Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT (BUDGET AND OTHER MEASURES) ACT 1996 No. 84, 1996 - SCHEDULE 21

Schedule 21-Application, transitional and saving provisions
Part 1-Amendments that commence on 1 January 1997 Social Security Act 1991 1
At the end of Schedule 1A Add: 96 Application and saving provisions: advance
payment provisions

(1) Subject to subclauses (2), (3) and (4), Parts 2.22 and 3.16A of this Act,
as amended by the amending Act, apply in relation to:

   (a)  all applications for an advance payment of a social security
        entitlement made on or after 1 January 1997; and

   (b)  all advance payments of social security entitlements made on or after
        that day.

(2) If:

   (a)  a person made an application for an advance payment of a social
        security entitlement under Part 2.22 of this Act before 1 January
        1997; and

   (b)  the application was not determined before that day; and

   (c)  the person was not qualified for the advance payment under this Act,
        as in force immediately before that day; Parts 2.22 and 3.16A of this
        Act, as amended by the amending Act, apply in relation to the
        application, and to any advance payment of a social security
        entitlement made pursuant to the application.

(3) If:

   (a)  a person made an application for an advance payment of a social
        security entitlement under Part 2.22 of this Act before 1 January
        1997; and

   (b)  the application was not determined before that day; and

   (c)  the person was qualified for the advance payment under this Act, as in
        force immediately before that day; Parts 2.22 and 3.16A of this Act,
        as so in force, continue to apply in relation to the application, and
        to any advance payment of a social security entitlement made pursuant
        to the application.

(4) If:

   (a)  a person receives the amount of an advance payment of a social
        security entitlement in a single lump sum, or the first instalment of
        such an amount, on or after 1 January 1997; and

   (b)  the relevant application for the advance payment was made before 1
        January 1997; and

   (c)  subclause (3) applies in relation to the application; paragraph
        1061A(4)(c) of this Act, as amended by the amending Act, does not
        apply in relation to any application made by the person for another
        advance within 12 months from the day the lump sum or instalment was
        paid.

(5) In this clause:
amending Act means the Social Security Legislation Amendment (Budget  and
Other Measures) Act 1996 . 97 Application of revised Schedule 1B

(1) Subject to subclause (2), this Act, as amended by Schedule 13 of the
amending Act, applies to claims lodged on or after 1 January 1997.

(2) Despite section 8 of the Acts Interpretation Act 1901, the amendment made
by Schedule 13 to the amending Act, applies in relation to:

   (a)  all medical, psychiatric or psychological examinations attended, or
        reports required, under subsection 105(1) on or after 1 January 1997;
        and

   (b)  all legal proceedings, applications for review of decisions, or
        determinations to the extent that the proceedings, applications or
        determinations relate to, or involve, a medical, psychiatric or
        psychological examination referred to in paragraph (a).

(3) In this clause:
amending Act means the Social Security Legislation Amendment (Budget  and
Other Measures) Act 1996 . 98 Application and transitional provisions:
amendments relating to tightening the activity test administration and
simplifying the penalty periods that apply to newstart allowance

(1) Subject to subclauses (2), (3) and (4), this Act, as amended by Parts 3
and 4 of Schedule 5 to the amending Act, applies to events occurring on or
after 1 January 1997.

(2) Subject to subclause (4), if, immediately before 1 January 1997, a person
was subject to an activity test deferment period or an administrative breach
deferment period that would end on or after 1 January 1997, then, despite the
amendments made by Part 3 and 4 of Schedule 5 to the amending Act, this Act,
as in force immediately before 1 January 1997 continues to apply to the person
in relation to that period.

(3) If:

   (a)  immediately before 1 January 1997, a person was subject to an
        administrative breach deferment period that would end on or after 1
        January 1997; and

   (b)  an activity test deferment period or an administrative breach rate
        reduction period applies to the person on or after 1 January 1997;
        then, despite the amendments made by Part 3 of Schedule 5 to the
        amending Act, the activity test deferment period or the administrative
        rate reduction period commences the day after the end of
        administrative breach deferment period.

(4) If:

   (a)  an event occurs before 1 January 1997 that results in a person being
        subject to an activity test deferment period or an administrative
        breach deferment period; and

   (b)  the period referred to in paragraph (a) has not commenced before 1
        January 1997; then, this Act applies as if the amendments made by
        Parts 3 and 4 of Schedule 5 had commenced the day before the event
        referred to in paragraph (a) occurred.

