5): Omit "A person", substitute "Subject to points 1068-E7 to1068-E8A, a person". Section 1068 (Benefit Rate Calculator B - point 1068-E6): Omit "A person", substitute "Subject to point 1068-E7, a person". Section 1068 (Pension Rate Calculator B - after point 1068-E8): Insert in Module D: No guardian allowance for child covered by Veterans' Entitlements Act "1068-E8A. There is no guardian allowance for a dependent child if the maximum payment rate of someone's service pension includes an amount for the child under the following provisions of the Veterans' Entitlements Act: (a) Service Pension Rate Calculator Where There Are Dependent Children (point 42-C5); (b) Service Pension Rate Calculator for Blinded Veterans (point 43-C3).". Section 1068 (Benefit Rate Calculator B - before paragraph 1068-J1(a)): Insert: "(aa) the person's rate of benefit apart from this point is greater than nil; and". Section 1068 (Benefit Rate Calculator B - before paragraph 1068-J2(a)): Insert: "(aa) the person's rate of benefit apart from this point is greater than nil; and". Section 1070 (Family Allowance Supplement Rate Calculator - paragraph 1070-D7(a)): Omit "a notifiable event", substitute "an FAS notifiable event". Section 1070 (Family Allowance Supplement Rate Calculator - point 1070-D7 - Note): Omit the Note, substitute: "Note: for `FAS notifiable event' see section 917.". Paragraph 1074(1)(d): Omit the paragraph, substitute: "(d) a return from a market-linked investment;". Subsection 1082(1): (a) After "market-linked investment" insert "that was made or acquired before 9 September 1988". (b) Before "12 months" insert "the". Paragraph 1084(b): Omit the paragraph, substitute: "(b) 1 December 1988;". Paragraph 1125(1)(b): Omit "$10,000", substitute "the disposal limit". Paragraph 1125(1)(c): Omit "$10,000", substitute "the disposal limit". Section 1125: Add at the end: "(3) In this section: `disposal limit' means: (a) in relation to assets disposed of on or after 1 March 1986 and before 1 March 1991 - $2,000; and (b) in relation to assets disposed of on or after 1 March 1991 - $10,000.". Paragraph 1126(1)(b): Omit "$10,000", substitute "disposal limit". Subparagraph 1126(1)(c)(i): Omit "$10,000", substitute "disposal limit". Subparagraph 1126(1)(d)(i): Omit "$10,000", substitute "disposal limit". Section 1126: Add at the end: "(6) In this section: `disposal limit' means: (a) in relation to assets disposed on or after 1 March 1986 and before 1 March 1991 - $4,000; and (b) in relation to assets disposed of on or after 1 March 1991 - $10,000.". Subparagraph 1223(1)(b)(i): After "allowance" insert "and the amount was not payable to the recipient". After section 1237: Insert in Part 6.1: Application of Part to decisions under the 1947 Act "1238. This Part applies as if: (a) a decision under the 1947 Act were a decision under this Act; and (b) a rate of return decision (within the meaning of section 12M of the 1947 Act) were a rate of return decision for the purposes of this Act.". Paragraph 1250(1)(c): Omit "work", substitute "activity". After subsection 1305(4): Insert: "(4A) The notice may require the person to give the information by appearing before a specified officer to answer questions. "(4B) If the notice requires the person to appear before an officer, the notice must specify a time and a place for the person to appear, and the time must be at least 14 days after the notice is given.". After subsection 1306(4): Insert: "(4A) The notice may require the person to give the information by appearing before a specified officer to answer questions. "(4B) If the notice requires the person to appear before an officer, the notice must specify a time and a place for the person to appear, and the time must be at least 14 days after the notice is given.". After subsection 1307(6): Insert: "(6A) The notice may require the person to give the information by appearing before a specified officer to answer questions. "(6B) If the notice requires the person to appear before an officer, the notice must specify a time and a place for the person to appear, and the time must be at least 14 days after the notice is given.". PART 2 - AMENDMENTS COMMENCING 12 NOVEMBER 1991 Section 146A: Omit the section, substitute: Cancellation or suspension for failure to comply with section 132, 1304 or 1305 notice "146A. If: (a) a person who is receiving a disability support pension is given a notice under section 132, 1304 or 1305; and (b) the person does not comply with the requirements set out in the notice; the Secretary may determine that the pension is to be cancelled or suspended.". Section 728M: Omit the section, substitute: Cancellation or suspension for failure to comply with section 727, 1304 or 1305 notice "728M. If: (a) a person who is receiving a sickness allowance is given a notice under section 727, 1304 or 1305; and (b) the person does not comply with the requirements set out in the notice; the Secretary may determine that the allowance is to be cancelled or suspended.". Section 1066A (Pension Rate Calculator D - point 1066A-D7): Omit "point", substitute "points 1066A-D7A and". Section 1066A (Pension Rate Calculator D - point 1066A-A1 - Method statement - Notes): Add at the end: "Note 5: an amount of remote area allowance is to be added under Step 12 if the person's rate of pension after Step 11 is greater than nil.". Section 1066A (Pension Rate Calculator D - paragraph 1066A-D7 (b)): After "couple" insert "or a respite care couple". Section 1066A (Pension Rate Calculator D - after point 1066A- D7): Insert: No guardian allowance for child covered by Veterans' Entitlements Act "1066A-D7A. There is no guardian allowance for a dependent child if the maximum payment rate of someone's service pension includes an amount for the child under the following provisions of the Veterans' Entitlements Act: (a) Service Pension Rate Calculator Where There Are Dependent Children (point 42-C5); (b) Service Pension Rate Calculator for Blinded Veterans (point 43-C3).". Section 1066A (Pension Rate Calculator D - before paragraph 1066A-I1): Insert: "(aa) the person's rate of pension apart from this point is greater than nil; and". Section 1066B (Pension Rate Calculator E - point 1066B-A1 - after the Method statement): Add: "Note: an amount of remote area allowance is to be added under Step 6 only if the person's rate of pension after Step 5 is greater than nil.". Section 1066B (Pension Rate Calculator E - point 1066B-D3): Omit "1066B-D7", substitute "1066B-D7A". Section 1066B (Pension Rate Calculator E - point 1066B-D3 - Table D - item 4 - column 2): Add at the end "or respite care couple". Section 1066B (Pension Rate Calculator E - after point 1066B- D7): Insert in Module D: No guardian allowance for child covered by Veterans' Entitlements Act "1066B-D7A. Item 4 of Table C does not apply to a child if the maximum payment rate of someone's service pension includes an amount for the child under the following provisions of the Veterans' Entitlements Act: (a) Service Pension Rate Calculator Where There are Dependent Children (point 42-C5); (b) Service Pension Rate Calculator for Blinded Veterans (point 43-C3).". Section 1066B (Pension Rate Calculator E - before paragraph 1066B-F1(a)): Insert: "(aa) the person's rate of pension apart from this point is greater than nil; and". PART 3 - AMENDMENTS COMMENCING ON THE DAY ON WHICH THIS ACT RECEIVES THE ROYAL ASSENT Section 3: (a) Omit from the Index the entries for "exempt income", "guardian allowance", "homeless person", "multiple entitlement exclusion date of effect provision", "widower" and "presently payable". (b) Insert in the Index the following entries: " automatic termination (transfer to new payment 1223A(3) type) provision child bereavement payment 21(1) exempt income 23(1) guardian allowance 23(1) homeless person 5(1) partner bereavement payment 21(1) presently payable 9(5) service payday 23(1) .". Paragraph 4(2)(a): After "not" insert ", in the Secretary's opinion (formed as mentioned in subsection (3)),". Subsection 5(1): Add at the end of the definition of "maintained child": "and (c) is not receiving a social security pension; and "and (d) is not receiving a social security benefit;". Paragraph 5(6)(a): Omit "(other than a sheltered employment allowance)". Subsection 5(6): Omit the Note, substitute: "Note: this subsection may not apply if the young person has been receiving the pension, benefit or payment since 1 November 1984: see clause 23 in Schedule 1A.". Subsection 5(8): Omit "determining", substitute "working out". Before subsection 5(9): Insert the heading: "Dependent child - inmate of mental hospital". Subsection 7(4): Omit the subsection, substitute: "(4) For the purposes of: (a) Part 2.2 (age pension); and (b) Part 2.3 (disability support pension); and (c) Part 2.6 (sole parent pension); and (d) Part 2.7 (widowed person allowance); and (e) Part 2.8 (widow B pension); the following apply: (f) residence of a claimant in an external Territory other than Norfolk Island is taken to be residence in Australia; and (g) residence of a claimant in Norfolk Island is taken not to interrupt the continuity of residence of the claimant in Australia. "(4A) For the purposes of: (a) Part 2.4 (wife pension); and (b) Part 2.5 (carer pension); residence of a claimant in an external Territory is taken not to interrupt the continuity of residence of the claimant in Australia.". Subsection 7(6): Omit the subsection. Subparagraph 8(8)(w)(vi): Omit the subparagraph, substitute: "(vi) Army Individual Emergency Reserve;". Subsection 10(1): Omit the definition of "cash maintenance" (but not the Note), substitute: " `cash maintenance', in relation to a person, means maintenance income of the person that consists of the amount of a payment received by the person or by a dependent child of the person: (a) that is a periodic amount; or (b) that is an amount of $1,500 or less;". After subsection 10(1): Insert: "(1A) For the purposes of subsection (1), an amount is a periodic amount if it is: (a) the amount of one payment in a series of related payments, even if the payments are irregular in time and amount; or (b) the amount of a payment making up for arrears in such a series.". Section 21: Omit "21. For the purposes of this Act, if a person dies:", substitute: "21.(1) In this Act, unless the contrary intention appears: `child bereavement payment' means a payment under section 89, 146N, 194, 244, 310, 357, 405, 591, 660N, 728T, 770, 829, 888 or 950; `partner bereavement payment' means a payment under section 83, 146G, 189, 238, 304 or 823. "(2) For the purposes of this Act, if a person dies:". Subsection 23(1) (definition of "widower"): Omit the definition. Subsection 23(1): Insert: " `service payday' means a pension payday within the meaning of the Veterans' Entitlements Act;". Subsection 23(1) (definition of "recipient notification notice"): Omit the definition, substitute: " `recipient notification notice' means a notice given by the Secretary under: (a) section 68 (age pension); or (b) section 132 (disability support pension); or (c) section 172 (wife pension); or (d) section 222 (carer pension); or (e) section 284 (sole parent pension); or (f) section 341 (widowed person allowance); or (g) section 389 (widow B pension); or (h) section 574 (job search allowance); or (i) section 657 (newstart allowance); or (j) section 727 (sickness allowance); or (k) section 759 (special benefit); or (l) section 808 (special needs pensions); or (m) section 873 (family allowance); or (n) section 930 (family allowance supplement); or (o) section 978 (child disability allowance); or (p) section 1023 (double orphan pension); or (q) section 1054 (mobility allowance);". Subsection 23(1) (definition of "recipient statement notice"): Omit the definition, substitute: " `recipient statement notice' means a notice given by the Secretary under: (a) section 69 (age pension); or (b) section 133 (disability support pension); or (c) section 173 (wife pension); or (d) section 223 (carer pension); or (e) section 285 (sole parent pension); or (f) section 342 (widowed person allowance); or (g) section 390 (widow B pension); or (h) section 575 (job search allowance); or (i) section 658 (newstart allowance); or (j) section 728 (sickness allowance); or (k) section 760 (special benefit); or (l) section 809 (special needs pensions); or (m) section 874 (family allowance); or (n) section 931 (family allowance supplement); or (o) section 979 (child disability allowance); or (p) section 1024 (double orphan pension); or (q) section 1055 (mobility allowance);". Before subsection 23(8): Insert the heading: "Psychiatric confinement". Before subsection 23(10): Insert the heading: "Served the waiting period". Section 50 (Note): After "see" insert "Part". Subsection 57(1): Omit "A full", substitute "Subject to section 58, a full". Section 58: Repeal the section, substitute: Effect on instalments of backdating claim "58. If: (a) a person claims an age pension on a particular day (in this section called the `claim day'); and (b) the person's provisional commencement day is before the claim day; and (c) there is a pension payday on or after the provisional commencement day and before the claim day; then: (d) no instalment of age pension is payable on that payday; and (e) a full instalment of age pension in respect of that payday is payable on the first pension payday on or after the claim day. Note: for `provisional commencement day' see section 46.". Sections 61, 62 and 63: Repeal the sections, substitute: Instalments to be paid to person or nominee "61.(1) Subject to subsection (3), instalments of a person's age pension are to be paid to that person. "(2) The Secretary may direct that the whole or part of the instalments of a person's age pension are to be paid to someone else on behalf of the person. "(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. "62.(1) An amount that is to be paid to a person under section 61 is to be paid in the manner set out in this section. "(2) Subject to this section, the amount is to be paid 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) Where 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) Where: (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.". Paragraph 68(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Paragraph 69(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Subsection 71(1): Add at the end: "Note 3: for paragraph (d) see also section 78B.". Subsection 71(2): Add at the end: "Note: for paragraph (b) see also section 78B.". After subsection 82(1): Insert: "(1A) If: (a) a person is receiving an age pension; and (b) immediately before starting to receive the age pension the person was receiving partner bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the person's partner has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.". Section 83: Repeal the section, substitute: Continued payment of partner's pension or allowance "83.(1) If a person is qualified for payments under this Subdivision in relation to the death of the person's partner, there is payable to the person, on each of the pension paydays in the bereavement rate continuation period the following amount: (a) where the partner was receiving a social security pension - the amount that would have been payable to the partner on the payday if the partner had not died; or (b) where the partner was receiving a service pension - the amount that would have been payable to the partner under Part III of the Veterans' Entitlements Act on the service payday that: (i) where the first Thursday after the partner's death was a service payday - precedes the pension payday; or (ii) in any other case - follows the pension payday; if the partner had not died. "(2) For the purposes of subsection (1), if the couple were, immediately before the partner's death, an illness separated couple or a respite care couple, the amounts are to be worked out as if they were not such a couple.". Section 84 - Lump Sum Calculator - Method statement: (a) Omit Step 1, substitute: "Step 1. Work out the amount that would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday if: (a) the person's partner had not died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 2. Work out the amount that would have been payable to the person's partner on the pension payday or service payday immediately before the first available bereavement adjustment payday if: (a) the partner had not died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 3. Add the results of Step 1 and Step 2: the result is called the combined pensioner couple rate.". (b) Renumber Step 2 as Step 4. (c) Renumber Step 3 as Step 5. (d) Renumber Step 4 as Step 6. (e) Renumber Step 5 as Step 7. Paragraph 85(c): Omit "if the person's partner had not died", substitute: "if: (i) the person's partner had not died; and (ii) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple;". Section 86 - Lump Sum Calculator - Method statement: (a) Omit Step 1, substitute: "Step 1. Work out the amount that would have been payable to the person on the pension payday immediately after the day on which the person died if: (a) neither the person nor the person's partner had died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 2. Work out the amount that would have been payable to the partner on the pension payday or service payday immediately after the day on which the person died if: (a) neither the person nor the partner had died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 3. Add the results of Step 1 and Step 2: the result is called the combined pensioner couple rate.". (b) Renumber Step 2 as Step 4. (c) Renumber Step 3 as Step 5. (d) Renumber Step 4 as Step 6. (e) Renumber Step 5 as Step 7. Section 88: Before the Notes insert: "(2) If: (a) a person is receiving an age pension; and (b) immediately before starting to receive the age pension the person was receiving child bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the dependent child has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.". Subsection 119(1): Omit "A full", substitute "Subject to section 120, a full". Section 120: Repeal the section, substitute: Effect on instalments of backdating claim "120. If: (a) a person claims a disability support pension on a particular day (in this section called the `claim day'); and (b) the person's provisional commencement day is before the claim day; and (c) there is a pension payday on or after the provisional commencement day and before the claim day; then: (d) no instalment of disability support pension is payable on that payday; and (e) a full instalment of disability support pension in respect of that payday is payable on the first pension payday on or after the claim day. Note: for `provisional commencement day' see section 100.". Sections 123, 124 and 125: Repeal the sections, substitute: Instalments to be paid to person or nominee "123.