Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT (FAMILY MEASURES) ACT 1995 No. 106, 1995 - SCHEDULE 9

                         SCHEDULE 9                       Section 3

AMENDMENT OF THE HEALTH INSURANCE ACT 1973 IN RELATION TO
FAMILY PAYMENT
1. Subsection 3(1) (subparagraph (d)(ii) of the definition of dependant):
Omit "who is an AFP child (within the meaning of that Act)", substitute "in
respect of whom the person is receiving family payment at a rate that is more
than the minimum family payment rate".
2. Subsection 3(1) (definition of dependant):
Add at the end the following Note:

"Note: For minimum family payment rate see subsection 6(1) of the Social
Security Act 1991.".
3. Subsection 5EA(1A):
Omit.
4. After subsection 5EA(2A):
Insert:

"(2AA) If:

   (a)  a person was a disadvantaged person immediately before 1 January 1996
        because of subsection (2A); and

   (b)  the person ceased to receive additional family payment immediately
        before that day only because of the repeal of Part 3.7 of the Social 
        Security Act 1991 ; and

   (c)  family payment is payable to the person on that day at a rate that is
        more than the person's minimum standard family payment rate; and

   (d)  the person or the person's partner is not receiving a pension, benefit
        or allowance under that Act on that day; the person is a disadvantaged
        person in respect of the period beginning on 1 January 1996 and ending
        on whichever is the earlier of:

   (e)  the day on which:

        (i)    family payment ceases to be payable to the person; or

        (ii)   the rate at which family payment is payable to the person falls
               to or below the person's minimum standard family payment rate;
               or

   (f)  the day on which the person or the person's partner starts to receive
        a pension, benefit or allowance under that Act.".
5. After subsection 5EA(2B): Insert:

"(2BA) If:

   (a)  a person was a disadvantaged person immediately before 1 January 1996
        because of subsection (2B); and

   (b)  the person ceased to receive additional family payment immediately
        before that day only because of the repeal of Part 3.7 of the Social 
        Security Act 1991 ; and

   (c)  family payment is payable to the person on that day at a rate that is
        more than the person's minimum standard family payment rate; and

   (d)  the person or the person's partner is receiving payments under a
        prescribed educational scheme on that day; the person is a
        disadvantaged person in respect of the period beginning on 1 January
        1996 and ending on whichever is the earlier of:

   (e)  the day on which:

        (i)    family payment ceases to be payable to the person; or

        (ii)   the rate at which family payment is payable to the person falls
               to or below the person's minimum standard family payment rate;
               or

   (f)  the day on which the person or the person's partner starts to receive
        a pension, benefit or allowance under that Act.".
6. Subsection 5EA(3):
Omit "or (2B)", substitute ", (2AA), (2B) or (2BA)".
7. After subsection 5EA(5A):
Insert:

"(5AA) If:

   (a)  a person was a disadvantaged person immediately before 1 January 1996
        because of subsection (5A); and

   (b)  the person ceased to receive additional family payment at the AFP
        maximum payment rate immediately before that day only because of the
        repeal of Part 3.7 of the Social Security Act 1991; and

   (c)  family payment at the maximum family payment rate is payable to the
        person on that day; and

   (d)  the person or the person's partner is not receiving a pension, benefit
        or allowance under that Act on that day; the person is a disadvantaged
        person in respect of the period beginning on 1 January 1996 and ending
        on whichever is the earlier of:

   (e)  the day on which family payment at the maximum family payment rate
        ceases to be payable to the person; or

   (f)  the day on which the person or the person's partner starts to receive
        a pension, benefit or allowance under that Act.".
8. After subsection 5EA(5B):
Insert:

"(5BA) If:

   (a)  a person was a disadvantaged person immediately before 1 January 1996
        because of subsection (5B); and

   (b)  the person ceased to receive additional family payment at the AFP
        maximum payment rate immediately before that day only because of the
        repeal of Part 3.7 of the Social Security Act 1991; and

   (c)  family payment at the maximum family payment rate is payable to the
        person on that day; and

   (d)  the person or the person's partner is receiving payments under a
        prescribed educational scheme on that day; the person is a
        disadvantaged person in respect of the period beginning on 1 January
        1996 and ending on whichever is the earlier of:

   (e)  the day on which family payment at the maximum family payment rate
        ceases to be payable to the person; or

   (f)  the day on which the person or the person's partner starts to receive
        a pension, benefit or allowance under that Act.".
9. After subsection 5EA(5D):
Insert:

"(5DA) If:

   (a)  a person was a disadvantaged person immediately before 1 January 1996
        because of subsection (5D); and

   (b)  the person ceased to receive additional family payment at the AFP
        maximum payment rate immediately before that day only because of the
        repeal of Part 3.7 of the Social Security Act 1991; and

   (c)  family payment at the maximum family payment rate is payable to the
        person on that day; and

   (d)  the person or the person's partner is not receiving a pension, benefit
        or allowance under that Act on that day; the person is a disadvantaged
        person in respect of the period beginning on 1 January 1996 and ending
        on whichever is the earlier of:

   (e)  the day on which family payment at the maximum family payment rate
        ceases to be payable to the person; or

   (f)  the day on which the person or the person's partner starts to receive
        a pension, benefit or allowance under that Act.".
10. After subsection 5EA(5F):
Insert:

"(5FA) If:

   (a)  a person was a disadvantaged person immediately before 1 January 1996
        because of subsection (5F); and

   (b)  the person ceased to receive additional family payment at the AFP
        maximum payment rate immediately before that day only because of the
        repeal of Part 3.7 of the Social Security Act 1991; and

   (c)  family payment at the maximum family payment rate is payable to the
        person on that day; and

   (d)  the person is receiving payments under a prescribed educational scheme
        on that day; the person is a disadvantaged person in respect of the
        period beginning on 1 January 1996 and ending on whichever is the
        earlier of:

   (e)  the day on which family payment at the maximum family payment rate
        ceases to be payable to the person; or

   (f)  the day on which the person or the person's partner starts to receive
        a pension, benefit or allowance under that Act.".
11. Subsection 5EA(6):
Insert:

"family payment means family payment paid under the Social Security Act  1991
on or after 1 January 1996. maximum family payment rate means a rate of family
payment:

   (a)  to which the family payment income test in Submodule 3 of Module H of
        the Family Payment Rate Calculator in section 1069 of the
        Social Security  Act 1991 applies; and

   (b)  which has not been reduced under that test.".