Explanatory Memorandum
(Circulated by the authority of the Minister for Families, Housing, Community Services and Indigenous Affairs, the Hon Jenny Macklin MP)Schedule 2 - Technical amendments removing references to benefits that no longer exist
Summary
This Schedule makes technical amendments to the Social Security Act, the Income Tax Assessment Act, the Safety, Rehabilitation and Compensation Act and the Veterans' Entitlements Act to repeal redundant references to disability wage supplement and rehabilitation allowance, which are no longer paid under the social security law.
Background
Disability wage supplement
The Social Security and Veterans' Affairs Legislation Amendment (Family and Other Measures) Act 1997 repealed Part 2.9 of the Social Security Act, which contained the qualification provisions for disability wage supplement, and removed most references to disability wage supplement. That Act subsumed disability wage supplement into disability support pension. However, some redundant references to disability wage supplement remain in the social security law.
Rehabilitation allowance
Rehabilitation allowance was phased out as part of the Disability Reform Package in 1991. The Social Security (Disability and Sickness Support) Amendment Act 1991 phased out rehabilitation allowance and amended the Social Security Act. Persons granted a rehabilitation allowance immediately before the changes continued to receive the allowance for the period of their involvement with the relevant rehabilitation program but no new grants have been made since 12 November 1991. The Family and Community Services Legislation Amendment Act 2000 removed the rehabilitation allowance savings provisions and repealed clause 35 of Schedule 1A to the Social Security Act and most references to rehabilitation allowance. However, some references remain in the Social Security Act, as well as in the Income Tax Assessment Act, the Safety, Rehabilitation and Compensation Act and the Veterans' Entitlements Act.
Effect of amendments
The amendments made by this Schedule do not affect the operation of the Social Security Act, the Income Tax Assessment Act, the Safety, Rehabilitation and Compensation Act or the Veterans' Entitlements Act, as the amendments in the Act are purely technical in nature. References to disability wage supplement and rehabilitation allowance need to be preserved in paragraphs (ba) and (j) of the definition of former payment type in section 17 of the Social Security Act to ensure the correct operation of the definition.
The amendments made by this Schedule commence on the day on which this Act receives Royal Assent.
Explanation of the changes
Disability wage supplement and rehabilitation allowance
Amendments to the Income Tax Assessment Act
Items 1 to 5 deal with the repeal of the now redundant term rehabilitation allowance from the Income Tax Assessment Act, and the resulting consequential amendments.
Item 2 repeals subparagraph 102AC(2)(c)(iii). Item 1 is consequential to item 2 .
Item 4 repeals paragraph (b) of the definition of invalid relative in subsection 159J(6). Item 3 is consequential to item 4 .
Item 5 repeals subsection 159L(6).
Amendments to the Safety, Rehabilitation and Compensation Act
Item 6 repeals subsection 37(6) of the Safety, Rehabilitation and Compensation Act, which is redundant as it relates solely to rehabilitation allowance.
Amendments to the Social Security Act
Items 7 to 39 deal with the repeal of the two redundant terms disability wage supplement and rehabilitation allowance from the Social Security Act, and the resulting consequential amendments.
Item 7 amends the definition of pensioner couple in subsection 9(1) by omitting 'income support supplement or a rehabilitation allowance' and substituting 'or income support supplement.'
Item 8 repeals paragraph (ga) of the definition of social security pension in subsection 23(1).
Item 9 is a separate technical numbering amendment.
Item 10 repeals paragraph 147(1)(b) and substitutes a new paragraph (b), omitting reference to disability wage supplement and rehabilitation allowance.
Item 11 is a separate technical numbering amendment.
Item 12 amends paragraph 186(1)(d) by omitting 'disability wage supplement or rehabilitation allowance'.
Item 13 repeals table item 6 in section 573A.
Item 14 repeals the heading to Division 2 of Part 2.13A and substitutes a new heading, 'Division 2 - Recipients of disability support pension.'
Items 15, 16, 17 and 18 omit references to rehabilitation allowance from subparagraph 771HA(1)(c)(i), paragraphs 771NU(1)(e) and 3(e), the note to step 4 of the method statement in subsection 771NX(1), and subsection 771NX(6) respectively.
Item 20 repeals paragraph 1061PJ(2)(h). Item 19 is consequential to item 20 .
Item 21 omits 'or disability wage supplement' in paragraph 1064(1)(b). The heading to section 1064 is amended by omitting 'and of disability wage supplement'.
Item 22 omits 'or to a person's disability wage supplement' in subsection 1064(2).
Item 23 repeals subparagraphs 1064(5)(b)(vi), 1064(6)(b)(iv) and 1064(7)(b)(vi). The headings to sections 1065 and 1066B are amended by omitting 'and of disability wage supplement'.
Item 24 repeals subparagraph 1067F(1)(d)(ix).
Items 25 and 26 omit 'income support supplement or a rehabilitation allowance' and substitute 'or income support supplement' at point 1067G-H2 and paragraph 1067G-H27(b).
Item 27 repeals table item 10 in Module L of the Youth Allowance Rate Calculator in section 1067G.
Item 28 repeals subparagraph 1067K(1)(d)(viii).
Items 29, 30, 31 and 32 omit 'income support supplement or a rehabilitation allowance' and substitute 'or income support supplement' at point 1067L-D2, paragraph 1067L-D26(b), point 1068-G2 and paragraph 1068-G10(b).
Item 34 repeals subparagraph 1133(1)(a)(viii). Item 33 is consequential to item 34 .
Item 36 repeals subparagraph 1133(2)(a)(vii). Item 35 is consequential to Item 36 .
Item 37 omits 'or allowance' from paragraph 1133(2)(b).
Items 38 and 39 omit 'or the disability wage supplement' and 'or disability wage supplement' in paragraphs 1184L(2)(b) and 1184L(2)(c) respectively.
Amendments to the Veterans' Entitlements Act
Items 40 to 49 deal with the removal of the redundant term rehabilitation allowance from the Veterans' Entitlements Act, and the resulting consequential amendments.
Item 40 repeals the note to the definition of partnered ( partner getting pension ) in subsection 5E(1).
Item 41 repeals the note to subsection 5E(5).
Item 42 repeals paragraph (i) of the definition of child in subsection 5F(1).
Item 43 repeals subparagraph 5H(8)(w)(viii).
Items 44, 45 and 46 repeal the notes to section 36C, section 37C and subsection 38C(1) and substitute new notes omitting reference to rehabilitation allowance.
Item 47 omits '(other than a rehabilitation allowance)' from subparagraph 58N(a)(iv).
Item 48 repeals note 1 to point SCH6-C5. Item 49 is consequential to
item 48 .