Explanatory Memorandum
(Circulated by authority of the Minister for Family and Community Services, Senator the Honourable Jocelyn Newman)Schedule 5 - Youth allowance and the student financial supplement scheme
1. Summary of proposed changes
This Schedule amends legislation other than the Social Security Act 1991 (the Social Security Act) to reflect the new placement and structure of the student financial supplement scheme provisions (see Schedule 2 to this Bill) and as a minor consequence of the commencement of youth allowance.
2. Background
This Schedule is strictly technical, as indicated under 1 above.
3. Clauses and Schedule involved in the changes
| Clause 2: | provides the commencement rules for this Schedule. |
| Clause 3: | provides that each Act that is specified in this Schedule is amended as set out in the Schedule. |
| Schedule 5 - Youth allowance and the student financial supplement scheme | |
| Part 1 - Amendments commencing on Royal Assent | |
| Data-matching Program (Assistance and Tax) Act 1990 | |
| Item 1: | repeals paragraph (cb) of the definition of personal assistance in subsection 3(1) and substitutes a new paragraph. |
| Income Tax Assessment Act 1936 | |
| Item 2: | repeals paragraphs (a) and (b) of the definition of FS assessment debt in subsection 163B(10) and substitutes new paragraphs. |
| Item 3: | repeals paragraph 202(ha) and substitutes a new paragraph. |
| Item 4: | repeals paragraphs (a) and (b) of the definition of FS assessment debt in subsection 221ZY(1) and substitutes new paragraphs. |
| Taxation (Interest on Overpayments and Early Payments) Act 1983 | |
| Item 5: | repeals paragraphs (a) and (b) of the definition of FS assessment debt in subsection 3(1) and substitutes new paragraphs. |
| Part 2 - Amendments commencing on 1 July 1998 | |
| Farm Household Support Act 1992 | |
| Item 6: | repeals paragraph 24A(1)(a) and substitutes a new paragraph. |
| Item 7: | amends paragraph (b) of the definition of income support payment rate in subsection 24A(1A). |
| Item 8: | repeals paragraph 24B(1)(a) and substitutes a new paragraph. |
| Item 9: | amends paragraph (b) of the definition of income support payment rate in subsection 24B(2). |
| Taxation Administration Act 1953 | |
| Item 10: | repeals paragraph 8WA(1)(b) and substitutes a new paragraph. |
| Item 11: | amends paragraphs 8WB(1)(d) and (e). |
| Part 3 - Amendment commencing on 1 July 1999 | |
| Taxation Administration Act 1953 | |
| Item 12: | repeals the definition of FS assessment debt in section 8AAZA and substitutes a new definition. |
4. Explanation of the changes
Items 1, 2, 3, 4, 5, 10, 11 and 12 are all to reflect in relevant data-matching and tax legislation the new structure and location of the provisions relating to the student financial supplement scheme provided by the Social Security Act. Those provisions have been relocated by Schedule 2 to this Bill from a disallowable instrument under the Social Security Act into the Act itself. Item 12 amends a provision introduced in the Taxation Laws Amendment (No. 5) Bill 1998, and so this amendment is expressed as an amendment to the yet to be enacted provision.
Items 6, 7, 8 and 9 make minor amendments to the farm household support legislation as a consequence of the commencement of youth allowance. Youth allowance is being reflected, alongside newstart allowance in that legislation, as a determinant of the rate of exceptional circumstances relief payment and restart income support, now that the younger newstart allowance group is covered by the youth allowance provisions.
5. Commencement
The amendments in this Schedule will commence on Royal Assent or on such other date as is specified in the heading of the Part in which they appear.