(1) Subject to subsection (3), instalments of a person's disability support pension are to be paid to that person. "(2) The Secretary may direct that the whole or part of the instalments of a person's disability support pension are to be paid to someone else on behalf of the person. "(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. "124.(1) An amount that is to be paid to a person under section 123 is to be paid in the manner set out in this section. "(2) Subject to this section, the amount is to be paid 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) Where 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) Where: (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.". Paragraph 132(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Paragraph 133(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Subsection 135(1): Add at the end: "Note 3: for paragraph (e) see also section 146B.". Subsection 135(2): Add at the end: "Note: for paragraph (b) see also section 146B.". After subsection 146F(1): Insert: "(1A) If: (a) a person is receiving a disability support pension; and (b) immediately before starting to receive the disability support pension the person was receiving partner bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the person's partner has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.". Section 146G: Repeal the section, substitute: Continued payment of partner's pension or allowance "146G.(1) If a person is qualified for payments under this Subdivision in relation to the death of the person's partner, there is payable to the person, on each of the pension paydays in the bereavement rate continuation period: (a) where the partner was receiving a social security pension - the amount that would have been payable to the partner on the payday if the partner had not died; or (b) where the partner was receiving a service pension - the amount that would have been payable to the partner under Part III of the Veterans' Entitlements Act on the service payday that: (i) where the first Thursday after the partner's death was a service payday - precedes the pension payday; or (ii) in any other case - follows the pension payday; if the partner had not died. "(2) For the purposes of subsection (1), if the couple were, immediately before the partner's death, an illness separated couple or a respite care couple, the amounts are to be worked out as if they were not such a couple.". Section 146H - Lump Sum Calculator - Method statement: (a) Omit Step 1, substitute: "Step 1. Work out the amount that would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday if: (a) the person's partner had not died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 2. Work out the amount that would have been payable to the person's partner on the pension payday or service payday immediately before the first available bereavement adjustment payday if: (a) the partner had not died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 3. Add the results of Step 1 and Step 2: the result is called the combined pensioner couple rate.". (b) Renumber Step 2 as Step 4. (c) Renumber Step 3 as Step 5. (d) Renumber Step 4 as Step 6. (e) Renumber Step 5 as Step 7. Paragraph 146J(c): Omit "if the person's partner had not died", substitute: "if: (i) the person's partner had not died; and (ii) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple;". Section 146K - Lump Sum Calculator - Method statement: (a) Omit Step 1, substitute: "Step 1. Work out the amount that would have been payable to the person on the pension payday immediately after the day on which the person died if: (a) neither the person nor the person's partner had died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 2. Work out the amount that would have been payable to the partner on the pension payday or service payday immediately after the day on which the person died if: (a) neither the person nor the partner had died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 3. Add the results of Step 1 and Step 2: the result is called the combined pensioner couple rate.". (b) Renumber Step 2 as Step 4. (c) Renumber Step 3 as Step 5. (d) Renumber Step 4 as Step 6. (e) Renumber Step 5 as Step 7. Section 146M: Before the Notes insert: "(2) If: (a) a person is receiving a disability support pension; and (b) immediately before starting to receive the disability support pension the person was receiving child bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the dependent child has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.". Subsection 161(1): Omit "A full", substitute "Subject to section 162, a full". Section 162: Repeal the section, substitute: Effect on instalments of backdating claim "162. If: (a) a person claims a wife pension on a particular day (in this section called the `claim day'); and (b) the person's provisional commencement day is before the claim day; and (c) there is a pension payday on or after the provisional commencement day and before the claim day; then: (d) no instalment of wife pension is payable on that payday; and (e) a full instalment of wife pension in respect of that payday is payable on the first pension payday on or after the claim day. Note: for `provisional commencement day' see section 150.". Sections 165, 166 and 167: Repeal the sections, substitute: Instalments to be paid to person or nominee "165.(1) Subject to subsection (3), instalments of a person's wife pension are to be paid to that person. "(2) The Secretary may direct that the whole or part of the instalments of a person's wife pension are to be paid to someone else on behalf of the person. "(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. "166.(1) An amount that is to be paid to a person under section 165 is to be paid in the manner set out in this section. "(2) Subject to this section, the amount is to be paid 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) Where 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) Where: (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.". Paragraph 172(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Paragraph 173(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Subsection 175(1): Add at the end: "Note 3: for paragraph (d) see also section 182B.". Subsection 175(2): Add at the end: "Note: for paragraph (b) see also section 182B.". Subsection 186(1): Omit "is entitled to payments under this Subdivision to cover the bereavement period", substitute "remains qualified for the wife pension during the bereavement period as if: (a) the partner had not died; and (b) the partner had continued to receive age or disability support pension or rehabilitation allowance; and (c) the person and the partner had continued to be members of a couple.". Subsection 186(2): Omit the subsection. Section 187: Repeal the section, substitute: Continued wife pension rate "187. Where a person is qualified for a wife pension because of section 186, the person's wife pension rate is worked out as follows: (a) during the bereavement rate continuation period, the rate of wife pension is the rate that would have been payable to the person if: (i) her partner had not died; and (ii) where the couple had been an illness separated couple or a respite care couple - they had not been such a couple; (b) during the bereavement lump sum period (if any), the rate of payments under this Subdivision is the rate at which a widow B pension would have been payable to the woman if she had been qualified for a widow B pension.". Section 190 - Lump Sum Calculator - Method statement: (a) Omit Step 1, substitute: "Step 1. Work out the amount that would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday if: (a) the person's partner had not died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 2. Work out the amount that would have been payable to the person's partner on that pension payday if: (a) the partner had not died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 3. Add the results of Step 1 and Step 2: the result is called the combined pensioner couple rate.". (b) Renumber Step 2 as Step 4. (c) Renumber Step 3 as Step 5. (d) Renumber Step 4 as Step 6. (e) Renumber Step 5 as Step 7. Section 191 - Lump Sum Calculator - Method statement: (a) Omit Step 1, substitute: "Step 1. Work out the amount that would have been payable to the person on the pension payday immediately after the day on which the person died if: (a) neither the person nor the person's partner had died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 2. Work out the amount that would have been payable to the partner on that pension payday if: (a) neither the person nor the partner had died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 3. Add the results of Step 1 and Step 2: the result is called the combined pensioner couple rate.". (b) Renumber Step 2 as Step 4. (c) Renumber Step 3 as Step 5. (d) Renumber Step 4 as Step 6. (e) Renumber Step 5 as Step 7. Section 193: Before the Notes insert: "(2) If: (a) a person is receiving a wife pension; and (b) immediately before starting to receive the wife pension the person was receiving child bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the dependent child has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.". Subsection 212(1): Omit "A full", substitute "Subject to section 213, a full". Section 213: Repeal the section, substitute: Effect on instalments of backdating claim "213. If: (a) a person claims a carer pension on a particular day (in this section called the `claim day'); and (b) the person's provisional commencement day is before the claim day; and (c) there is a pension payday on or after the provisional commencement day and before the claim day; then: (d) no instalment of carer pension is payable on that payday; and (e) a full instalment of carer pension in respect of that payday is payable on the first pension payday on or after the claim day. Note: for `provisional commencement day' see section 201.". Sections 215, 216 and 217: Repeal the sections, substitute: Instalments to be paid to person or nominee "215.(1) Subject to subsection (3), instalments of a person's carer pension are to be paid to that person. "(2) The Secretary may direct that the whole or part of the instalments of a person's carer pension are to be paid to someone else on behalf of the person. "(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. "216.(1) An amount that is to be paid to a person under section 215 is to be paid in the manner set out in this section. "(2) Subject to this section, the amount is to be paid 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) Where 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) Where: (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.". Paragraph 222(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Paragraph 223(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Subsection 225(1): Add at the end: "Note 3: for paragraph (d) see also section 231B.". Subsection 225(2): Add at the end: "Note: for paragraph (b) see also section 231B.". Subsection 235(2): Omit the subsection. After subsection 237(1): Insert: "(1A) If: (a) a person is receiving a carer pension; and (b) immediately before starting to receive the carer pension the person was receiving partner bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the person's partner has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.". Section 238: Repeal the section, substitute: Continued payment of partner's pension or allowance "238.(1) If a person is qualified for payments under this Subdivision in relation to the death of the person's partner, there is payable to the person, on each of the pension paydays in the bereavement rate continuation period: (a) where the partner was receiving a social security pension - the amount that would have been payable to the partner on the payday if the partner had not died; or (b) where the partner was receiving a service pension - the amount that would have been payable to the partner under Part III of the Veterans' Entitlements Act on the service payday that: (i) where the first Thursday after the partner's death was a service payday - precedes the pension payday; or (ii) in any other case - follows the pension payday; if the partner had not died. "(2) For the purposes of subsection (1), if the couple were, immediately before the partner's death, an illness separated couple or a respite care couple, the amounts are to be worked out as if they were not such a couple.". Section 239 - Lump Sum Calculator - Method statement: (a) Omit Step 1, substitute: "Step 1. Work out the amount that would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday if: (a) the person's partner had not died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 2. Work out the amount that would have been payable to the person's partner on the pension payday or service payday immediately before the first available bereavement adjustment payday if: (a) the partner had not died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 3. Add the results of Step 1 and Step 2: the result is called the combined pensioner couple rate.". (b) Renumber Step 2 as Step 4. (c) Renumber Step 3 as Step 5. (d) Renumber Step 4 as Step 6. (e) Renumber Step 5 as Step 7. Paragraph 240(c): Omit "if the person's partner had not died", substitute: "if: (i) the person's partner had not died; and (ii) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple;". Section 241 - Lump Sum Calculator - Method statement: (a) Omit Step 1, substitute: "Step 1. Work out the amount that would have been payable to the person on the pension payday immediately after the day on which the person died if: (a) neither the person nor the person's partner had died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 2. Work out the amount that would have been payable to the partner on the pension payday or service payday immediately after the day on which the person died if: (a) neither the person nor the partner had died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 3. Add the results of Step 1 and Step 2: the result is called the combined pensioner couple rate.". (b) Renumber Step 2 as Step 4. (c) Renumber Step 3 as Step 5. (d) Renumber Step 4 as Step 6. (e) Renumber Step 5 as Step 7. Section 243: Before the Notes insert: "(2) If: (a) a person is receiving a carer pension: and (b) immediately before starting to receive the carer pension the person was receiving child bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the dependent child has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.". Section 254: Omit "Subject to sections 256 and 257, a", substitute "A". Subsection 255(1): After "Subject to subsections (2) and (3)" insert "and sections 256 and 257". Section 256: Omit the section, substitute: Backdating - death of partner etc. "256. If: (a) a person's partner dies; and (b) the person lodges a claim for sole parent pension within one month after the day on which the partner dies; the person's provisional commencement day is the day on which the partner dies. Note: for `provisional commencement day' see section 855.". Section 257: Omit "the sole parent pension can become payable to the person before the provisional commencement day but is not payable to the person before", substitute "the person's provisional commencement day is". Subsection 271(1): Omit "A full", substitute "Subject to section 272, a full". Section 272: Repeal the section, substitute: Effect on instalments of backdating claim "272. If: (a) a person claims a sole parent pension on a particular day (in this section called the `claim day'); and (b) the person's provisional commencement day is before the claim day; and (c) there is a pension payday on or after the provisional commencement day and before the claim day; then: (d) no instalment of sole parent pension is payable on that payday; and (e) a full instalment of sole parent pension in respect of that payday is payable on the first pension payday on or after the claim day. Note: for `provisional commencement day' see section 255.". Sections 275, 276 and 277: Repeal the sections, substitute: Instalments to be paid to person or nominee "275.(1) Subject to subsection (3), instalments of a person's sole parent pension are to be paid to that person. "(2) The Secretary may direct that the whole or part of the instalments of a person's sole parent pension are to be paid to someone else on behalf of the person. "(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. "276.