(5) In this clause:
amending Act means the Social Security Legislation Amendment (Budget  and
Other Measures) Act 1996 . 99 Application provision: amendments relating to
unemployment due to industrial action
This Act, as amended by Schedule 6 to the Social Security  Legislation
Amendment (Budget and Other Measures) Act 1996 , applies to all persons who
cease industrial action on or after 1 January 1997. 100 Application provision:
amendments relating to the abolition of the minimum rate of payment to under
18 year old sickness allowance and newstart allowance recipients
This Act, as amended by Parts 1 and 2 of Schedule 3 to the Social  Security
Legislation Amendment (Budget and Other Measures) Act 1996 , applies in
respect of sickness allowance and newstart allowance for any payment fortnight
starting on or after 1 January 1997. Student and Youth Assistance Act 1973 2
At the end of the Act Add:
Schedule 5-Application, saving and transitional provisions 1 Definitions
Expressions used in this Schedule have the same meanings as in Part 8. 2
Application and transitional provisions: amendments relating to tightening the
activity test administration and simplifying the penalty periods that apply to
youth training allowance

(1) Subject to subclauses (2), (3) and (4), Part 8 of this Act, as amended by
Parts 2 and 4 of Schedule 5 of the amending Act, applies to events occurring
on or after 1 January 1997.

(2) Subject to subclause (4), if, immediately before 1 January 1997, a person
was subject to an activity test deferment period or an administrative breach
deferment period that would end on or after 1 January 1997, then, despite the
amendments made by Part 3 and 4 of Schedule 5 to the amending Act, this Act,
as in force immediately before 1 January 1997 continues to apply to the person
in relation to that period.

(3) If:

   (a)  immediately before 1 January 1997, a person was subject to an
        administrative breach deferment period that would end on or after 1
        January 1997; and

   (b)  an activity test deferment period or an administrative breach rate
        reduction period applies to the person on or after 1 January 1997;
        then, despite the amendments made by Part 3 of Schedule 5 to the
        amending Act, the activity test deferment period or the administrative
        rate reduction period commences the day after the end of
        administrative breach deferment period.

(4) If:

   (a)  an event occurs before 1 January 1997 that results in a person being
        subject to an activity test deferment period or an administrative
        breach deferment period; and

   (b)  the period referred to in paragraph (a) has not commenced before 1
        January 1997; then, this Act applies as if the amendments made by
        Parts 3 and 4 of Schedule 5 had commenced the day before the event
        referred to in paragraph (a) occurred.

(5) In this clause:
amending Act means the Social Security Legislation Amendment (Budget  and
Other Measures) Act 1996 . 3 Application provision: amendments relating to
unemployment due to industrial action
Part 8 of this Act, as amended by Schedule 6 to the Social Security 
Legislation Amendment (Budget and Other Measures) Act 1996 , applies to all
persons who cease industrial action on or after 1 January 1997. 4 Application
provision: amendments relating to the abolition of the minimum rate of payment
to under 18 year old youth training allowance recipients
Part 8 of this Act, as amended by Part 3 of Schedule 3 to the Social  Security
Legislation Amendment (Budget and Other Measures) Act 1996 , applies in
respect of youth training allowance for any payment fortnight starting on or
after 1 January 1997.
Part 2-Amendments that commence on 20 March 1997 Social Security Act 1991 3 At
the end of Schedule 1A Add: 101 Application provision: abolition of the
earnings credit scheme
This Act, as amended by Schedule 10 to the Social Security  Legislation
Amendment (Budget and Other Measures) Act 1996 , applies:

   (a)  in respect of social security benefits (other than parenting
        allowance)-for any payment period (within the meaning of that term in
        section 42) starting on or after 20 March 1997; or

   (b)  in respect of a payday-based payment (within the meaning of that term
        in section 42)-the first payday that occurs on or after 20 March 1997
        and subsequent paydays. 102 Application provision: amendments relating
        to the application of the below threshold deeming rate
This Act, as amended by Schedule 17 to the Social Security  Legislation
Amendment (Budget and Other Measures) Act 1996 , applies:

   (a)  in respect of social security benefits (other than parenting
        allowance)-for any fortnight starting on or after 20 March 1997; or

   (b)  in respect of a payday-based payment (within the meaning of that term
        in section 42)-the first payday that occurs on or after 20 March 1997
        and subsequent paydays. Student and Youth Assistance Act 1973 4 At the
        end of Schedule 5 Add: 5 Application provision: abolition of the
        earnings credit scheme
This Act, as amended by Schedule 10 to the Social Security  Legislation
Amendment (Budget and Other Measures) Act 1996 , applies in respect of youth
training allowance to any payment period (within the meaning of that term in
section 63) starting on or after 20 March 1997. 6 Application provision:
amendments relating to the application of the below threshold deeming rate
Part 8 of this Act, as amended by Schedule 17 to the Social Security 
Legislation Amendment (Budget and Other Measures) Act 1996 , applies in
respect of youth training allowance for any fortnight starting on or after 20
March 1997.
Part 3-Amendments that commence on 20 September 1997 Social Security Act 1991
5 At the end of Schedule 1A Add: 103 Application provision: income maintenance
periods

(1) This Act, as amended by Part 1 of Schedule 7 to the amending Act, applies
in relation to leave payments that are received on or after 20 September 1997.

(2) For the purposes of this section, a person (the first person) is taken to
receive a leave payment if the payment is made to another person:

   (a)  at the direction of the first person or a court; or

   (b)  on behalf of the first person; or

   (c)  for the benefit of the first person; or the first person waives or
        assigns the first person's right to receive the payment.

