Social Services Legislation Amendment (Welfare Reform) Act 2018 (26 of 2018)
Schedule 3 Cessation of wife pension
Social Security Act 1991
25 At the end of Division 4 of Part 2.12
Add:
654 Rate of jobseeker payment for former recipients of wife pension
(1) This section applies if:
(a) a woman was receiving wife pension under Part 2.4 immediately before 20 March 2020; and
(b) the Secretary makes a determination under section 12 of the Administration Act that the woman is taken to have made a claim for jobseeker payment because the woman became qualified for that payment immediately after ceasing to receive wife pension.
(2) The Secretary must, in determining the claim, disregard section 611.
(3) Subject to this section, if:
(a) the Secretary determines that the claim is to be granted; and
(b) as a result of that determination and disregarding section 611, jobseeker payment is payable to the woman on a day (a transition day ) on or after 20 March 2020;
the woman's jobseeker payment rate on the transition day is worked out in accordance with the following method statement:
Method statement
Step 1. Work out the woman's jobseeker payment rate on the transition day in accordance with sections 643 and 644AAA.
Step 2. Work out the woman's wife pension transition rate on the transition day.
Note: See subsection (4) for the wife pension transition rate.
Step 3. If the rate at step 2 exceeds the rate at step 1, the woman's jobseeker payment rate on the transition day is the rate at step 2.
Step 4. If the rate at step 2 does not exceed the rate at step 1, the woman's jobseeker payment rate on the transition day is the rate at step 1.
(4) The woman's wife pension transition rate on a transition day is the rate worked out in accordance with section 655 or 656.
(5) If, for a period of 42 consecutive days, the following apply:
(a) the woman's jobseeker payment rate is the rate at step 1 of the method statement in subsection (3);
(b) if section 611 had applied in relation to the woman throughout that period, the value of the woman's assets throughout that period is less than or equal to the woman's asset value limit under that section;
then for any day after the end of that period:
(c) section 611 applies in relation to the woman; and
(d) the woman's jobseeker payment rate is to be worked out in accordance with sections 643 and 644AAA (and not under this section).
(6) If, on a day (the cessation day ) on or after 20 March 2020, the woman would not have qualified for a wife pension if Part 2.4 (as in force immediately before 20 March 2020) were still in force on the cessation day, then on and after the cessation day:
(a) section 611 applies in relation to the woman; and
(b) the woman's jobseeker payment rate is to be worked out in accordance with sections 643 and 644AAA (and not under this section).
655 Wife pension transition rate - method 1
(1) A woman's wife pension transition rate on a day is worked out in accordance with this section if:
(a) on 19 March 2020, there was no reduction under step 5 of the method statement in point 1064-A1, and there was no reduction under step 9 of that method statement, in relation to the woman's rate of wife pension on that day; and
(b) assuming the woman were receiving newstart allowance on each day in the period starting on 6 February 2020 and ending at the end of 19 March 2020, there would have been no reduction under step 5 of the method statement in point 1068-A1 on any day in that period.
(2) The woman's wife pension transition rate on a day is the rate that would have been the woman's rate of wife pension on that day under Module A of the Pension Rate Calculator A in section 1064 if the woman had been receiving wife pension on that day.
(3) However, subsection (2) applies with the following modifications:
(a) in working out the amount at step 1 of the method statement in point 1064-A1, assume each amount in the table in point 1064-B1 were that amount as at 19 March 2020;
(b) in working out the amount at step 1A of the method statement in point 1064-A1:
(i) assume the combined couple rate of pension supplement were that amount as at 19 March 2020; and
(ii) assume the combined couple rate of minimum pension supplement were that amount as at 19 March 2020;
(c) assume the amount at step 5 of the method statement in point 1064-A1 were the amount worked out at step 5 of the method statement in point 1068-A1, multiplied by 26;
(d) in working out the amount at step 9 of the method statement in point 1064-A1, assume each amount in the table in point 1064-G3 were that amount as at 19 March 2020.
656 Wife pension transition rate - method 2
(1) A woman's wife pension transition rate on a day is worked out in accordance with this section if:
(a) on 19 March 2020, there was a reduction under either or both of steps 5 and 9 of the method statement in point 1064-A1 in relation to the woman's rate of wife pension on that day; or
(b) assuming the woman were receiving newstart allowance on each day in the period starting on 6 February 2020 and ending at the end of 19 March 2020, there would have been a reduction under step 5 of the method statement in point 1068-A1 on at least one day in that period.
(2) The woman's wife pension transition rate on a day is the rate that would have been the woman's rate of wife pension on that day under Module A of the Pension Rate Calculator A in section 1064 if the woman had been receiving wife pension on that day.
(3) However, subsection (2) applies with the following modifications:
(a) in working out the amount at step 1 of the method statement in point 1064-A1, assume each amount in the table in point 1064-B1 were that amount as at 19 March 2020;
(b) in working out the amount at step 1A of the method statement in point 1064-A1:
(i) assume the combined couple rate of pension supplement were that amount as at 19 March 2020; and
(ii) assume the combined couple rate of minimum pension supplement were that amount as at 19 March 2020;
(c) in working out the amount at step 5 of the method statement in point 1064-A1, assume each amount in the table in point 1064-E4 were that amount as at 19 March 2020;
(d) in working out the amount at step 9 of the method statement in point 1064-A1, assume each amount in the table in point 1064-G3 were that amount as at 19 March 2020.
(4) For the purposes of this section, take into account clause 146 of Schedule 1A as in force immediately before 20 March 2020. However, in taking that clause into account, assume each amount referred to in subparagraph 146(4)(a)(i) of Schedule 1A were that amount as at 19 March 2020.