(1) An amount that is to be paid to a person under section 275 is to be paid in the manner set out in this section. "(2) Subject to this section, the amount is to be paid 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) Where 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) Where: (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.". Subsection 283(2): (a) Omit "claimant" (wherever occurring), substitute "recipient". (b) Omit "claimant's" (wherever occurring), substitute "recipient's". Subparagraph 283(2)(a)(i): Omit "263(1)", substitute "282(1)". Subparagraph 283(2)(a)(ii): Omit "263(1)", substitute "282(1)". Subsection 283(4): (a) Omit "claimant", substitute "recipient". (b) Omit "claimant's", substitute "recipient's". Paragraph 284(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Paragraph 285(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Subsection 287(1): Add at the end: "Note 3: for paragraph (d) see also section 295B.". Subsection 287(2): Add at the end: "Note: for paragraph (b) see also section 295B.". Subsection 301(3): Omit the subsection. Section 304: Repeal the section, substitute: Continued payment of partner's pension or allowance "304. If a person is qualified for payments under this Subdivision in relation to the death of the person's partner, there is payable to the person, on each of the pension paydays in the bereavement rate continuation period: (a) where the partner was receiving a social security pension - the amount that would have been payable to the partner on the payday if the partner had not died; or (b) where the partner was receiving a service pension - the amount that would have been payable to the partner under Part III of the Veterans' Entitlements Act on the service payday that: (i) where the first Thursday after the partner's death was a service payday - precedes the pension payday; or (ii) in any other case - follows the pension payday; if the partner had not died.". Section 309: Before the Notes insert: "(2) If: (a) a person is receiving a sole parent pension; and (b) immediately before starting to receive the sole parent pension the person was receiving child bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the dependent child has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.". Section 317: Omit "Subject to sections 319 and 320, a", substitute "A". Subsection 318(1): After "Subject to subsections (2) and (3)" insert "and sections 319 and 320". Section 319: Omit the section, substitute: Backdating - death of partner etc. "319. If: (a) a person's partner dies; and (b) the person lodges a claim for widowed person allowance within one month after the day on which the partner dies; the person's provisional commencement day is the day on which the partner dies. Note: for `provisional commencement day' see section 318.". Section 320: Omit all words from and including "the widowed person allowance" to and including "cannot become payable to the person before", substitute "the person's provisional commencement day is". Subsection 331(1): Omit "An instalment", substitute "Subject to section 332, an instalment". Section 332: Repeal the section, substitute: Effect on instalments of backdating claim "332. If: (a) a person claims a widowed person allowance on a particular day (in this section called the `claim day'); and (b) the person's provisional commencement day is before the claim day; and (c) there is a pension payday on or after the provisional commencement day and before the claim day; then: (d) no instalment of widowed person allowance is payable on that payday; and (e) a full instalment of widowed person allowance in respect of that payday is payable on the first pension payday on or after the claim day. Note: for `provisional commencement day' see section 318.". Sections 334, 335 and 336: Repeal the sections, substitute: Instalments to be paid to person or nominee "334.(1) Subject to subsection (3), instalments of a person's widowed person allowance are to be paid to that person. "(2) The Secretary may direct that the whole or part of the instalments of a person's widowed person allowance are to be paid to someone else on behalf of the person. "(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. "335.(1) An amount that is to be paid to a person under section 334 is to be paid in the manner set out in this section. "(2) Subject to this section, the amount is to be paid 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) Where 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) Where: (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.". Paragraph 341(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Paragraph 342(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Subsection 344(1): Add at the end: "Note 3: for subparagraph (d)(ii) see also section 352B.". Subsection 344(2): Add at the end: "Note: for paragraph (b) see also section 352B.". Section 356: Before the Notes insert: "(2) If: (a) a person is receiving a widowed person allowance; and (b) immediately before starting to receive the widowed person allowance the person was receiving child bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the dependent child has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.". Section 365: Omit "Subject to section 367, a", substitute "A". Subsection 366(1): After "Subject to subsections (2) and (3)" insert "and section 367". Section 367: Omit the section, substitute: Backdating - death of partner etc. "367. If: (a) a woman's partner dies; and (b) the woman lodges a claim for widow B pension within one month after the day on which the partner dies; her provisional commencement day is the day on which the partner dies. Note: for `provisional commencement day' see section 366.". Subsection 378(1): Omit "An instalment", substitute "Subject to section 379, an instalment". Section 379: Repeal the section, substitute: Effect on instalments of backdating claim "379. If: (a) a woman claims a widow B pension on a particular day (in this section called the `claim day'); and (b) the woman's provisional commencement day is before the claim day; and (c) there is a pension payday on or after the provisional commencement day and before the claim day; then: (d) no instalment of widow B pension is payable on that payday; and (e) a full instalment of widow B pension in respect of that payday is payable on the first pension payday on or after the claim day. Note: for `provisional commencement day' see section 366.". Sections 382, 383 and 384: Repeal the sections, substitute: Instalments to be paid to person or nominee "382.(1) Subject to subsection (3), instalments of a woman's widow B pension are to be paid to her. "(2) The Secretary may direct that the whole or part of the instalments of a woman's widow B pension 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. "383.(1) An amount that is to be paid to a person under section 382 is to be paid in the manner set out in this section. "(2) Subject to this section, the amount is to be paid 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) Where 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) Where: (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.". Paragraph 389(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Paragraph 390(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Subsection 392(1): Add at the end: "Note 3: for paragraph (d) see also section 400B.". Subsection 392(2): Add at the end: "Note: for paragraph (b) see also section 400B.". Section 404: Before the Notes insert: "(2) If: (a) a woman is receiving a widow B pension; and (b) immediately before starting to receive the widow B pension the woman was receiving child bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the dependent child has not ended; the woman is qualified for payments under this Subdivision to cover the remainder of the bereavement period.". Paragraph 519(4)(b): Omit "waiting period", substitute "disqualification". Paragraph 523(1)(f): Omit the paragraph, substitute: "(f) Army Individual Emergency Reserve.". Subsection 531(1): (a) After "course of education or" insert "of". (b) Omit "; and (d) does not include periods of deferment". Subsection 532(3): Add at the end: "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).". Paragraph 539(3)(b): Omit the paragraph. Subsection 539(4): Omit the subsection. Sections 566, 567 and 568: Repeal the sections, substitute: Instalments to be paid to person or nominee "566.(1) Subject to subsection (3), instalments of a person's job search allowance are to be paid to that person. "(2) The Secretary may direct that the whole or part of the instalments of a person's job search allowance are to be paid to someone else on behalf of the person. "(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. "567.(1) An amount that is to be paid to a person under section 566 is to be paid in the manner 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) Where 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) Where: (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.". Paragraph 574(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Paragraph 575(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Subsection 577(1): Add at the end: "Note 3: for paragraph (d) see also section 586B.". Subsection 577(2): Add at the end: "Note: for paragraph (b) see also section 586B.". Section 590: Before the Notes insert: "(2) If: (a) a person is receiving a job search allowance; and (b) immediately before starting to receive the job search allowance the person was receiving child bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the dependent child has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.". Paragraph 603(1)(f): Omit the paragraph, substitute: "(f) Army Individual Emergency Reserve.". Subsection 613(1): (a) After "course of education or" insert "of". (b) Omit "; and (d) does not include periods of deferment". Subsection 614(3): Add at the end: "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).". Subsection 614(3A): Add at the end: "Note: for `armed services widower' see subsection 4(1).". Paragraph 621(3)(b): Omit the paragraph. Subsection 621(4): Omit the subsection. Sections 649, 650 and 651: Repeal the sections, substitute: Instalments to be paid to person or nominee "649.(1) Subject to subsection (3), instalments of a person's newstart allowance are to be paid to that person. "(2) The Secretary may direct that the whole or part of the instalments of a person's newstart allowance are to be paid to someone else on behalf of the person. "(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. "650.(1) An amount that is to be paid to a person under section 649 is to be paid in the manner 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) Where 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) Where: (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.". Paragraph 657(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Paragraph 658(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Subsection 660(1): Add at the end: "Note 3: for paragraph (d) see also section 660IB.". Subsection 660(2): Add at the end: "Note: for paragraph (b) see also section 660IB.". Section 660M: Before the Notes insert: "(2) If: (a) a person is receiving a newstart allowance; and (b) immediately before starting to receive the newstart allowance the person was receiving child bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the dependent child has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.". Subsection 685(1): (a) After "course of education or" insert "of ". (b) Omit "; and (d) does not include periods of deferment". Paragraph 694(3)(b): Omit the paragraph. Subsection 694(4): Omit the subsection. Section 709 (Note 2): Add at the end: "Note 2: for double payments in the case of a major disaster see Part 2.24.". Sections 719, 720 and 721: Repeal the sections, substitute: Instalments to be paid to person or nominee "719.(1) Subject to subsection (3), instalments of a person's sickness allowance are to be paid to that person. "(2) The Secretary may direct that the whole or part of the instalments of a person's sickness allowance are to be paid to someone else on behalf of the person. "(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. "720.(1) An amount that is to be paid to a person under section 719 is to be paid in the manner 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) Where 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) Where: (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.". Paragraph 727(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Paragraph 728(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Subsection 728B(1): Add at the end: "Note 3: for paragraph (d) see also section 728N.". Subsection 728B(2): Add at the end: "Note: for paragraph (b) see also section 728N.". Section 728S: Before the Notes insert: "(2) If: (a) a person is receiving a sickness allowance; and (b) immediately before starting to receive the sickness allowance the person was receiving child bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the dependent child has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.". Subsection 729(2) (Note): Omit the Note, substitute: "Note: for `Australian resident' see subsection 7(2).". Paragraphs 729(4)(a) and (b): Omit "benefit", substitute "allowance". Paragraph 731(2)(b): Omit "speical", substitute "special". Section 732 (Note): Omit "unemployment benefit job search allowance rate", substitute "job search allowance or newstart allowance rate". Subsection 737(1): After "course of education or" insert "of". Subsection 737(2): Omit "; and (d) does not include periods of deferment". Subsection 746(2): Omit "sections 747 (major disaster) and 1161", substitute "Part 2.24 (major disaster) and section 1161". Subsection 746(2) (Note 2): Omit "section 747", substitute "Part 2.24". Sections 752, 753 and 754: Repeal the sections, substitute: Instalments to be paid to person or nominee "752.(1) Subject to subsection (3), instalments of a person's special benefit are to be paid to that person. "(2) The Secretary may direct that the whole or part of the instalments of a person's special benefit are to be paid to someone else on behalf of the person. "(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. "753.(1) An amount that is to be paid to a person under section 752 is to be paid in the manner 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) Where 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) Where: (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.". Paragraph 759(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Paragraph 760(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Section 769: Before the Notes insert: "(2) If: (a) a person is receiving special benefit; and (b) immediately before starting to receive the special benefit the person was receiving child bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the dependent child has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.". Section 774: Add at the end: "Note: for `member of a couple' see subsections 4(2), (3) and (6).". Section 781: Omit "Subject to sections 785 and 786, a", substitute "A". Section 782: Omit "Subject to section 785, a special", substitute "A special". Subsection 784(1): After "Subject to subsections (2) and (3)" insert "and sections 785 and 786". Section 785: Omit the section, substitute: Backdating - death of partner etc. "785. If: (a) a person's partner dies; and (b) the person lodges a claim for a special needs pension within one month after the day on which the partner dies; the person's provisional commencement day is the day on which the partner dies. Note: for `provisional commencement day' see section 784.". Section 786: Omit all words from and including "the special needs sole parent pension (as the case requires)" to and including "not payable to the woman before", substitute "the woman's provisional commencement day is". Paragraphs 794(2)(b), (3)(b) and (4)(b): Omit "to whom the pension is payable". Paragraph 794(2)(d): Omit "a favourable determination", substitute "a determination granting the claim". Paragraphs 794(3)(d) and (4)(d): Omit "the favourable determination", substitute "a determination granting the claim". Subsection 798(1): Omit "A full", substitute "Subject to section 799, a full". Section 799: Repeal the section, substitute: Effect on instalments of backdating claim "799. If: (a) a person claims a special needs pension on a particular day (in this section called the `claim day'); and (b) the person's provisional commencement day is before the claim day; and (c) there is a pension payday on or after the provisional commencement day and before the claim day; then: (d) no instalment of special needs pension is payable on that payday; and (e) a full instalment of special needs pension in respect of that payday is payable on the first pension payday on or after the claim day. Note: for `provisional commencement day' see section 784.". Sections 801, 802 and 803: Repeal the sections, substitute: Instalments to be paid to person or nominee "801.(1) Subject to subsection (3), instalments of a person's special needs pension are to be paid to that person. "(2) The Secretary may direct that the whole or part of the instalments of a person's special needs pension are to be paid to someone else on behalf of the person. "(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. "802.(1) An amount that is to be paid to a person under section 801 is to be paid in the manner set out in this section. "(2) Subject to this section, the amount is to be paid 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) Where 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) Where: (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.". Paragraph 808(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Subsection 809(1): Omit "sole parent or special needs widow B". Paragraph 809(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Subsection 811(1): Add at the end: "Note 3: for paragraph (e) see also section 818B.". Subsection 811(2): Add at the end: "Note: for paragraph (b) see also section 818B.". After subsection 822(1): Insert: "(1A) If: (a) a person is receiving a special needs pension; and (b) immediately before starting to receive the special needs pension the person was receiving partner bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the person's partner has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.". Section 823: Repeal the section, substitute: Continued payment of partner's pension or allowance "823.