Social Security Point-in-Time Service Updates

The Social Security Point-in-Time Service has been updated to include the amendments from the Social Services Legislation Amendment (Miscellaneous Measures) Act 2016 (Act No. 46 of 2016) and the Omnibus Repeal Day (Autumn 2015) Act 2016 (Act No. 47 of 2016).

Act 46 of 2016

This Act introduces a number of minor ‘housekeeping’ amendments in the Social Services portfolio.

The amendments will correct technical errors and clarify intended policy by removing minor ambiguities and anomalies including:

• Clarify that people serving an income maintenance period for a mainstream income support payment cannot access special benefit
• Confirm the longstanding policy intent that special benefit, a payment for people in financial hardship due to circumstances beyond their control, should not be paid to a person who is serving an income maintenance period for a mainstream income support payment, due to receiving certain other payments, such as a termination payment or leave payment

Family tax benefit

• Aligns timeframes for meeting the family tax benefit reconciliation conditions and related amendments.
• Alters student payment eligibility criteria so that the requirements for new apprentice can be determined by the Minister in a legislative instrument. 
• Amends the definition of new apprentice in the Social Security Act to remove the requirement for a Commonwealth Registration Number, and alters the requirements for that definition so it can be determined by the Minister in a legislative instrument.
• Confirms that only one course of education is taken into account in assessing ‘undertaking full-time study’ or ‘undertaking qualifying study’ for student payments
• Confirms that students are only assessed against one course of education under the full-time study requirements of youth allowance (student) and the qualifying study requirements of austudy, and not against more than one course of part-time study during a single study period.
• Clarifies exemptions from the austudy payment assets test for people with a partner receiving a relevant payment
• Clarifies the policy intention relating to a person’s exemption from the austudy payment assets test if their partner is receiving or has received a relevant pension, benefit, allowance, compensation or has received lump sum compensation as an armed services widow or widower under the Military Rehabilitation Compensation Act 2004 in the past .

Other minor amendments

• in relation to the indexation of pharmaceutical allowance - simplify, consolidate, and remove inconsistencies and redundant provisions;
• clarify which components of newstart allowance are taken into account under the allowable income limits for the health care card;
• remove an administrative restriction in the family assistance delegation provisions; and
• correct cross-references and similar technical errors.

Act 47 of 2016

The Omnibus Repeal Day (Autumn 2015) Act 2016 (the Act) is a whole of government initiative to amend or repeal legislation across seven portfolios. The Act brings forward a range of non-controversial measures to reduce regulatory burden for business, families, individuals and the community sector that are not the subject of individual stand-alone acts.

The amendments made by Acts 46 and 47 of 2016 have been updated in the Point-in-Time Social Security Service current to 25 May 2016. (NB: Subscription required).

If you are not already a subscriber to this or other Point-in-Time Services then please contact us to find out more or to take a free trial.