Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008 (131 of 2008)

Schedule 1   Economic security strategy payments under the Social Security Act

Social Security Act 1991

1   After Part 2.16

Insert:

Part 2.17 - Economic security strategy payment

900 Qualification for economic security strategy payment

Qualified if this section applies

(1) A person is qualified for an economic security strategy payment if subsection (2), (3) or (4) applies to the person.

Receipt of certain payments

(2) This subsection applies to a person if:

(a) the person was receiving one of the following payments in respect of 14 October 2008:

(i) an age pension;

(ii) a disability support pension;

(iii) a wife pension;

(iv) a carer payment;

(v) a bereavement allowance;

(vi) a widow B pension;

(vii) a widow allowance;

(viii) partner allowance;

(ix) carer allowance; and

(b) except in the case of carer allowance, the person was receiving that payment because of a claim the person made on or before 14 October 2008.

Note: For receive see subsections 23(2) and (4).

Pension age and receipt of other payments

(3) This subsection applies to a person if:

(a) the person reached pension age on or before 14 October 2008; and

(b) the person was receiving one of the following payments in respect of 14 October 2008:

(i) a parenting payment;

(ii) austudy payment;

(iii) special benefit;

(iv) a payment under the ABSTUDY Scheme that includes an amount identified as living allowance; and

(c) the person was receiving that payment because of a claim the person made on or before 14 October 2008.

Note: For receive see subsections 23(2) and (4).

Qualified for seniors health card

(4) This subsection applies to a person if:

(a) on or before 14 October 2008, the person made a claim for a seniors health card under Division 1 of Part 3 of the Administration Act and had not withdrawn that claim on or before 14 October 2008; and

(b) on 14 October 2008, the person was qualified for the card.

One payment under this section only

(5) A person cannot receive more than one payment under this section, regardless of how many times the person qualifies under this section.

(6) Despite anything else in this section, a person who is eligible for a payment under section 118ZZQ of the Veterans' Entitlements Act is not qualified for a payment under this section unless the person is so qualified because he or she was receiving carer allowance in respect of 14 October 2008.

901 Amount of economic security strategy payment - general

(1) The amount of a person's economic security strategy payment under this Part is the amount, specified in column 3 of the following table, that corresponds to the family situation, specified in column 2 of the table, that applied to the person on 14 October 2008:

Note: For member of couple , partnered , illness separated couple , respite care couple and partnered (partner in gaol) see section 4.

(2) However, this section does not apply to a person if he or she is qualified under section 900 for an economic security strategy payment because he or she was receiving carer allowance in respect of 14 October 2008.

902 Amount of economic security strategy payment - person receiving carer allowance

(1) If a person:

(a) is qualified under section 900 for an economic security strategy payment because he or she was receiving carer allowance in respect of 14 October 2008; and

(b) would not be so qualified if he or she had not been receiving carer allowance in respect of 14 October 2008;

the amount of the person's economic security strategy payment under this Part is the amount worked out under subsection (3) for the person's carer allowance.

(2) If a person:

(a) is qualified under section 900 for an economic security strategy payment because he or she was receiving carer allowance in respect of 14 October 2008; and

(b) would be so qualified even if he or she had not been receiving carer allowance in respect of 14 October 2008;

the amount of the person's economic security strategy payment under this Part is the sum of the amount worked out under subsection (3) for the person's carer allowance and the amount that would have been worked out under section 901 for the person if subsection 901(2) had not applied.

(3) Subject to subsection (4), the amount for a person's carer allowance is worked out by adding together the amount applicable under this section for each person ( care receiver ) whose care qualified the person for carer allowance in respect of 14 October 2008.

(4) If subsection 953(2) applied in relation to the carer allowance in respect of 14 October 2008, the 2 disabled children whose care qualified the person for carer allowance in respect of 14 October 2008 are to be treated as if they were a single care receiver in relation to the person qualified for the economic security strategy payment.

(5) Subject to subsection (6), the amount applicable for a care receiver is $1,000.

(6) If the rate at which carer allowance in respect of 14 October 2008 was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to a care receiver, the amount applicable for the care receiver is that share of $1,000.