(1) If a person is qualified for payments under this Subdivision in relation to the death of the person's partner, there is payable to the person, on each of the pension paydays in the bereavement rate continuation period: (a) where the partner was receiving a social security pension - the amount that would have been payable to the partner on the payday if the partner had not died; or (b) where the partner was receiving a service pension - the amount that would have been payable to the partner under Part III of the Veterans' Entitlements Act on the service payday that: (i) where the first Thursday after the partner's death was a service payday - precedes the pension payday; or (ii) in any other case - follows the pension payday; if the partner had not died. "(2) For the purposes of subsection (1), if the couple were, immediately before the partner's death, an illness separated couple or a respite care couple, the amounts are to be worked out as if they were not such a couple.". Section 824 - Lump Sum Calculator - Method statement: (a) Omit Step 1, substitute: "Step 1. Work out the amount that would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday if: (a) the person's partner had not died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 2. Work out the amount that would have been payable to the person's partner on the pension payday or service payday immediately before the first available bereavement adjustment payday if: (a) the partner had not died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 3. Add the results of Step 1 and Step 2: the result is called the combined pensioner couple rate.". (b) Renumber Step 2 as Step 4. (c) Renumber Step 3 as Step 5. (d) Renumber Step 4 as Step 6. (e) Renumber Step 5 as Step 7. Paragraph 825(c): Omit "if the person's partner had not died", substitute: "if: (i) the person's partner had not died; and (ii) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple;". Section 826 - Lump Sum Calculator - Method statement: (a) Omit Step 1, substitute: "Step 1. Work out the amount that would have been payable to the person on the pension payday immediately after the day on which the person died if: (a) neither the person nor the person's partner had died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 2. Work out the amount that would have been payable to the partner on the pension payday or service payday immediately after the day on which the person died if: (a) neither the person nor the partner had died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple - they were not such a couple. Step 3. Add the results of Step 1 and Step 2: the result is called the combined pensioner couple rate.". (b) Renumber Step 2 as Step 4. (c) Renumber Step 3 as Step 5. (d) Renumber Step 4 as Step 6. (e) Renumber Step 5 as Step 7. Section 828: Before the Notes insert: "(2) If: (a) a person is receiving a special needs pension; and (b) immediately before starting to receive the special needs pension the person was receiving child bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the dependent child has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.". Subsection 839(1): Add at the end: "Note: for `approved care organisation' see subsection 6(1) and section 35.". Subsection 839(3): Omit the Note. Subsection 840A(7): Omit "taxable income of the person's partner for that year", substitute "taxable income for that year of the person's partner". Section 845: Repeal the section, substitute: Backdating - new client "845. If: (a) a young person becomes a client of an approved care organisation; and (b) the organisation lodges a claim for family allowance within one month after the day on which the young person becomes a client of the organisation; the organisation's provisional commencement day is the day on which the young person becomes a client of the organisation.". Subsection 861(1): Omit "A full", substitute "Subject to section 862, a full". Subsection 861(2): Omit the subsection. Section 862: Repeal the section, substitute: Effect on instalments of backdating claim "862. If: (a) a person or approved care organisation claims a family allowance on a particular day (in this section called the `claim day'); and (b) the person's or organisation's provisional commencement day is before the claim day; and (c) there is a family payment payday on or after the provisional commencement day and before the claim day; then: (d) no instalment of family allowance is payable on that payday; and (e) a full instalment of family allowance in respect of that payday is payable on the first family payment payday on or after the claim day. Note: for `provisional commencement day' see section 843.". Sections 863, 864 and 865: Repeal the sections, substitute: Instalments to be paid to person or nominee "863.(1) Subject to subsection (3), instalments of a person's or an approved care organisation's family allowance are to be paid to that person or organisation. "(2) The Secretary may direct that the whole or part of the instalments of a person's or organisation's family allowance are to be paid to someone else on behalf of the person or organisation. "(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. "864.(1) An amount that is to be paid to a person or an approved care organisation under section 863 is to be paid in the manner set out in this section. "(2) Subject to this section, the amount is to be paid to the credit of a bank account, credit union account or building society account nominated and maintained by the person or organisation. "(3) The account may be an account that is maintained by the person or organisation either alone or jointly or in common with another person or organisation. "(4) Where the person or organisation 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) Where: (a) an amount has not been paid because of subsection (4); and (b) the person or organisation 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 or organisation 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.". Paragraph 873(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Paragraph 874(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Subsection 876(1): Add at the end: "Note 3: for paragraph (d) see also section 882B.". Subsection 876(2): Add at the end: "Note: for paragraph (b) see also section 882B.". Paragraph 890A(1)(a): Omit "the", substitute "a". Subsection 895(1) (Notes): (a) Omit Note 1. (b) Renumber Note 2 as Note 1. (c) Renumber Note 3 as Note 2. (d) Renumber Note 4 as Note 3. Subsection 902(1): Omit "allowance" (second occurring), substitute "supplement". Paragraph 908(b): Omit "allowance", substitute "supplement". Subsection 920(1): Omit "A full", substitute "Subject to section 921, a full". Paragraphs 920(1)(a) and (b): Omit "allowance", substitute "supplement". Section 921: Repeal the section, substitute: Effect on instalments of backdating claim "921. If: (a) a person claims a family allowance supplement on a particular day (in this section called the `claim day'); and (b) the person's provisional commencement day is before the claim day; and (c) there is a family payment payday on or after the provisional commencement day and before the claim day; then: (d) no instalment of family allowance supplement is payable on that payday; and (e) a full instalment of family allowance in respect of that payday is payable on the first family payment payday on or after the claim day. Note: for `provisional commencement day' see section 898.". Sections 922, 923 and 924: Repeal the sections, substitute: Instalments to be paid to person or nominee "922.(1) Subject to subsection (3), instalments of a person's family allowance supplement are to be paid to that person. "(2) The Secretary may direct that the whole or part of the instalments of a person's family allowance supplement are to be paid to someone else on behalf of the person. "(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. "923.(1) An amount that is to be paid to a person under section 922 is to be paid in the manner set out in this section. "(2) Subject to this section, the amount is to be paid 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) Where 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) Where: (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.". Paragraph 930(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Paragraph 931(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Paragraph 931(7)(b): Omit "of" (second occurring), substitute "or". Subsection 933(1): Add at the end: "Note 3: for paragraph (d) see also section 939B.". Subsection 933(2): Add at the end: "Note: for paragraph (b) see also section 939B.". Section 942 (Note): After "day on which" insert "the". Section 946 (Note): Omit "overpayments", substitute "debts". Section 947 (Note): Omit "overpayments", substitute "debts". Subsection 969(1): Omit "A full", substitute "Subject to section 970, a full". Section 970: Repeal the section, substitute: Effect on instalments of backdating claim "970. If: (a) a person claims a child disability allowance on a particular day (in this section called the `claim day'); and (b) the person's provisional commencement day is before the claim day; and (c) there is a family payment payday on or after the provisional commencement day and before the claim day; then: (d) no instalment of child disability allowance is payable on that payday; and (e) a full instalment of child disability allowance in respect of that payday is payable on the first family payment payday on or after the claim day. Note: for `provisional commencement day' see section 958.". Sections 971, 972 and 973: Repeal the sections, substitute: Instalments to be paid to person or nominee "971.(1) Subject to subsection (3), instalments of a person's child disability allowance are to be paid to that person. "(2) The Secretary may direct that the whole or part of the instalments of a person's child disability allowance are to be paid to someone else on behalf of the person. "(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. "972.(1) An amount that is to be paid to a person under section 971 is to be paid in the manner set out in this section. "(2) Subject to this section, the amount is to be paid 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) Where 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) Where: (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.". Paragraph 978(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Paragraph 979(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Subsection 981(1): Add at the end: "Note 3: for paragraph (d) see also section 987B.". Subsection 981(2): Add at the end: "Note: for paragraph (b) see also section 987B.". Subsection 1012(1): Omit "A full", substitute "Subject to section 1013, a full". Section 1013: Repeal the section, substitute: Effect on instalments of backdating claim "1013. If: (a) a person or approved care organisation claims a double orphan pension on a particular day (in this section called the `claim day'); and (b) the person's or organisation's provisional commencement day is before the claim day; and (c) there is a family payment payday on or after the provisional commencement day and before the claim day; then: (d) no instalment of double orphan pension is payable on that payday; and (e) a full instalment of double orphan pension in respect of that payday is payable on the first family payment payday on or after the claim day. Note: for `provisional commencement day' see section 1002.". Sections 1014, 1015 and 1016: Repeal the sections, substitute: Instalments to be paid to person or nominee "1014.(1) Subject to subsection (3), instalments of a person's double orphan pension are to be paid to that person. "(2) The Secretary may direct that the whole or part of the instalments of a person's double orphan pension are to be paid to someone else on behalf of the person. "(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. "1015.(1) An amount that is to be paid to a person under section 1014 is to be paid in the manner set out in this section. "(2) Subject to this section, the amount is to be paid 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) Where 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) Where: (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.". Paragraph 1023(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Paragraph 1024(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Section 1026: Add at the end: "Note 3: for paragraph (d) see also section 1029B.". Section 1046: After "mobility allowance", insert ", subject to section 1047,". Section 1047: Repeal the section, substitute: Effect on instalments of backdating claim "1047. If: (a) a person claims a mobility allowance on a particular day (in this section called the `claim day'); and (b) the person's provisional commencement day is before the claim day; and (c) there is an allowance payday on or after the provisional commencement day and before the claim day; then: (d) no instalment of mobility allowance is payable on that payday; and (e) a full instalment of mobility allowance in respect of that payday is payable on the first allowance payday on or after the claim day. Note: for `provisional commencement day' see section 1039.". Sections 1048, 1049 and 1050: Repeal the sections, substitute: Instalments to be paid to person or nominee "1048.(1) Subject to subsection (3), instalments of a person's mobility allowance are to be paid to that person. "(2) The Secretary may direct that the whole or part of the instalments of a person's mobility allowance are to be paid to someone else on behalf of the person. "(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. "1049.(1) An amount that is to be paid to a person under section 1048 is to be paid in the manner set out in this section. "(2) Subject to this section, the amount is to be paid 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) Where 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) Where: (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.". Paragraph 1054(3)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient notification notice given under this Act.". Paragraph 1055(2)(e): Omit the paragraph, substitute: "(e) must specify that the notice is a recipient statement notice given under this Act.". Section 1057: Add at the end: "Note 3: for paragraph (d) see also section 1059B.". Section 1064 (Pension Rate Calculator A - paragraph 1064-C7(b)): After "couple", insert "or a respite care couple". Section 1064 (Pension Rate Calculator A - point 1064-D5): Omit "fortnight", substitute "year". Section 1064 (Pension Rate Calculator A - point 1064-D5 - Table D - after item 3): Insert the following item: "4. Member of an illness separated or respite care couple Annual rent - $1,300 $1,612.00 $1,882.40 $2,150.20 Section 1064 (Pension Rate Calculator A - point 1064-D5 - Note 1 to Table D): Omit " "and partnered" ", substitute " `partnered', `illness separated (a) Omit the Note. (b) Renumber Note 3 as Note 2. Paragraph 1067(2)(a): Before "person is" insert "a". Section 1067 (Benefit Rate Calculator A - point 1067-A1): In Step 2 of the Method statement, omit "dependent". Section 1067 (Benefit Rate Calculator A - paragraphs 1067-F8(a), (c) and (e)): Omit "of". Section 1067 (Benefit Rate Calculator A - point 1067-G18): Add at the end: "Note 1: for `young person' see subsection 5 (1). Note 2: a young person receiving JSA may be a dependent child for the purposes of this point.". Section 1067 (Benefit Rate Calculator A - point 1067-H9): Add at the end: "Note: the income free area is used in the ordinary income test in relation to fortnightly income.". Section 1067 (Benefit Rate Calculator A - point 1067-H10): Add at the end: "Note 2: the income free area is used in the ordinary income test in relation to fortnightly income.". Section 1067 (Benefit Rate Calculator A - point 1067-J8): Omit "limit". Section 1067 (Benefit Rate Calculator A - point 1067-J11 and heading): Omit "limit" (wherever occurring). Subsection 1068(2): Omit "Where:", substitute "If:". Subsection 1068(3): Omit "Where a person:", substitute "If:". Subsection 1068(3) (Note 1): Omit "sections 533", substitute "sections 532, 614". Section 1068 (Benefit Rate Calculator B - point 1068-A1): In Step 2 of the Method statement, omit "dependent". Section 1068 (Benefit Rate Calculator B - point 1068-E1 - Method statement - Step 2): Omit "per year", substitute "per fortnight". Section 1068 (Benefit Rate Calculator B - point 1068-G9): Add at the end: "Note: the income free area is used in the ordinary income test in relation to fortnightly income.". Section 1068 (Benefit Rate Calculator B - point 1068-G10): Add at the end: "Note 2: the income free area is used in the ordinary income test in relation to fortnightly income.". Section 1068 (Benefit Rate Calculator B - point 1068-H7): Omit "limit". Section 1068 (Benefit Rate Calculator B - point 1068-H10 and heading): Omit "limit" (wherever occurring). Section 1070 (Family Allowance Supplement Rate Calculator - point 1070-D9): Omit "taxable income of the person's partner for that year", substitute "taxable income for that year of the person's partner". Section 1072M: Omit "1072M", substitute "1072A". Paragraph 1072M(2)(b): Omit "1072N", substitute "1072B". Subsection 1072M(3): Omit "1072N, 1072P and 1072Q", substitute "1072B, 1072C and 1072D". Section 1072N: Omit "1072N", substitute "1072B". Section 1072P: Omit "1072P", substitute "1072C". Subsection 1072P(1): Omit "1072Q", substitute "1072D". Section 1072Q: Omit "1072Q", substitute "1072D". Subsection 1073(2): Before "income" insert "ordinary". Paragraph 1074(1)(b): Before "income" insert "ordinary". Subsection 1074(1): Before "income" (last occurring) insert "ordinary". Subsection 1075(1): (a) Before "income" insert "ordinary". (b) Omit "assumed receipt period", substitute "period of 12 months starting on the day on which the person realises the investment and receives an amount by way of a return on the investment". Subsection 1075(2): Omit the subsection. Subsection 1094(1): Omit all words from "If a determination" to "the Secretary must" (inclusive), substitute "If a determination of entitlement is made in relation to a person who has a market-linked investment that was made or acquired on or after 9 September 1988, the Secretary must". Subparagraph 1099P(d)(ii): Omit "110(3)", substitute "1110(3)". Section 1115 (Earnings Credit Account Balance Calculator - paragraphs 1115-B1(b) and B3(b)): Omit "(other than a carer pension)". Subsection 1118(1): Add at the end: "Note 1: for `granny flat interest' see subsection 11(9). Note 2: for `principal home' see subsections 11(5), (6) and (7). Note 3: for `reasonable security of tenure' see subsection 11(8). Note 4: for `exempt funeral investment' see subsection 23(1).". After subsection 1132(2): Insert: "Note: for `maximum payment rate', see, for example, Step 6 of the Method statement in point 1067-A1.". Subsection 1134(1): (a) Omit "(d)" (second occurring), substitute "(e)". (b) Omit "(e)", substitute "(f)". Subsection 1135(2) (Note 2): Omit "(r)", substitute "(s)". Subsection 1137(1) (Note 2): Omit "(r)", substitute "(s)". Subsection 1137(2) (Note 2): Omit "(r)", substitute "(s)". Section 1145: Add at the end: "Note 1: for `retirement village' see subsections 12(3) and (4). Note 2: for `granny flat interest' see subsection 11(9). Note 3: for `principal home' see subsections 11(5), (6) and (7).". Section 1146: Add at the end: "Note 1: for `member of an ordinary couple with different principal homes' see subsection 12(2). Note 