House of Representatives

Explanatory Memorandum

(Circulated by the authority of the Minister for Social Services, the Hon Christian Porter MP)

Outline

This Bill 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.

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

Align timeframes for meeting the family tax benefit reconciliation conditions and related amendments.

Alter 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

Confirm 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.

Clarify exemptions from the austudy payment assets test for people with a partner receiving a relevant payment

Clarify 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

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in relation to the indexation of pharmaceutical allowance - simplify, consolidate, and remove inconsistencies and redundant provisions;

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clarify which components of newstart allowance are taken into account under the allowable income limits for the health care card;

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remove an administrative restriction in the family assistance delegation provisions; and

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correct cross-references and similar technical errors.

Financial impact statement

There is no financial impact from any of these amendments.

Statements of Compatibility with Human Rights

The statements of compatibility with human rights appear at the end of this explanatory memorandum.