Social Services Legislation Amendment (Family Assistance Alignment and Other Measures) Act 2016

No. 85, 2016

An Act to amend the law relating to family assistance and social security, and for related purposes

Contents

1 Short title 2

2 Commencement 2

3 Schedules 3

Schedule 1—Main amendments 4

A New Tax System (Family Assistance) (Administration) Act 1999 4

Social Services Legislation Amendment (Miscellaneous Measures) Act 2016 7

Schedule 2—Contingent amendments 9

A New Tax System (Family Assistance) (Administration) Act 1999 9

Schedule 3—Other amendments 10

Social Security Act 1991 10

Social Services Legislation Amendment (Family Assistance Alignment and Other Measures) Act 2016

No. 85, 2016

An Act to amend the law relating to family assistance and social security, and for related purposes

[Assented to 30 November 2016]

The Parliament of Australia enacts:
1 Short title

This Act is the Social Services Legislation Amendment (Family Assistance Alignment and Other Measures) Act 2016.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day after this Act receives the Royal Assent. 1 December 2016
2. Schedule 1 The day after this Act receives the Royal Assent. 1 December 2016
3. Schedule 2 At the same time as Part 3 of Schedule 3 to the Social Services Legislation Amendment (Family Payments Structural Reform and Participation Measures) Act 2016 commences. However, the provisions do not commence at all if that Part does not commence. Never commenced
4. Schedule 3 Immediately after the commencement of Part 3 of Schedule 1 to the Social Services Legislation Amendment (More Generous Means Testing for Youth Payments) Act 2015. 1 January 2017

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Main amendments

A New Tax System (Family Assistance) (Administration) Act 1999

 1 Subsection 107(1)

Omit “subsections (1A), (3A), (3B), (3C) and (3D)”, substitute “subsection (1AA)”.

 2 Subsection 107(1)

Omit all the words after “date of effect of the review decision”, substitute “is the first day of the period to which the original decision relates”.

 3 After subsection 107(1)

Insert:

(1AA) If:

then, despite subsection (1), the person cannot be paid any entitlement created or increased as mentioned in paragraph (1)(c) (including as a result of taking into account the FTB Part A supplement or the FTB Part B supplement) in relation to any day earlier than the cut-off day.

 a

paragraphs (1)(a), (b), (c) and (d) apply; and

 b

(b) the first day of the period to which the original decision relates is earlier than the first day (the cut-off day) of the income year before the income year in which the review decision was made;

 4 Subsection 107(1A)

Omit “Subsection (1) does not limit the date of effect of a review decision, in respect of an original decision that relates to the payment to a person of family tax benefit by instalment,”, substitute “Subsection (1AA) does not apply”.

 5 Subsections 107(3A), (3B), (3C) and (3D)

Omit “Subsection (1) does not limit the date of effect of a review decision, in respect of an original decision that relates to the payment to a person of family tax benefit by instalment,”, substitute “Subsection (1AA) does not apply”.

 6 Subsection 109E(1)

Omit all the words after “date of effect of the review decision”, substitute “is the first day of the period to which the original decision relates”.

 7 After subsection 109E(2)

Insert:

(2AA) If:

then, despite subsection (1), the person cannot be paid any entitlement created or increased as mentioned in paragraph (1)(d) (including as a result of taking into account the FTB Part A supplement or the FTB Part B supplement) in relation to any day earlier than the cut-off day.

 a

paragraphs (1)(a), (b), (c) and (d) apply; and

 b

(b) the first day of the period to which the original decision relates is earlier than the first day (the cut-off day) of the income year before the income year in which the application referred to in paragraph (1)(b) was made;

 8 Subsection 109E(2A)

Omit “Subsection (1) does not limit the date of effect of”, substitute “Subsection (2AA) does not apply in relation to”.

 9 After paragraph 109E(2A)(a)

Insert:

 aa

the original decision is not a decision made under subsection 105(4) (including because of the operation of section 105A) or 109A(2); and

 10 Subsection 109E(3)

Omit “Subsection (1) does not limit the date of effect of”, substitute “Subsection (2AA) does not apply in relation to”.

 11 Subsection 125(1)

Omit all the words after “date of effect of the decision of the AAT”, substitute “is the first day of the period to which the original decision relates”.