2: for `entry contribution' see section 1147. Note 3: for `extra allowable amount' see section 1148.". Subparagraph 1153(3)(c)(i): Omit the subparagraph, substitute: "(i) the resident is to be taken not to be a homeowner; and (ia) the partner is to be taken not to have a right or interest in relation to the resident's principal home; and". Paragraph 1153(4)(b): Omit "right to", substitute "right or". Subsection 1154(3): Omit the subsection. Section 1154: Add at the end: "(5) Subsection (4) applies: (a) whether or not the resident actually has any right or interest in the resident's principal home; and (b) whatever the value of any right or interest that the resident does have in the resident's principal home.". Subsection 1165(1) (Note): Omit ", (5) and (6)", substitute "and (5)". Subsection 1165(2) (Note): Omit ", (5) and (6)", substitute "and (5)". Subsection 1165(3): Omit the subsection, substitute: Lump sum preclusion period "(3) The lump sum preclusion period is the period that begins on: (a) if periodic compensation payments are made in respect of the lost earnings or lost earning capacity - the day after the last day of the periodic payments period; or (b) in any other case - the day on which the loss of earnings or loss of earning capacity began; and ends after the number of weeks specified in subsection (4). Note: for `periodic payments period' see section 17.". Subsection 1165(6): Omit the subsection. Subsection 1191(1) (CPI Indexation Table - item 2 - column 6): Omit "$0.05", substitute "$0.10". Subsection 1191(1) (CPI Indexation Table - item 3 - column 6): Omit "$0.05", substitute "$0.10". Subsection 1191(1) (CPI Indexation Table - item 6 - column 6): Omit "$0.05", substitute "$0.10". Subsection 1191(1) (CPI Indexation Table - item 17 - column 6): Omit "$52.00", substitute "not applicable - see subsection 1194(5)". Subsection 1194(5): Omit "the rounding base" (twice occurring), substitute "$52.00". Subsection 1199(1): Omit "FAS under 13 MBR child", substitute "FAS under 13 child MBR". Subsection 1199(2): Omit "FAS under 13 MBR child", substitute "FAS under 13 child MBR". Subsection 1199(5): Omit "5" (twice occurring), substitute "10". Subsection 1200(4): Omit "(2)", substitute "(3)". Subsection 1201(1): Before "formula" insert "following". Subsection 1201(5): Omit "5" (twice occurring), substitute "10". Subsection 1222(2) (Recovery Methods Table - item 2): Omit "(multiple entitlement exclusion)", substitute "(automatic termination (transfer to new payment type))". Paragraph 1223A(1)(a): Omit "a multiple entitlement exclusion date of effect", substitute "an automatic termination (transfer to new payment type)". Subsection 1223A(3): Omit "multiple entitlement exclusion date of effect", substitute "automatic termination (transfer to new payment type)". Subsection 1231(1) (Method statement - Step 1): Omit "The Secretary is to decide, in each case, the amount", substitute "Take the amount, decided under subsection (1A),". After subsection 1231(1): Insert: "(1A) The Secretary is to decide in each case the amount by which each payment of the person's pension, benefit or allowance is to be reduced, and may vary the amount from time to time.". Subsection 1233(1): Omit "an amount (in this section called the "debt")", substitute "a debt". Heading to Part 5.4: Omit "OVERPAYMENTS AND". Paragraphs 1250(1)(d), (e) and (g): Omit the paragraphs, substitute: "(d) under section 49, 50, 107, 108, 153, 154, 204, 205, 260, 261, 323, 324, 370, 371, 552, 553, 636, 637, 700, 701, 741, 742, 790, 791, 848, 849, 903, 904, 962, 963, 1005, 1006, 1041, 1042, 1061M or 1061N (form and place of lodgment of claim); or (e) to give a recipient notification notice; or (f) to give a recipient statement notice; or (g) under section 1304, 1306 or 1307 (notice requiring information from any person); or". Subsection 1250(1): Add at the end: "Note 3: for `recipient notification notice' and `recipient statement notice' see subsection 23(1).". Paragraph 1253(4)(a): Omit the paragraph. Section 1311 (Note): Omit "job search allowance" (second occurring), substitute "newstart allowance". Subsection 1342 (2): Omit "after the receipt of the report". Paragraph 1347(a): Omit "a". Paragraph 1347(b): Before "an instalment" insert "payment of". Paragraph 1348(a): Omit "a". Paragraph 1348(b): Before "an instalment" insert "payment of". Subsection 1361(2): After "this Act", insert "or the 1947 Act". PART 4 - AMENDMENTS COMMENCING IMMEDIATELY AFTER THE COMMENCEMENT OF PART 3 OF THE SCHEDULE TO THE SOCIAL SECURITY LEGISLATION AMENDMENT ACT (NO. 3) 1991 Section 842: Omit all words from and including "Subject" to and including "family", substitute "Family". Subsection 843(1): Omit "section 844", substitute "sections 844, 845, 845A and 845B". PART 5 - AMENDMENT COMMENCING 1 JANUARY 1992 Paragraph 1250(1)(d): Before "1061M" insert "1061J, 1061JA,". PART 6 - AMENDMENT COMMENCING 12 MARCH 1992 Subsection 1132(2) (Note): Omit the Note, substitute: "Note: for `maximum payment rate', see, for example, Step 5 of the Method statement in point 1067-A1.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SCHEDULE 3 SCHEDULE 3 Section 73 AMENDMENT OF THE SOCIAL SECURITY ACT 1991 RELATING TO PENALTIES Subsection 68(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 69(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 132(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 133(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 172(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 173(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 222(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 223(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 284(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 285(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 341(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 342(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 389(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 390(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 574(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 575(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 657(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 658(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 727(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 728(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 759(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 760(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 808(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 809(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 873(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 874(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 930(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 931(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 978(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 979(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 1023(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 1024(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 1054(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 1055(6): Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Subsection 1272(2) (Note): Omit the Note, substitute: "Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". Section 1350: Omit "Penalty: $2,000 or imprisonment for a period of 12 months, or both.", substitute: "Penalty: Imprisonment for 2 years. Note: subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SCHEDULE 4 SCHEDULE 4 Section 73 AMENDMENT OF THE SOCIAL SECURITY ACT 1991 RELATING TO COMPENSATION RECOVERY PART 1 - AMENDMENTS COMMENCING 12 NOVEMBER 1991 Subparagraphs 1163(1)(a)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; (iii) rehabilitation allowance payable in place of one of those;". Subparagraphs 1163(1)(b)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; (iii) rehabilitation allowance payable in place of one of those;". Subsection 1163(6): Omit "invalid", substitute "disability support". Subparagraphs 1164(1)(a)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; or (iii) rehabilitation allowance payable in place of one of those; or". Subparagraphs 1164(2)(a)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; or (iii) rehabilitation allowance payable in place of one of those; or". Subparagraphs 1165(1)(a)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; or (iii) rehabilitation allowance payable in place of one of those; or". Subparagraphs 1165(2)(a)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; or (iii) rehabilitation allowance payable in place of one of those; or". Subparagraphs 1165(2)(d)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; or (iii) rehabilitation allowance payable in place of one of those; or". Subparagraphs 1165(2)(e)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; or (iii) rehabilitation allowance payable in place of one of those; or". Subparagraphs 1166(1)(b)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; or (iii) rehabilitation allowance payable in place of one of those; or". Section 1166 (Recoverable Amount Table - Key): After "in place of DSP", insert "or SSB". Subparagraphs 1168(1)(b)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; or (iii) rehabilitation allowance payable in place of one of those; or". Section 1168 (Reduction Table - Key): After "in place of DSP", insert "or SSB". Section 1170 (Recoverable Amount Table): Omit "CLS" (wherever occurring), substitute "SPCP". Section 1170 (Recoverable Amount Table - Key): (a) After "in place of DSP", insert "or SSB". (b) Omit "CLS=compensation part of lump sum", substitute "SPCP=sum of periodic compensation payments". Subparagraphs 1172(1)(b)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; or (iii) rehabilitation allowance payable in place of one of those; or". Subparagraphs 1174(1)(b)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; or (iii) rehabilitation allowance payable in place of one of those; or". Subparagraphs 1174(5)(b)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; or (iii) rehabilitation allowance payable in place of one of those; or". Subparagraphs 1174(6)(b)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; or (iii) rehabilitation allowance payable in place of one of those; or". Subparagraphs 1177(1)(b)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; or (iii) rehabilitation allowance payable in place of one of those; or". Subparagraphs 1179(1)(b)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; or (iii) rehabilitation allowance payable in place of one of those; or". Subparagraphs 1179(5)(b)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; or (iii) rehabilitation allowance payable in place of one of those; or". Subparagraphs 1179(6)(b)(ii) and (iii): Omit the subparagraphs, substitute: "(ii) social security benefit; or (iii) rehabilitation allowance payable in place of one of those; or". PART 2 - AMENDMENTS COMMENCING 20 MARCH 1992 After subparagraph 1164(1)(a)(i): Insert: "(ia) sole parent pension; or". After subparagraph 1164(2)(a)(i): Insert: "(ia) sole parent pension; or". After subparagraph 1165(1)(a)(i): Insert: "(ia) sole parent pension; or". After subparagraph 1165(2)(a)(i): Insert: "(ia) sole parent pension; or". After subparagraph 1165(2)(d)(i): Insert: "(ia) sole parent pension;". After subparagraph 1165(2)(e)(i): Insert: "(ia) sole parent pension;". After subparagraph 1166(1)(b)(i): Insert: "(ia) sole parent pension; or". Subsection 1166(2) (Recoverable Amount Table): After "DSP" (wherever occurring) insert "SPP". Subsection 1166(2) (Key to Recoverable Amount Table:) After "DSP=disability support pension", insert "SPP=sole parent pension". After subparagraph 1172(1)(b)(i): Insert: "(ia) a sole parent pension; or". After subparagraph 1174(1)(b)(i): Insert: "(ia) a sole parent pension; or". After subparagraph 1174(5)(b)(i): Insert: "(ia) a sole parent pension; or". After subparagraph 1174(6)(b)(i): Insert: "(ia) a sole parent pension; or". After subparagraph 1177(1)(b)(i): Insert: "(ia) a sole parent pension; or". After subparagraph 1179(1)(b)(i): Insert: "(ia) a sole parent pension; or". After subparagraph 1179(5)(b)(i): Insert: "(ia) a sole parent pension; or". After subparagraph 1179(6)(b)(i): Insert: "(ia) a sole parent pension; or". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SCHEDULE 5 SCHEDULE 5 Section 74 AMENDMENTS OF OTHER ACTS PART 1 - AMENDMENT OF THE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990 Section 3 (paragraph (p) of the definition of "family identity data"): Omit "and address or addresses", substitute ", address or addresses and date of birth". PART 2 - AMENDMENT OF THE PRIVACY ACT 1988 Paragraph 13(ba): Omit "under this Act", substitute "under that Act". SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SCHEDULE 6 SCHEDULE 6 Section 75 NEW INTERNATIONAL AGREEMENTS SCHEDULE 9 Section 1208 AGREEMENT between AUSTRALIA and IRELAND ON SOCIAL SECURITY Australia and Ireland, Wishing to strengthen the existing friendly relations between the two countries, and Resolved to coordinate their social security systems, Have agreed as follows: PART I GENERAL PROVISIONS ARTICLE 1 Definitions 1. In this Agreement, unless the context otherwise requires: (a) "benefit" means, in relation to a Party, a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any additional amount, increase or supplement that is payable in addition to that benefit, pension or allowance to or in respect of a person who qualifies for that additional amount, increase or supplement under the legislation of that Party; (b) "Competent Authority" means, in relation to Australia: the Secretary to the Department of Social Security; and in relation to Ireland: the Minister for Social Welfare; (c) "Competent Institution" means, in relation to Australia: the Department of Social Security; and in relation to Ireland: the Department of Social Welfare; (d) "legislation" means, in relation to Australia: the laws specified in subparagraph 1(a) of Article 2; and in relation to Ireland: the laws specified in subparagraph 1(b) of Article 2; (e) "period of residence in Australia", in relation to a person, means a period defined as such in the legislation of Australia, but does not include any period deemed pursuant to Article 8 to be a period in which that person was an Australian resident; (f) "Irish period of insurance" means, a period in respect of which qualifying contributions have been paid or a period in respect of which contributions have been treated as paid or credited and which has been or can be used to acquire the right to benefit under the legislation of Ireland, but does not include any period deemed pursuant to Article 10 to be an Irish period of insurance; (g) "territory" means, in relation to Australia: Australia as defined in the legislation of Australia; and in relation to Ireland: that part of the island of Ireland which is at present under the jurisdiction of the Government of Ireland; (h) "widow" means, in relation to Australia, a de jure widow but does not include a woman who is the de facto spouse of a man. 2. In the application by a Party of this Agreement in relation to a person, any term not defined in this Article shall, unless the context otherwise requires, have the meaning assigned to it in the legislation of either Party or, in the event of a conflict of meaning, by whichever of those laws is the more applicable to the circumstances of that person. ARTICLE 2 Legislative Scope 1. Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequently amend, supplement, consolidate or replace them: (a) in relation to Australia: the Social Security Act 1947 in so far as the Act provides for, applies to or affects the following benefits: (i) age pensions; (ii) invalid pensions; (iii) pensions payable to widows; (iv) wives' pensions; and (v) widowed person's allowances; (b) in relation to Ireland: the Social Welfare Acts 1981 to 1991 and the regulations made thereunder to the extent that they provide for and apply to: (i) old age (contributory) pensions; (ii) retirement pensions; (iii) widow's (contributory) pensions; (iv) invalidity pensions; (v) orphan's (contributory) allowances; (vi) death grants; and (vii) the liability for the payment of employment and self-employment contributions. 2. Notwithstanding the provisions of paragraph 1, the legislation of Australia shall not include any laws made at any time for the purpose of giving effect to any agreement on social security. 3. This Agreement shall apply to laws which extend the legislation of either Party to new categories of beneficiaries only if the two Parties so agree in a formal amendment to this Agreement. ARTICLE 3 Personal Scope This Agreement shall apply to any person who: (a) is or has been an Australian resident; or (b) is or has been subject to the legislation of Ireland, and, where applicable, to other persons in regard to the rights they derive from the person described above. ARTICLE 4 Equality of Treatment Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations which arise whether directly under the legislation of that Party or by virtue of this Agreement. ARTICLE 5 Detached Workers 1. (a) Where a person, who is insurably employed under the legislation of Ireland, is sent by his or her employer, whose principal place of business is in the territory of Ireland, to the territory of Australia to perform work there on the employer's behalf which is of a temporary nature, the legislation of Ireland concerning liability for the payment of employment contributions shall apply during the first 24 months of the employment in the territory of Australia. (b) However, if the time taken to complete the work in the territory of Australia exceeds 24 months the Competent Authority of Ireland may, at the request of the employer of the person concerned, extend the period in respect of which the legislation of Ireland shall apply. 2. (a) The Competent Authority of Ireland may grant exemption from liability to pay employment contributions which would otherwise be payable under the legislation of Ireland, for a period not exceeding 24 months, in respect of employment in the territory of Ireland of an Australian resident, where the Competent Authority of Ireland is satisfied that the employment is of a temporary nature. (b) If, however, the time taken to complete the work in the territory of Ireland exceeds 24 months, the Competent Authority of Ireland may extend the period in respect of which the said exemption shall apply. PART II PROVISIONS RELATING TO BENEFITS AUSTRALIAN BENEFITS ARTICLE 6 (SU1Residence or Presence in the Territory of Ireland or a Third State 1. