Social Services Legislation Amendment (Simplifying Student Payments) Act 2017

No. 24, 2017

Compilation No. 1

Compilation date: 28 March 2018

Includes amendments up to: Act No. 22 of 2018

Registered: 6 April 2018

About this compilation

This compilation

This is a compilation of the Social Services Legislation Amendment (Simplifying Student Payments) Act 2017 that shows the text of the law as amended and in force on 28 March 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Short title 2

2 Commencement 2

3 Schedules 2

Schedule 1—Means testing for social security benefits 3

Part 1—Youth allowance and austudy payment assets test 3

Social Security Act 1991 3

Part 2—Means test treatment of private companies and private trusts 4

Social Security Act 1991 4

Part 3—Treatment of periodic gifts or allowances from family members 5

Social Security Act 1991 5

Part 4—Parental income test for youth allowance 6

Social Security Act 1991 6

Schedule 2—Health care cards 7

Social Security Act 1991 7

Schedule 3—Remoteness Structure 8

Social Security Act 1991 8

Schedule 4—Independent test for youth allowance and scholarship payments for students 10

Social Security Act 1991 10

Endnotes 12

Endnote 1—About the endnotes 12

Endnote 2—Abbreviation key 14

Endnote 3—Legislation history 15

Endnote 4—Amendment history 16

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

1 Short title

This Act is the Social Services Legislation Amendment (Simplifying Student Payments) Act 2017.

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 this Act receives the Royal Assent.	4 April 2017
2. Schedule 1	The first 1 January or 1 July to occur after the day this Act receives the Royal Assent.	1 July 2017
3. Schedule 2	1 January 2019.	1 January 2019
4. Schedule 3	As follows: (a) if this Act receives the Royal Assent before 1 January 2017—1 January 2017; (b) if this Act receives the Royal Assent on or after 1 January 2017—the first 1 January or 1 July to occur after the day this Act receives the Royal Assent.	1 July 2017 (paragraph (b) applies)
5. Schedule 4	As follows: (a) if this Act receives the Royal Assent before 1 January 2018—1 January 2018; (b) if this Act receives the Royal Assent on or after 1 January 2018—the first 1 January or 1 July to occur after the day this Act receives the Royal Assent.	1 January 2018 (paragraph (a) applies)

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.

Means testing for social security benefits

Social Security Act 1991

1 Subsection 547B(1)

Repeal the subsection.

2 Subsection 547B(2)

Omit “(2)”.

3 Sections 573 and 573A

Repeal the sections, substitute:

573 Austudy payment not payable if assets value limit exceeded

An austudy payment is not payable to a person if the value of the person’s assets is more than the person’s assets value limit.

Note: For assets value limit see section 573B.

4 Application provisions 1

The amendment made by item 1 applies in relation to working out whether youth allowance is payable to a person in respect of days occurring on or after the commencement of that item.

2

The amendment made by item 3 applies in relation to working out whether an austudy payment is payable to a person in respect of days occurring on or after the commencement of that item.

Social Security Act 1991

5 Paragraph 547D(a)

Omit “and Part 3.18”.

6 Paragraph 547D(b)

Omit “(disregarding Part 3.18)”.

7 Section 547D

Omit “Section 547E applies for the purpose of working out the value of the assets of the person and of any other person who is the partner of the person.”.

8 Section 547E

Repeal the section.

9 Section 573C

Omit “Section 573D applies for the purpose of working out the value of the person’s assets and of his or her partner (if any).”.

10 Section 573D

Repeal the section.

11 Application provisions 1

The amendments made by items 5 to 8 apply in relation to working out whether youth allowance is payable to a person in respect of days occurring on or after the commencement of those items.

2

The amendments made by items 9 and 10 apply in relation to working out whether an austudy payment is payable to a person in respect of days occurring on or after the commencement of those items.

Social Security Act 1991

12 Paragraph 8(8)(z) (note)

Repeal the note.

13 Point 1067G-H21

Repeal the point.

14 Point 1067L-D17

Repeal the point.

15 Point 1068-G5

Repeal the point.

16 Point 1068B-D5

Repeal the point.

17 Application provision

The amendments made by this Part apply in relation to working out the rate of social security benefits in respect of days occurring on or after the commencement of this item.

Social Security Act 1991

18 After paragraph 1067G-F10(d)

Insert:

da

the parent’s tax free pensions or benefits for that year (worked out in accordance with clause 7 of Schedule 3 to the Family Assistance Act);

19 Application provision

The amendment made by this Part applies in relation to working out a person’s eligibility for, or amount of, youth allowance for a day that is on or after the commencement of this item.