 12 At the end of section 125

Add:

then, despite subsection (1), the person cannot be paid any entitlement created or increased as mentioned in paragraph (1)(d) (including as a result of taking into account the FTB Part A supplement or the FTB Part B supplement) in relation to any day earlier than the cut-off day.

 3

If:

 a

paragraphs (1)(a), (b), (c) and (d) apply; and

 b

(b) the first day of the period to which the original decision relates is earlier than the first day (the cut-off day) of the income year before the income year in which the application referred to in paragraph (1)(b) was made;

 13 Application provisions

Secretary initiated review

Applicant initiated review

Review by Administrative Appeals Tribunal

Social Services Legislation Amendment (Miscellaneous Measures) Act 2016

 1

(1) The amendments made by items 1, 2, 3 and 5 apply in relation to a review decision made on or after the commencement of this Schedule, where the original decision (referred to in paragraph 107(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999) related to the payment of family tax benefit by instalment for a period that consists of, or is included in, the 2012-13 income year or a later income year.

 2

(2) The amendment made by item 4 applies in relation to a review decision made on or after the commencement of this Schedule, where the original decision (referred to in paragraph 107(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999) related to the payment of family tax benefit by instalment for a same-rate benefit period that consists of, or is included in, the 2015-16 income year or a later income year.

 3

(3) The amendments made by items 6, 7 and 10 apply in relation to a review decision made on or after the commencement of this Schedule, where the original decision (referred to in paragraph 109E(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999) related to the payment of family tax benefit by instalment for a period that consists of, or is included in, the 2012-13 income year or a later income year.

 4

(4) The amendments made by items 8 and 9 apply in relation to a review decision made on or after the commencement of this Schedule, where the original decision (referred to in paragraph 109E(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999) related to the payment of family tax benefit by instalment for a same-rate benefit period that consists of, or is included in, the 2015-16 income year or a later income year.

 5

(5) The amendments made by items 11 and 12 apply in relation to a decision of the Administrative Appeals Tribunal made on or after the commencement of this Schedule, where the original decision (referred to in paragraph 125(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999) related to the payment of family tax benefit by instalment for a period that consists of, or is included in, the 2012-13 income year or a later income year.

 14 Subitem 21(3) of Schedule 2

Omit “items 13 to 20”, substitute “items 13 and 15 to 20”.

 15 At the end of item 21 of Schedule 2

Add:

 4

The amendment made by item 14 applies in relation to:

 a

(a) a review decision made on or after the commencement of this Schedule and before the commencement of Schedule 1 to the Social Services Legislation Amendment (Family Assistance Alignment and Other Measures) Act 2016, where the original decision related to the payment of family tax benefit by instalment for a same-rate benefit period that consists of, or is included in, the income year in which this Schedule commences or a later income year; and

 b

(b) a review decision made on or after the commencement of Schedule 1 to the Social Services Legislation Amendment (Family Assistance Alignment and Other Measures) Act 2016, where the original decision related to the payment of family tax benefit by instalment for a same-rate benefit period that consists of, or is included in, the 2012-13 income year or a later income year.

 Contingent amendments

A New Tax System (Family Assistance) (Administration) Act 1999

 1 Subsection 107(1AA)

Omit “(including as a result of taking into account the FTB Part A supplement or the FTB Part B supplement)”.

 2 Subsection 109E(2AA)

Omit “(including as a result of taking into account the FTB Part A supplement or the FTB Part B supplement)”.

 3 Paragraph 109E(2A)(aa)

Omit “(including because of the operation of section 105A)”.

 4 Subsection 125(3)

Omit “(including as a result of taking into account the FTB Part A supplement or the FTB Part B supplement)”.

 5 Saving provisions 1

(1) Despite the amendments of sections 107 and 109E of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Schedule, those sections, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to review decisions made before, on or after that commencement.

 2

(2) Despite the amendment of subsection 125(3) of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Schedule, that subsection, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to decisions of the AAT made before, on or after that commencement.

 Other amendments

Social Security Act 1991

 1 Point 1067G-E1 (method statement, at the end of step 1)

Add “and then dividing the result by 26”.

 2 Application provision

The amendment made by this Schedule applies in relation to working out rates of youth allowance for days on or after 1 January 2017.

[Minister’s second reading speech made in—

House of Representatives on 20 October 2016

Senate on 22 November 2016]

(161/16)