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except that he or she is not an Australian resident and in Australia on the date on which he or she lodges a claim for that benefit but he or she: (a) is an Australian resident or residing in the territory of Ireland or a third State with which Australia has concluded an agreement on social security that includes a provision for co-operation in the assessment and determination of claims for benefits; and (b) is in Australia, or the territory of Ireland or that third State, that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date. 2. Paragraph 1 shall not apply to a claimant for a wife's pension who has never been an Australian resident. ARTICLE 7 Spouse Related Australian Benefits For the purposes of Article 9 only, a person who receives from Australia an Australian benefit, pension or allowance under the social security laws of Australia due to the fact that the spouse of that person receives, by virtue of this Agreement, an Australian benefit shall be deemed to be receiving that benefit, pension or allowance as if it were an Australian benefit received by virtue of this Agreement. ARTICLE 8 Totalisation for Australia 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated: (a) a period as an Australian resident that is less than the period required to qualify him or her, on that ground, under the legislation of Australia for a benefit; and (b) a period of residence in Australia equal to or greater than the period identified in paragraph 4 for that person and has accumulated an Irish period of insurance, then for the purposes of a claim for that Australian benefit, that Irish period of insurance shall be deemed, only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia, to be a period in which that person was an Australian resident. 2. For the purposes of paragraph 1, where a person: (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitlement of that person to a benefit; and (b) has accumulated an Irish period of insurance in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph (a), the total of the Irish periods of insurance shall be deemed to be one continuous period. 3. For all the purposes of this Article, where a period by a person as an Australian resident and an Irish period of insurance coincide, the period of coincidence shall be taken into account once only by Australia as a period as an Australian resident. 4. The period of residence in Australia to be taken into account for the purposes of subparagraph 1(b) shall be as follows: (a) for the purposes of an Australian benefit that is payable to a person residing outside Australia, the minimum period required shall be 12 months, of which at least 6 months must be continuous; and (b) for the purposes of an Australian benefit that is payable to an Australian resident, no minimum period shall be required. 5. For the purpose of a claim by a person for a pension payable to a widow, that person shall be deemed to have accumulated an Irish period of insurance for any period for which her spouse accumulated an Irish period of insurance but any period during which the person and her spouse both accumulated those periods of insurance shall be taken into account once only. 6. For the purpose of converting Irish periods of insurance into periods as an Australian resident in accordance with this Article, one week of an Irish period of insurance shall be deemed to be a period of a week as an Australian resident. ARTICLE 9 Calculation of Australian Benefits 1. Subject to paragraph 2, where an Australian benefit is payable whether by virtue of this Agreement or otherwise to a person who is outside the territory of Australia, the rate of that benefit shall be determined according to the legislation of Australia but when assessing the income of that person for the purposes of calculating the rate of the Australian benefit only a proportion of any Irish benefit which is received by that person shall be regarded as income. That proportion shall be calculated by multiplying the number of whole months accumulated by that person in a period of residence in Australia (not exceeding 300) by the amount of that Irish benefit and dividing that product by 300. 2. A person referred to in paragraph 1 shall only be entitled to receive the concessional assessment of income described in that paragraph for any period during which the rate of that person's Australian benefit is proportionalised under the legislation of Australia. 3. Where an Australian benefit is payable, whether by virtue of this Agreement or otherwise to a person who is resident in the territory of Ireland, Australia shall disregard, when assessing the income of that person, any of the Irish payments listed hereunder: (i) unemployment assistance; (ii) old age pension; (iii) blind pension; (iv) widow's (non-contributory) pension; (v) orphan's (non-contributory) pension; (vi) deserted wife's allowance; (vii) prisoners' wife's allowance; (viii) lone parent's allowance; (ix) single woman's allowance (x) supplementary welfare allowance; (xi) child benefit; (xii) rent allowance; (xiii) a maintenance allowance under Section 69 of the Health Act 1979; (xiv) any allowance, dependant's allowance, disability pension or wound pension under the Army Pensions Act 1923 to 1980; and any other payments of a similar nature, as mutually determined from time to time in letters exchanged between the Ministers respectively administering the legislation of Australia and Ireland, paid to that person by Ireland. 4. Subject to the provisions of paragraph 5, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit shall be determined by: (a) calculating that person's income according to the legislation of Australia but disregarding in that calculation any Irish benefits received by that person; (b) deducting the amount of any Irish benefits received by that person from the maximum rate of that Australian benefit; and (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person's income the amount calculated under subparagraph (a). 5. Where a married person is, or both that person and his or her spouse are, in receipt of an Irish benefit or benefits, each of them shall be deemed, for the purpose of paragraph 4 and for the legislation of Australia, to be in receipt of one half of either the amount of that benefit or total of both of those benefits, as the case may be. 6. If a person would receive an Australian benefit except for the operation of paragraph 4 or except for that person's failure to claim the benefit, then for the purposes of a claim by that person's spouse for a payment under the legislation of Australia that person shall be deemed to receive that benefit. 7. The reference in paragraph 6 to a payment under the legislation of Australia to the spouse of a person is a reference to a payment of any benefit, pension or allowance payable under the social security laws of Australia and whether payable by virtue of this Agreement or otherwise. 8. As soon as is practicable after the exchange of letters in which Irish payments are mutually determined for the purposes of paragraph 3, the Minister administering the legislation of Australia shall cause to be published in the Commonwealth of Australia Gazette a notice specifying such Irish payments. PART III PROVISIONS RELATING TO IRISH BENEFITS ARTICLE 10 Totalisation for Ireland 1. Notwithstanding the provisions of paragraphs 2 and 3 of this Article where a person is entitled to an Irish benefit by virtue of his or her Irish periods of insurance alone, that benefit shall be payable and the provisions of paragraph 2 of this Article shall not apply. 2. Subject to paragraph 4, if a person is not entitled to an Irish benefit on the basis of his or her Irish periods of insurance alone, then such periods shall be totalised with periods of residence in Australia, in accordance with the provisions of paragraph 3. The person's entitlement to benefit shall be determined on the basis of the totalised periods in accordance with the statutory contribution conditions provided for under the legislation of Ireland and the amount of Irish benefit payable shall be calculated in accordance with the provisions of Article 11. 3. For the purposes of determining entitlement to an Irish benefit in accordance with the provisions of paragraph 2, a period of residence in Australia by a person shall be considered to be a period in respect of which the person has qualifying contributions under the legislation of Ireland. 4. For the purposes of paragraph 3, each calendar week or part thereof in which a person has a period of residence in Australia shall be deemed to be a contribution week in respect of which the person has a qualifying contribution under the legislation of Ireland. 5. Where a period of residence in Australia and an Irish period of insurance coincide, the period of coincidence shall be taken into account once only by Ireland as an Irish period of insurance. 6. Subject to paragraph 7, if the total duration of the Irish periods of insurance completed under the legislation of Ireland is less than one year and if, taking into account only those periods, no right to a benefit exists under that legislation, the Competent Authority of Ireland will not be required to award benefits in respect of those periods by virtue of this Agreement. 7. For the purpose of determining entitlement to a death grant or orphan's (contributory) allowance: (a) periods of residence in Australia shall be taken into account as if they were Irish periods of insurance completed under the legislation of Ireland; (b) periods of residence in Australia shall be converted into Irish periods of insurance in accordance with the provisions of paragraph 3, with the exception that no period of residence in Australia prior to 1 October 1970 shall be taken into account for the purposes of determining entitlement to a death grant. 8. For the purposes of determining entitlement of a person to an invalidity pension, any period of continuous incapacity for work which occurs during a period of residence in Australia by that person shall be deemed to be a period of continuous incapacity in the territory of Ireland. 9. For the purposes of converting periods of residence in Australia into Irish periods of insurance as provided for in paragraphs 3 and 7, periods of residence in Australia which occur either before a person attains the age of 16 years or after a person attains pensionable age in Australia shall not be taken into account. ARTICLE 11 Calculation of Irish Benefits 1. Where a person is entitled to an Irish benefit by virtue of the totalisation arrangements prescribed in Article 10, the Competent Institution of Ireland shall calculate the amount of benefit, other than death grant and orphan's (contributory) allowance, as follows: (a) the amount of the theoretical benefit exclusive of any additional amount, or supplement or any increase other than an increase for an adult dependent which would be payable if all the periods of residence in Australia and all the Irish periods of insurance had been completed under Irish legislation; (b) the proportion of such theoretical benefit which bears the same relation to the whole as the total of Irish periods of insurance completed under the legislation of Ireland bears to the total of all periods of residence in Australia and Irish periods of insurance. The proportionate amount thus calculated plus any additional amount, supplement or increase other than an increase for an adult dependent shall be the rate of benefit actually payable by the Competent Institution of Ireland. 2. In the case of death grant and orphan's (contributory) allowance the amount of benefit payable shall be calculated in accordance with the relevant contribution conditions under the legislation of Ireland taking account of the provisions of Article 10(7). PART IV MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS ARTICLE 12 Lodgement of Documents 1. A claim, notice or appeal concerning a benefit, whether payable by a Party by virtue of this Agreement or otherwise, may be lodged in the territory of either of the Parties in accordance with administrative arrangements made pursuant to Article 16 at any time after the Agreement enters into force. 2. The date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent Institution of the other Party shall be treated, for the purposes of assessing entitlement to benefit, as the date of lodgement of that document with the Competent Institution of the first Party. 3. In relation to Australia, the reference in this Article to an appeal document is a reference to a document concerning an appeal that may be made to an administrative body established by the social security laws of Australia. ARTICLE 13 Determination of Claims 1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement: (a) a period as an Australian resident and an Irish period of insurance; and (b) any event or fact which is relevant to that eligibility or entitlement, shall, subject to this Agreement, and to the relevant provisions of the social security laws of each Party, be taken into account in so far as those periods or those events or facts are applicable in regard to that person and whether they were accumulated or occurred before or after the date on which this Agreement enters into force. 2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concerned but shall never be earlier than the date on which this Agreement enters into force. 3.(a) In the case of contingencies which occurred before the commencement of this Agreement the amount of a benefit under the legislation of Ireland due only by virtue of this Agreement shall be determined from the date of entry into force of the Agreement at the request of the beneficiary. (b) Where a claim for a determination in accordance with subparagraph (a) is submitted within two years from the date of entry into force of the Agreement, the benefit shall be paid from that date; otherwise the benefit shall be paid from the date determined under the legislation of Ireland. 4. Where: (a) an Australian benefit payable by virtue of this Agreement is claimed or is being paid; and (b) there are reasonable grounds for believing that the claimant may also be entitled, whether by virtue of this Agreement or otherwise, to an Irish benefit and, if paid, would affect the amount of the Australian benefit, that Australian benefit shall not be paid or continue to be paid until a claim is duly lodged for payment of the Irish benefit or if the claim for the Irish benefit is not actively pursued. 5. Where: (a) a benefit is paid or payble by a Party to a person in respect of a past period; (b) for all or part of that period, the other Party has paid to that person a benefit under its legislation; and (c) the amount of the benefit paid by that other Party would have been reduced had the benefit paid or payable by the first Party been paid during that period; then (d) the amount that would not have been paid by the other Party had the benefit described in subparagraph (a) been paid on a periodical basis throughout that past period, shall be a debt due by that person to the other Party; and (e) the other Party may determine that the amount, or any part, of that debt may be deducted from future payments of a benefit payable by that Party to that person. 6. Where the first Party has not yet paid the benefit described in subparagraph 5 (a) to the person: (a) that Party shall, at the request of the other Party, pay the amount of the benefit necessary to meet the debt described in subparagraph 5 (d) to the other Party and shall pay any excess to the person; and (b) any shortfall may be recovered by the other Party under subparagraph 5 (e). 7. The Competent Institution receiving a request under paragraph 6 shall transfer the amount of the debt to the Competent Institution making the request. 8. A reference in paragraphs 4, 5 and 6 to a benefit, means, in relation to Australia, a pension, benefit or allowance that is payable under the social security laws of Australia and, in relation to Ireland, any pension, benefit or allowance payable under the laws of Ireland. ARTICLE 14 Payment of Benefits 1. Benefits of one Party are also payable in the territory of the other Party. 2. Where the legislation of a Party provides that a benefit is payable outside the territory of that Party, then that benefit, when payable by virtue of this Agreement, is also payable outside the territories of both Parties. 3. Where qualification for an Australian benefit is subject to limitations as to time, then references to Australia in those limitations shall be read also as references to the territory of Ireland. 4. The payment outside Australia of an Australian benefit that is payable by virtue of this Agreement shall not be restricted by those provisions of the legislation of Australia which prohibit the payment of a benefit to a former Australian resident who returns to Australia, becoming again an Australian resident, and lodges a claim for an Australian benefit and leaves Australia within 12 months of the date of that return. ARTICLE 15 Exchange of Information and Mutual Assistance 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement: (a) shall communicate to each other any information necessary for the application of this Agreement; (b) shall lend their good offices and furnish assistance to one another with regard to the determination or payment of any benefit under this Agreement or the legislation to which this Agreement applies as if the matter involved the application of their own legislation; (c) shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in their respective legislation insofar as these changes affect the application of this Agreement; and (d) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the Parties with third States, to the extent and in the circumstances specified in administrative arrangements made in accordance with Article 16. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any administrative arrangements made pursuant to Article 16. 