(3) In this section:
amending Act means the Social Security Legislation Amendment (Budget  and
Other Measures) Act 1996 .
leave payment includes payments in respect of sick leave, annual leave,
maternity leave, and long service leave. 104 Application provision: amendments
relating to the liquid assets test waiting period
This Act, as amended by Part 2 of Schedule 7 to the Social Security 
Legislation Amendment (Budget and Other Measures) Act 1996 , applies to all
claims lodged on or after 20 September 1997. Student and Youth Assistance Act
1973 6 At the end of Schedule 5 Add: 7 Application provision: income
maintenance periods

(1) Part 8 of this Act, as amended by Part 1 of Schedule 7 to the amending
Act, applies in relation to leave payments that are received on or after 20
September 1997.

(2) For the purposes of this section, a person (the first person) is taken to
receive a leave payment if the payment is made to another person:

   (a)  at the direction of the first person or a court; or

   (b)  on behalf of the first person; or

   (c)  for the benefit of the first person; or the first person waives or
        assigns the first person's right to receive the payment.

(3) In this section:
amending Act means the Social Security Legislation Amendment (Budget  and
Other Measures) Act 1996 .
leave payment includes payments in respect of sick leave, annual leave,
maternity leave, and long service leave. 8 Application provision: amendments
relating to the liquid assets test waiting period
Part 8 of this Act, as amended by Part 2 of Schedule 7 to the Social  Security
Legislation Amendment (Budget and Other Measures) Act 1996 , applies to all
claims lodged on or after 20 September 1997.
Part 4-Amendments that commence on 1 October 1997 Social Security Act 1991 7
At the end of Schedule 1A Add: 105 Application and saving provisions: debts
due to the Commonwealth and their recovery

(1) For the avoidance of doubt, and without affecting the operation of section
8 of the Acts Interpretation Act 1901, Part 2 of Schedule 18 to the amending
Act does not:

   (a)  affect the operation of Part 5.2 or 5.3 of this Act before 1 October
        1997; or

   (b)  extinguish the amount of any debt due to the Commonwealth arising
        before 1 October 1997 that was outstanding at the start of that day;
        or

   (c)  prevent the recovery, on or after 1 October 1997, of any such
        outstanding amount.

(2) Sections 1230C and 1236 of this Act, as amended by the amending Act, apply
in relation to:

   (a)  debts arising on or after 1 October 1997; and

   (b)  the amounts of debts arising before that day that were outstanding at
        the start of that day.

(3) Section 1237A of this Act, as amended by the amending Act, applies in
relation to debts arising before, on or after 1 October 1997.

(4) Despite section 8 of the Acts Interpretation Act 1901, if a legal
proceeding or an application for review of a decision:

   (a)  relates to, or otherwise involves, a provision of Part 5.2, 5.3 or 5.4
        of this Act; and

   (b)  is not finally determined before 1 October 1997; the proceeding or
        application must, if continued, be determined as if it had been
        instituted on that day, and this Act, as amended by Schedule 18 to the
        amending Act, applies to the proceeding or application accordingly.

(5) In this clause:
amending Act means the Social Security Legislation Amendment (Budget  and
Other Measures) Act 1996 . Student and Youth Assistance Act 1973 8 At the end
of Schedule 5 Add: 9 Application and saving provisions: debts due to the
Commonwealth and their recovery

(1) For the avoidance of doubt, and without affecting the operation of section
8 of the Acts Interpretation Act 1901, Part 2 of Schedule 18 to the amending
Act does not:

   (a)  affect the operation of Division 15 of Part 8 of this Act, before 1
        October 1997; or

   (b)  extinguish the amount of any debt due to the Commonwealth arising
        before 1 October 1997 that was outstanding at the start of that day;
        or

   (c)  prevent the recovery, on or after 1 October 1997, of any such
        outstanding amount.

(2) Sections 279A and 287 of this Act, as amended by the amending Act, apply
in relation to:

   (a)  debts arising on or after 1 October 1997; and

   (b)  the amounts of debts arising before that day that were outstanding at
        the start of that day.

(3) Section 289 of this Act, as amended by the amending Act, applies in
relation to debts arising before, on or after 1 October 1997.

(4) Despite section 8 of the Acts Interpretation Act 1901, if a legal
proceeding or an application for review of a decision:

   (a)  relates to, or otherwise involves, a provision of Division 15 of Part
        8 of this Act; and

   (b)  is not finally determined before 1 October 1997; the proceeding or
        application must, if continued, be determined as if it had been
        instituted on that day, and this Act, as amended by Schedule 18 to the
        amending Act, applies to the proceeding or application accordingly.

(5) In this clause: amending Act means the
Social Security Legislation Amendment (Budget  and Other Measures) Act 1996 .
[Minister's second reading speech made in-
House of Representatives on 12 September 1996
Senate on 16 October 1996]