Health care cards

Social Security Act 1991

1 Subsection 1061ZK(5)

Repeal the subsection, substitute:

5

This section applies to a person (other than a person who is qualified for a pensioner concession card because of subsection 1061ZA(2A), (2B) or (2D)) on a day if on that day the person is receiving:

a

a youth allowance; or

b

an austudy payment; or

c

a newstart allowance; or

d

a partner allowance; or

e

a widow allowance; or

f

benefit PP (partnered); or

g

sickness allowance; or

h

special benefit.

6

This section applies to a person on a day if on that day:

a

the person is receiving a payment under the ABSTUDY Scheme that includes an amount identified as living allowance, where the person satisfies the eligibility criteria for that payment; or

b

another person, on behalf of the person, is receiving a payment under the ABSTUDY Scheme that includes an amount identified as living allowance.

2 Application provision

The amendment made by this Schedule applies in relation to working out if a person is qualified for a health care card for a day that is on or after the commencement of this item.

Remoteness Structure

Social Security Act 1991

1 Subsections 1067A(10F) to (10H)

Repeal the subsections, substitute:

10F

(10F) For the purposes of paragraph (10E)(a), Remoteness Structure means the Remoteness Structure described in:

a

the document titled “Australian Statistical Geography Standard (ASGS): Volume 5 - Remoteness Structure, July 2011”, published by the Australian Statistician and as amended from time to time; or

b

any replacement document that is published by the Australian Statistician and that is in effect in accordance with subsection (10G); or

c

any document that is determined by the Secretary in an instrument under subsection (10H) and that is in effect in accordance with subsection (10J).

10G

If a replacement document mentioned in paragraph (10F)(b) is published by the Australian Statistician:

a

the replacement document takes effect on the first 1 January or 1 July to occur after the day of that publication and then has effect as amended from time to time; and

b

the document in effect immediately before that publication is taken to continue to have effect until the end of the day before that 1 January or 1 July.

10H

The Secretary may, by notifiable instrument, determine a document for the purposes of paragraph (10F)(c). The Secretary may do so only if the Australian Statistician has notified the Secretary that the Australian Statistician will no longer be publishing replacement documents mentioned in paragraph (10F)(b).

10J

A document determined in an instrument under subsection (10H) takes effect on the day specified in the determination and then has effect as amended from time to time.

2 Application provision

The amendment made by this Schedule applies in relation to:

a

working out a person’s qualification for, or the rate of, youth allowance for a day that is on or after the commencement of this item; and

b

working out a person’s qualification for a relocation scholarship payment at a time that is on or after the commencement of this item and, if the person is so qualified, the amount of the relocation scholarship payment.

Independent test for youth allowance and scholarship payments for students

Social Security Act 1991

1 Paragraph 1067A(10)(c)

Before “a period or periods”, insert “for the purposes of Parts 3.4A, 3.4B and 3.7, except section 1070G—”.

2 At the end of subsection 1067A(10)

Add:

; or (d) for the purposes of Parts 2.11 and 2.11B, this Part and section 1070G—a period or periods of employment over a 14 month period since the person last left secondary school, earning the person at least the equivalent of 75% of:

that applied at the start of the period of employment.

i

the maximum rate of pay under Wage Level A of a transitional Australian Pay and Classification Scale or modern award generally applicable to trainees; or

ii

that maximum rate as varied or replaced from time to time by the Fair Work Commission;

3 Subsection 1067A(10A)

Omit “Paragraphs (10)(b) and (c)”, substitute “Paragraphs (10)(b) and (d)”.

4 Subsection 1067A(10A)

After “Part 2.11”, insert “or 2.11B”.

5 Subsection 1067A(10A)

Omit “(10B), (10C) or”.

6 Subsections 1067A(10B) to (10D)

Repeal the subsections.

7 Application provisions 1

The amendments made by this Schedule apply in relation to:

a

subject to subitem (2), working out qualification for, or the rate of, youth allowance in relation to days occurring on or after 1 January 2018; and

b

working out whether a person is qualified for a relocation scholarship payment at a time on or after 1 January 2018.

2

(2) The amendments made by this Schedule, so far as they relate to youth allowance, do not apply in relation to a person who, in respect of a day before the day the Social Services Legislation Amendment (14-month Regional Independence Criteria) Act 2018 receives the Royal Assent:

a

receives youth allowance because of a claim made before 1 January 2018; and

b

receives the youth allowance at a rate worked out on the basis that the person is independent; and

c

(c) is independent because of paragraph 1067A(10)(c) of the Social Security Act 1991 as in force immediately before 1 January 2018.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history