3. Unless disclosure is required under the laws of a Party, any information about an individual which is transmitted in accordance with this Agreement to a Competent Authority or a Competent Institution of that Party by a Competent Authority or a Competent Institution of the other Party is confidential and shall be used only for purposes of implementing this Agreement and the legislation to which this Agreement applies. 4. In no case shall the provisions of paragraphs 1 and 3 be construed so as to impose on the Competent Authority or Competent Institution of a Party the obligation: (a) to carry out administrative measures at variance with the laws or the administrative practice of that Party or the other Party; or (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that Party or the other Party. 5. In the application of this Agreement, the Competent Authority and the Competent Institution of a Party may communicate with the other in any official language of that Party. ARTICLE 16 Administrative Arrangements The Competent Authorities of the Parties shall make whatever administrative arrangements are necessary in order to implement this Agreement. ARTICLE 17 Resolution of Difficulties 1. The Competent Authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement according to its spirit and fundamental principles. 2. The Parties shall consult promptly at the request of either concerning matters which have not been resolved by the Competent Authorities in accordance with paragraph 1. ARTICLE 18 Review of Agreement Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose as soon as possible after that request was made and, unless the Parties otherwise agree, their meeting shall be held in the territory of the Party to which the request was made. PART V TRANSITIONAL AND FINAL PROVISIONS ARTICLE 19 Entry Into Force and Termination 1. This Agreement is subject to ratification. The instruments of ratification shall be exchanged at Dublin as soon as possible. 2. Once all constitutional and legislative requirements, including administrative arrangements referred to in Article 16 of this Agreement have been fulfilled this Agreement shall enter into force on the first day of the second month following the month in which the instruments of ratification are exchanged. 3. Subject to paragraph 4, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other a note through the diplomatic channel indicating the intention of the other Party to terminate this Agreement. 4. In the event that this Agreement is terminated in accordance with paragraph 3, the Agreement shall continue to have effect in relation to all persons who: (a) at the date of termination, are in receipt of benefits; or (b) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits, by virtue of this Agreement. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement. DONE in 2 copies at CANBERRA this EIGHTH day of APRIL, one thousand nine hundred and ninety-one. FOR AUSTRALIA: GRAHAM RICHARDSON FOR IRELAND: MICHAEL WOODS SCHEDULE 10 Section 1208 AGREEMENT between THE GOVERNMENT OF AUSTRALIA and THE GOVERNMENT OF THE REPUBLIC OF PORTUGAL ON SOCIAL SECURITY The Government of Australia and the Government of the Republic of Portugal, Wishing to strengthen the existing friendly relations between the two countries, and Resolved to coordinate their social security systems; Have agreed as follows: PART I GENERAL PROVISIONS ARTICLE 1 Definitions 1. In this Agreement, unless the context otherwise requires: (a) "benefit" means, in relation to a Party, a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any additional amount, increase or supplement that is payable, in addition to that benefit, pension or allowance, to or in respect of a person who qualifies for that additional amount, increase or supplement under the legislation of that Party; (b) "carer's pension" means a carer's pension payable to a spouse under the legislation of Australia; (c) "Competent Authority" means: in relation to Australia: the Secretary to the Department of Social Security; and, in relation to Portugal: the Minister or other corresponding authority responsible for the social security schemes in all or any part of the territory of Portugal; (d) "Competent Institution" means: in relation to Australia: the Competent Authority for Australia; and, in relation to Portugal: the Institution responsible under the legislation of Portugal for dealing with a claim for a Portuguese benefit; (e) "Institution" means: in relation to Australia: the Department of Social Security; and, in relation to Portugal: the body responsible for the implementation of the legislation of Portugal; (f) "legislation" means, in relation to a Party, the laws specified in Article 2; (g) "period of residence in Australia", in relation to a person, means a period defined as such in the legislation of Australia, but does not include any period deemed pursuant to Article 11 to be a period in which that person was an Australian resident; (h) "Portuguese insurance period" means the period of contributions or any equivalent period which has been or can be used to acquire the right to a benefit under Portuguese legislation, but does not include any period considered under paragraph 1 of Article 13 as a Portuguese insurance period; (i) "territory" means, in relation to Portugal, the territory of the Republic of Portugal on the European continent and the archipelagos of the Azores and Madeira; and, in relation to Australia, Australia as defined in the legislation of Australia; (j) "widow" means: in relation to Australia: a de jure widow or a dependent female; and, in relation to Portugal: a de jure widow or an unmarried or legally separated woman covered by paragraph 1 of Article 2020 of the Civil Law Code; but does not include a woman who is the de facto spouse of a man. 2. In the application by a Party of this Agreement in relation to a person, any term not defined in this Article shall, unless the context otherwise requires, have the meaning assigned to it in the legislation of either Party or, in the event of a conflict of meanings, by whichever of those laws is the more applicable to the circumstances of that person. ARTICLE 2 Legislative Scope 1. Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequently amend, supplement or replace them: (a) in relation to Australia: the Social Security Act 1947 in so far as the Act provides for, applies to or affects the following benefits: - age pensions; - invalid pensions; - wives' pensions; - carers' pensions; - benefits payable to widows; - unemployment benefits; and - sickness benefits; and (b) in relation to Portugal: (i) the legislation relating to the General Scheme and the Special Schemes (including the Voluntary Social Insurance Scheme and excluding provisions for Civil Servants or persons treated as such) of the Social Security System in respect of the following benefits: - old age pensions; - invalid pensions; - survivors' pensions and death grant; - sickness and maternity benefits; - unemployment benefits; - funeral grant; and - family allowance for pensioners (including pensioners under the legislation relating to work injury and occupational diseases); (ii) the legislation relating to work injury and occupational diseases pensions; and (iii) the legislation relating to the non-contributory scheme in respect of old age, invalid and survivors' pensions. 2. Unless otherwise provided in this Agreement, the laws referred to in paragraph 1 shall not include any treaty or other international agreement or supra-national legislation on social security which may be in force between either Party and a third State or third States, or laws or regulations promulgated for their specific implementation. 3. This Agreement shall apply to laws which extend the legislation of either Party to new categories of beneficiaries only if the two Parties so agree in a Protocol to this Agreement. ARTICLE 3 Personal Scope This Agreement shall apply to any person who: (a) is or has been an Australian resident; or (b) is or has been subject to the legislation of Portugal; and, where applicable, to any other person with respect to the rights he or she derives from such a person described in subparagraph (a) or (b). ARTICLE 4 Equality of Treatment Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations which arise whether directly under the legislation of that Party or by virtue of this Agreement. ARTICLE 5 Voluntary Social Insurance As soon as an Australian citizen is deemed to be a resident in Portugal that person shall be entitled to register with the Voluntary Social Insurance Scheme under the legislation of Portugal on the same basis as a national of Portugal. ARTICLE 6 Payment of Benefits 1. Subject to paragraph 4, benefits of one Party are also payable in the territory of the other Party. 2. Where the legislation of a Party provides that a benefit is payable outside the territory of that Party, then that benefit, when payable by virtue of this Agreement, is also payable outside the territories of both Parties. 3. Where qualification for a benefit of one Party is subject to limitations as to time, then reference to that Party in those limitations shall be read also as references to the territory of the other Party. 4. Notwithstanding any provision of this Agreement unemployment benefits and sickness benefits under the legislation of Australia shall not be paid outside the territory of Australia and sickness and maternity benefits and unemployment benefits under the legislation of Portugal and Portuguese pensions specified in Article 2(1)(b)(iii) shall not be paid outside the territory of Portugal. PART II PROVISIONS ON COVERAGE ARTICLE 7 Application of Legislation 1. Except as otherwise provided in this Agreement, the persons to whom this Agreement applies shall be covered by: (a) Portuguese legislation if they are resident or employed in Portugal; or (b) Australian legislation if they are Australian residents. 2. Where a person is entitled to claim a benefit under the legislation of a Party that legislation shall also apply to that person. ARTICLE 8 Decisions on Coverage The Competent Authorities will, in accordance with their countries' respective legislation, decide on the coverage to be applied in the best interests of a person. PART III PROVISIONS RELATING TO BENEFITS SECTION 1 AUSTRALIAN BENEFITS ARTICLE 9 Residence or Presence in Portugal or a Third State 1. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except that he or she is not an Australian resident and in Australia on the date on which he or she lodges a claim for that benefit but he or she: (a) is an Australian resident or residing in the territory of Portugal or a third State with which Australia has concluded an agreement on social security that includes provision for co-operation in the assessment and determination of claims for benefits; and (b) is in Australia, or the territory of Portugal or that third State; that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date. 2. Paragraph 1 shall not apply to a claimant for a wife's pension or carer's pension who has never been an Australian resident. ARTICLE 10 Spouse Related Australian Benefits For the purposes of this Agreement, a person who receives from Australia an Australian benefit due to the fact that the spouse of that person receives, by virtue of this Agreement, another Australian benefit shall be deemed to receive that first-mentioned benefit by virtue of this Agreement. ARTICLE 11 Totalisation for Australia 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated: (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for a benefit; and (b) a period of residence in Australia equal to or greater than the period identified in accordance with paragraph 4 for that person; and a Portuguese insurance period, then for the purposes of a claim for that Australian benefit, that Portuguese insurance period shall be deemed, only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia, to be a period in which that person was an Australian resident. 2. For the purposes of paragraph 1, where a person: (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitlement of that person to a benefit; and (b) has accumulated a Portuguese insurance period in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph (a); the total of the Portuguese insurance periods shall be deemed to be one continuous period. 3. Where a period by a person as an Australian resident and a Portuguese insurance period coincide, the period of coincidence shall be taken into account once only by Australia for the purposes of this Article as a period as an Australian resident. 4. The period of residence in Australia (as defined in Article 1) to be taken into account for the purposes of paragraph 1(b) shall be as follows: (a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of which at least 6 months must be continuous; and (b) for the purposes of an Australian benefit that is payable to an Australian resident, no period of residence in Australia shall be required. ARTICLE 12 Calculation of Australian Benefits 1. Subject to paragraphs 2 and 3, where an Australian benefit is payable whether by virtue of this Agreement or otherwise to a person who is outside Australia, the rate of that benefit shall be determined according to the legislation of Australia but when assessing the income of that person for the purposes of calculating the rate of the Australian benefit only a proportion of any Portuguese benefit paid to that person under the legislation specified in Article 2(1)(b)(i) or (ii) shall be regarded as income. That proportion shall be calculated by multiplying the number of whole months accumulated by that person in a period of residence in Australia (not exceeding 300) by the amount of that Portuguese benefit and dividing that product by 300. 2. A person referred to in paragraph 1 shall be entitled to receive the concessional assessment of income described in that paragraph only for any period during which the rate of that person's Australian benefit is proportionalised under the legislation of Australia. 3. When an Australian benefit is payable whether by virtue of this Agreement or otherwise to a person who is resident in the territory of Portugal, Australia shall disregard, when assessing the income of that person: (a) any benefit paid to that person under the legislation specified in Article 2(1)(b)(iii); and (b) any non-contributory supplement paid to that person by Portugal to bring the amount of that person's Portuguese benefit to the minimum level guaranteed under the legislation of Portugal. 4. Subject to paragraph 5, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit shall be determined by: (a) calculating that person's income according to the legislation of Australia but disregarding in that calculation the Portuguese benefit or benefits received by that person; (b) deducting the amount of the Portuguese benefit or benefits received by that person from the maximum rate of that Australian benefit; and (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person's income the amount calculated under subparagraph (a). 5. Where a married person is, or both that person and his or her spouse are, in receipt of a Portuguese benefit or benefits, each of them shall be deemed, for the purpose of paragraph 4 and for the legislation of Australia, to be in receipt of one half of either the amount of that benefit or the total of both of those benefits, as the case may be. 6. If a person would receive an Australian benefit except for the operation of paragraph 4 or except for that person's failure to claim the benefit, then for the purposes of a claim by that person's spouse for a payment under the legislation of Australia that person shall be deemed to receive that benefit. 7. The reference in paragraph 6 to a payment under the legislation of Australia to the spouse of a person is a reference to a payment of any benefit, pension or allowance payable under the Social Security Act 1947 as amended from time to time and whether payable by virtue of this Agreement or otherwise. SECTION 2 PORTUGUESE BENEFITS SUB-SECTION 1 OLD-AGE, INVALID AND SURVIVORS' PENSIONS ARTICLE 13 Totalisation for Portugal 1. Where this Agreement applies and there is a Portuguese insurance period that is: (a) less than the period necessary to give a claimant entitlement to the benefit claimed under the legislation of Portugal; and (b) equal to or greater than the period mentioned in paragraph 3 for that benefit; then any period of residence in Australia by the contributor to whom that Portuguese insurance period was credited shall be deemed to be a Portuguese insurance period. ARTICLE 11 Totalisation for Australia 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated: (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for a benefit; and (b) a period of residence in Australia equal to or greater than the period identified in accordance with paragraph 4 for that person; and a Portuguese insurance period, then for the purposes of a claim for that Australian benefit, that Portuguese insurance period shall be deemed, only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia, to be a period in which that person was an Australian resident. 2. For the purposes of paragraph 1, where a person: (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitlement of that person to a benefit; and (b) has accumulated a Portuguese insurance period in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph (a); the total of the Portuguese insurance periods shall be deemed to be one continuous period. 3. Where a period by a person as an Australian resident and a Portuguese insurance period coincide, the period of coincidence shall be taken into account once only by Australia for the purposes of this Article as a period as an Australian resident. 4. The period of residence in Australia (as defined in Article 1) to be taken into account for the purposes of paragraph 1(b) shall be as follows: (a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of which at least 6 months must be continuous; and (b) for the purposes of an Australian benefit that is payable to an Australian resident, no period of residence in Australia shall be required. ARTICLE 12 Calculation of Australian Benefits 1. Subject to paragraphs 2 and 3, where an Australian benefit is payable whether by virtue of this Agreement or otherwise to a person who is outside Australia, the rate of that benefit shall be determined according to the legislation of Australia but when assessing the income of that person for the purposes of calculating the rate of the Australian benefit only a proportion of any Portuguese benefit paid to that person under the legislation specified in Article 2(1)(b)(i) or (ii) shall be regarded as income. That proportion shall be calculated by multiplying the number of whole months accumulated by that person in a period of residence in Australia (not exceeding 300) by the amount of that Portuguese benefit and dividing that product by 300. 