Commonwealth Numbered Acts

SOCIAL SECURITY (REWRITE) TRANSITION ACT 1991 No. 70, 1991 - SCHEDULE 2

                             SCHEDULE 2                     Section 5

OTHER AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
OF A TRANSITIONAL NATURE Section 5 (6):
Add at the end the following Note: "Note 2: 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 23 (1) (definition
of "assurance of support debt"):
Insert "or section 129 of the 1947 Act" after "this Act". Subsection 23 (1)
(definition of "compensation debt"):
Insert "of this Act or subsection 153 (2) or (3) of the 1947 Act" after
"section 1166 or 1170". Section 1064 - Pension Rate Calculator A - point
1064-C8:
Add at the end the following Note: "Note: this point may not apply to a person
who has been receiving guardian allowances since 1 January 1990: see clause 30
in Schedule 1A.". Section 1064 - Pension Rate Calculator A - point 1064-E5:
Add at the end the following Note: "Note: this point may not apply to a person
who has been receiving additional free area since 1 January 1990: see clause
29 in Schedule 1A.". Section 1065 - Pension Rate Calculator B - point 1065-C7:
Add at the end the following Note: "Note: this point may not apply to a person
if the person has been receiving guardian allowance since 1 January 1990: see
clause 30 in Schedule 1A.". Section 1067 - Benefit Rate Calculator A - point
1067-B1:
Add at the end the following Note: "Note 7: if the person has been receiving
the benefit since 20 September 1990 and item 3 or item 4 applies to the
person, the person's maximum basic rate may be the amount specified in column
3A rather than the amount specified in column 3B: see clause 31 in Schedule
1A.". Section 1067 - Benefit Rate Calculator A - point 1067-E7:
Add at the end the following Note: "Note: this point may not apply to a person
if the person has been receiving guardian allowance since 1 January 1990: see
clause 30 in Schedule 1A.". Section 1068 - Benefit Rate Calculator B - point
1068-B1:
Add at the end the following Note: "Note 7: if the person has been receiving
the benefit since 20 September 1990 and item 6 or 8 applies to the person, the
person's maximum basic rate may be the amount specified in column 3A rather
than the amount specified in column 3B: see clause 31 in Schedule 1A.".
Section 1068 - Benefit Rate Calculator B - point 1068-E8:
Add at the end the following Note: "Note: this point may not apply to a person
if the person has been receiving guardian allowance since 1 January 1990: see
clause 30 in Schedule 1A.". Paragraph 1223 (1) (a):
Insert "or the 1947 Act" after "under this Act". Subparagraph 1223 (2) (b)
(ii):
Insert "or the 1947 Act" after "this Act". Paragraph 1224 (1) (a):
Insert "or the 1947 Act" after "under this Act". Subparagraph 1224 (1) (b)
(ii):
Insert "or the 1947 Act" after "this Act". Paragraph 1224 (1) (c):
Insert "of this Act or section 246 of the 1947 Act" after "section 1223".
Subsection 1226 (1):
Omit the subsection, substitute the following subsection:

"(1) If a person is liable to pay an amount to the Commonwealth because of:

   (a)  a notice by the Secretary under section 1174 of this Act or section
        154 of the 1947 Act (compensation payers); or

   (b)  a notice by the Secretary under section 1179 of this Act or section
        155 of the 1947 Act (insurers); the amount is a debt due to the
        Commonwealth and is recoverable by the Commonwealth by means of legal
        proceedings. Note 1: for `compensation payer' see subsection 17 (1).
        Note 2: for `legal proceedings' see section 1232.". After section
        1230:
Insert the following section in Part 5.2: Debt from failure before 1 July 1991
to comply with garnishee notice under the 1947 Act

"1230A. (1) If:

   (a)  a person (in this section called the `garnishee debtor') was given a
        notice under section 162 of the 1947 Act in respect of a debt due by
        another person (in this section called the `original debtor') under
        the 1947 Act; and

   (b)  the garnishee debtor failed to comply with the notice before 1 July
        1991 to the extent that he or she was capable of complying with it;
        then the amount of the debt outstanding (worked out under subsection
        (2)) is recoverable from the garnishee debtor by the Commonwealth by
        means of:

   (c)  legal proceedings; or

   (d)  garnishee notice. Note 1: for `legal proceedings' see section 1232.
        Note 2: for `garnishee notice' see section 1233.

"(2) The amount of the debt outstanding is the amount equal to:

   (a)  as much of the amount required by the notice under section 162 of the
        1947 Act to be paid by the garnishee debtor as the garnishee debtor
        was able to pay; or

   (b)  as much of the debt due by the original debtor at the time when the
        notice was given as remains due from time to time; whichever is the
        lesser.

"(3) If the Commonwealth recovers:

   (a)  the whole or a part of the debt due by the garnishee debtor under
        subsection (1); or

   (b)  the whole or a part of the debt due by the original debtor; then:

   (c)  both debts are reduced by the amount that the Commonwealth has so
        recovered; and

   (d)  the amount specified in the notice under section 162 of the 1947 Act
        is to be taken to be reduced by the amount so recovered.

"(4) A reference in subsection (3) to the Commonwealth recovering the whole or
a part of a debt includes a reference to the Commonwealth recovering, under
the 1947 Act, the whole or a part of the debt.

"(5) In this section: `person' includes:

   (a)  the Commonwealth; and

   (b)  a State; and

   (c)  a Territory; and

   (d)  any authority of the Commonwealth, a State or Territory.". Section
        1238:
Add at the end the following subsection:

"(2) 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.". Section 1245:
Add at the end the following subsection:

"(2) 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.". Section 1282:
Add at the end the following subsection:

"(2) 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.". Section 1322:
Repeal the section, substitute the following section: Social Security Appeals
Tribunal

"1322. (1) The Social Security Appeals Tribunal established under section 216
of the 1947 Act continues in existence.

"(2) The Social Security Appeals Tribunal consists of:

   (a)  a National Convener; and

   (b)  such number of senior members as are appointed in accordance with this
        Act; and

   (c)  such number of other members as are appointed in accordance with this
        Act.".