2. A person referred to in paragraph 1 shall be entitled to receive the concessional assessment of income described in that paragraph only for any period during which the rate of that person's Australian benefit is proportionalised under the legislation of Australia. 3. When an Australian benefit is payable whether by virtue of this Agreement or otherwise to a person who is resident in the territory of Portugal, Australia shall disregard, when assessing the income of that person: (a) any benefit paid to that person under the legislation specified in Article 2(1)(b)(iii); and (b) any non-contributory supplement paid to that person by Portugal to bring the amount of that person's Portuguese benefit to the minimum level guaranteed under the legislation of Portugal. 4. Subject to paragraph 5, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit shall be determined by: (a) calculating that person's income according to the legislation of Australia but disregarding in that calculation the Portuguese benefit or benefits received by that person; (b) deducting the amount of the Portuguese benefit or benefits received by that person from the maximum rate of that Australian benefit; and (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person's income the amount calculated under subparagraph (a). 5. Where a married person is, or both that person and his or her spouse are, in receipt of a Portuguese benefit or benefits, each of them shall be deemed, for the purpose of paragraph 4 and for the legislation of Australia, to be in receipt of one half of either the amount of that benefit or the total of both of those benefits, as the case may be. 6. If a person would receive an Australian benefit except for the operation of paragraph 4 or except for that person's failure to claim the benefit, then for the purposes of a claim by that person's spouse for a payment under the legislation of Australia that person shall be deemed to receive that benefit. 7. The reference in paragraph 6 to a payment under the legislation of Australia to the spouse of a person is a reference to a payment of any benefit, pension or allowance payable under the Social Security Act 1947 as amended from time to time and whether payable by virtue of this Agreement or otherwise. SECTION 2 PORTUGUESE BENEFITS SUB-SECTION 1 OLD-AGE, INVALID AND SURVIVORS' PENSIONS ARTICLE 13 Totalisation for Portugal 1. Where this Agreement applies and there is a Portuguese insurance period that is: (a) less than the period necessary to give a claimant entitlement to the benefit claimed under the legislation of Portugal; and (b) equal to or greater than the period mentioned in paragraph 3 for that benefit; then any period of residence in Australia by the contributor to whom that Portuguese insurance period was credited shall be deemed to be a Portuguese insurance period. 2. For the purposes of this Article, where a Portuguese insurance period and period of residence in Australia coincide, the period of coincidence shall be taken into account once only as a Portuguese insurance period. 3. The Portuguese insurance period to be taken into consideration for the purposes of paragraph 1(b) shall be 12 months. 4. For the purposes of this Article the upper age limit for a woman, set in the definition of a period of residence in Australia in the legislation of Australia, shall be raised to the age pension age for a woman for the purposes of claiming an old age pension under the legislation of Portugal. ARTICLE 14 Rules for the Granting of Portuguese Pensions 1. Subject to paragraph 3, the Portuguese Institution shall determine the rate of Portuguese benefits in accordance with Portuguese legislation and, in relation to old age pension, invalid pension and survivor's pension, the calculation shall be based directly and exclusively on Portuguese insurance periods and equivalents completed under Portuguese legislation. 2. If the total of any pensions paid by both Parties to a person residing in Portugal is less than the minimum pension fixed by Portuguese legislation, the Competent Institution of Portugal will pay to that person an amount equal to that difference. 3. For the purposes of calculating any supplement to be paid by Portugal to an Australian resident to bring Portuguese benefit paid, other than by virtue of this Agreement, to that person to the minimum level fixed by Portuguese legislation, any Australian benefit paid to that person by virtue of this Agreement shall not be taken into account. 4. Entitlement to Portuguese pensions paid by virtue of this Agreement shall have regard to occupational activity carried out in the territory of Australia as if that activity was carried out in the territory of Portugal. 5. In the assessment of income for the calculation of the rate of a spouse's supplement under the legislation of Portugal, wife's pension payable under the legislation of Australia shall not be taken into account. SUB-SECTION 2 OTHER PORTUGUESE BENEFITS ARTICLE 15 Sickness and Maternity Benefits Where a person, after his or her last arrival in the territory of Portugal, has accomplished a contribution period under Portuguese legislation for the purposes of eligibility for a sickness or maternity benefit under that legislation, the periods of residence in Australia shall be deemed as periods accomplished under Portuguese legislation, provided that they do not coincide. ARTICLE 16 Unemployment Benefit Where a person, after his or her last arrival in the territory of Portugal, has accomplished a contribution period of at least four weeks under Portuguese legislation for the purposes of eligibility for unemployment benefit under that legislation, the periods of residence in Australia, during which an occupational activity has been pursued as an employee or Australian unemployment benefit has been awarded as a result of no longer being an employee, shall be deemed as periods accomplished under Portuguese legislation, provided that they do not coincide. ARTICLE 17 Family Allowance for Pensioners Family allowances payable under the legislation of Portugal: (a) shall be payable by virtue of this Agreement to pensioners who are residing in Australia and receiving a pension under the legislation of Portugal be they Australian citizens or Portuguese nationals; (b) shall not preclude the payment of family allowance under the Social Security Act 1947 of Australia as amended from time to time; and shall for the purposes of reciprocity in relation to this Agreement be regarded as the Portuguese benefit equivalent to those Australian benefits described as additional pension and mothers' and guardians' allowances for children. ARTICLE 18 Pensions for Accidents at Work and Occupational Diseases 1. Pensions related to incapacity due to work-related accidents or occupational diseases according to Portuguese legislation shall be paid by the competent Portuguese institution whenever a person is subject to the legislation applied by it at the time the accident occurred or at the date the occupational disease has been contracted if that person has been pursuing an occupational activity likely to cause that disease according to the legislation of that Party. 2. In order to determine the permanent incapacity rate for work-related accidents or occupational diseases under Portuguese legislation, work-related accidents or occupational diseases which qualified a person for a benefit under Australian legislation shall be deemed to have occurred under Portuguese legislation. PART IV MISCELLANEOUS PROVISIONS ARTICLE 19 Lodgement of Documents 1. A claim, notice or appeal concerning a benefit, whether payable by a Party by virtue of this Agreement or otherwise, may be lodged in the territory of either of the Parties in accordance with administrative arrangements made pursuant to Article 23 at any time after the Agreement enters into force. 2. The date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent Institution of the other Party shall be treated, for all purposes concerning the matter to which it relates, as the date of lodgement of that document with the Competent Institution of the first Party. 3. The reference in paragraph 2 to an appeal document is a reference to a document concerning an appeal that may be made to an administrative body established by, or administratively for the purposes of, the respective legislations. ARTICLE 20 Determination of Claims 1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement: (a) a period as an Australian resident and a Portuguese insurance period; and (b) any event or fact which is relevant to that entitlement, shall, subject to this Agreement, be taken into account in so far as those periods or those events are applicable in regard to that person no matter when they were accumulated or occurred. 2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concerned but in no case shall that date be a date earlier than the date on which this Agreement enters into force. 3. Where: (a) a claim is made for a benefit payable by one of the Parties by virtue of this Agreement; and (b) there are no reasonable grounds for the claimant not to claim a benefit under the legislation of the other Party, whether by virtue of this Agreement or otherwise; that first-mentioned benefit shall not be paid until a claim is duly lodged for payment of the second-mentioned benefit and the first-mentioned benefit shall not continue to be paid if the claim for the second-mentioned benefit is not actively pursued. 4. The provisions of paragraph 3 shall in no way affect the rights of a person under the legislation of Portugal to continue to acquire the right to a benefit under that legislation. 5. Where: (a) a benefit is paid or payable by a Party to a person in respect of a past period; (b) for all or part of that period, the other Party has paid to that person a benefit under its legislation; and (c) the amount of the benefit paid by that other Party would have been reduced had the benefit paid or payable by the first Party been paid during that period; then: (d) the amount that would not have been paid by the other Party had the benefit described in subparagraph (a) been paid on a periodical basis throughout that past period shall be a debt due by that person to the other Party; and (e) the other Party may determine that the amount, or any part, of that debt may be deducted from future payments of a benefit payable by that Party to that person. 6. Where the first Party has not yet paid the arrears of benefit described in subparagraph 5(a) to the person: (a) that Party shall, at the request of the other Party, pay the amount of the debt described in subparagraph 5(d) to the other Party and shall pay any excess to the person; and (b) any shortfall in those arrears may be recovered by the other Party under subparagraph 5(e). 7. A reference in paragraph 3, 5 or 6 to a benefit, in relation to Australia, means a pension, benefit or allowance that is payable under the Social Security Act 1947 of Australia as amended from time to time, and in relation to Portugal means any pension, benefit, allowance or advance made by a Competent Institution including overpayments which arise because of the payment of Portuguese and Australian benefits. ARTICLE 21 Payment of Benefits 1. If a Party imposes legal or administrative restrictions on the transfer of its currency abroad, both Parties shall adopt measures as soon as practicable to guarantee the rights to payment of benefits derived under this Agreement. Those measures shall operate retrospectively to the time the restrictions were imposed. 2. A Party that imposes restrictions described in paragraph 1 shall inform the other Party of those restrictions within one calendar month of their imposition and shall adopt the measures described in paragraph 1 within three months of the imposition of those restrictions. If the other Party is not so informed or if the necessary measures are not adopted within the set time, the other Party may treat such a failure as a material breach of the Agreement and as sufficient justification for termination or suspension of the Agreement between the Parties. 3. A benefit payable by a Party by virtue of this Agreement to a person outside the territory of that Party shall be paid without deduction for government administrative fees and charges for processing and paying that benefit. 4. The payment outside Australia of an Australian benefit that is payable by virtue of this Agreement shall not be restricted by those provisions of the legislation of Australia which prohibit the payment of a benefit to a former Australian resident who returns to Australia, becoming again an Australian resident, and lodges a claim for an Australian benefit and leaves Australia within 12 months of the date of that return. ARTICLE 22 Exchange of Information and Mutual Assistance 1. The Competent Authorities shall: (a) advise each other of laws that amend, supplement or replace the legislation of their respective Parties, promptly after the first-mentioned laws are made; (b) advise each other directly of internal action to implement this Agreement and any Administrative Arrangement adopted for its implementation; and (c) advise each other of any technical problems encountered when applying the provisions of this Agreement or of any Administrative Arrangement made for its implementation. 2. The Institutions of both Parties shall: (a) advise each other of any information necessary for the application of this Agreement or of the respective legislation of the Parties concerning all matters within their area of competence arising under this Agreement or under those laws; (b) assist one another in relation to the determination of any benefit under this Agreement or the respective legislation within the limits of and according to their own laws; and (c) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the Parties with third States, to the extent and in the circumstances specified in administrative arrangements made in accordance with Article 23. 3. The assistance referred to in paragraphs 1 and 2 shall be provided free of charge, subject to any Administrative Arrangement made pursuant to Article 23. 4. Any information about a person which is transmitted in accordance with this Agreement to an Institution shall be protected in the same manner as information obtained under the legislation of that Party. 5. In no case shall the provisions of paragraphs 1, 2 and 3 be construed so as to impose on the Competent Authority or Institution of a Party the obligation: (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or of the other Party. 6. In the application of this Agreement, the Competent Authority and the Institutions of a Party may communicate with the other in the official language of that Party. 7. In this Article the meaning of "legislation" is not confined by any restrictions imposed by Article 2. ARTICLE 23 Administrative Arrangements The Competent Authorities of the Parties shall make whatever administrative arrangements are necessary in order to implement this Agreement. ARTICLE 24 Resolution of difficulties 1. The Competent Authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement according to its spirit and fundamental principles. 2. The Parties shall consult promptly at the request of either concerning matters which have not been resolved by the Competent Authorities in accordance with paragraph 1. ARTICLE 25 Review of Agreement Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose no later than 6 months after that request was made and, unless the Parties otherwise agree, their meeting shall be held in the territory of the Party to which that request was made. PART V FINAL PROVISIONS ARTICLE 26 Entry Into Force and Termination 1. This Agreement shall enter into force on the first day of the month following the finalisation of an exchange of notes by the Parties through the diplomatic channel notifying each other that all constitutional or legislative matters as are necessary to give effect to this Agreement have been finalized. 2. Subject to paragraph 3, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other a note through the diplomatic channel indicating the intention of the other Party to terminate this Agreement. 3. In the event that this Agreement is terminated in accordance with paragraph 2, the Agreement shall contine to have effect in relation to all persons who: (a) at the date of termination, are in receipt of benefits; or (b) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits, by virtue of this Agreement. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement. DONE in 2 copies at LISBON this THIRTIETH day of APRIL, NINETEEN HUNDRED AND NINETY ONE in the English and Portuguese languages, each text being equally authoritative. FOR THE GOVERNMENT OF AUSTRALIA Graham Richardson FOR THE GOVERNMENT OF THE REPUBLIC OF PORTUGAL Jose Albino da Silva Peneda NOTES ABOUT SECTION HEADINGS 1. On the day on which this Act receives the Royal Assent, the heading to section 519 is amended by omitting "disqualification" and substituting "waiting period". 2. On the day on which this Act receives the Royal Assent, the heading to section 598 is amended by omitting "disqualification" and substituting "waiting period". 3. On the day on which this Act receives the Royal Assent, the heading to section 1187 is amended by adding at the end "or Aboriginal Employment Incentive Scheme (AEIS)". 4. On the day on which this Act receives the Royal Assent, the heading to section 1223A is amended by omitting "multiple exclusion date of effect provisions" and substituting "automatic termination (transfer to new payment type)". 5. On the day on which this Act receives the Royal Assent, the heading to section 1236 is amended by omitting "overpayment or". 6. On the day on which this Act receives the Royal Assent, the heading to section 1237 is amended by omitting "overpayment or".