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

Schedule 3   Economic security strategy payments to families

A New Tax System (Family Assistance) Act 1999

4   After Part 5

Insert:

Part 6 Economic security strategy payment to families

Division 1 Entitlements in respect of eligible children

89 When is an individual entitled to an economic security strategy payment to families?

(1) An individual (the entitled individual ) is entitled to an economic security strategy payment to families if subsection (2), (3), (4), (5), (6), (7) or (8) applies to the individual.

FTB category

(2) This subsection applies to the individual if:

(a) in relation to 14 October 2008, a determination under section 16 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and

(b) the rate (the applicable rate ) of family tax benefit payable under the determination in relation to 14 October 2008 consisted of or included a Part A rate greater than nil worked out taking into account one or more FTB children.

(3) This subsection applies to the individual if:

(a) in relation to 14 October 2008, a determination under section 17 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and

(b) the determination was made as a result of a claim made in the 2008-09, 2009-10 or 2010-11 income year; and

(c) if the claim was made in the 2008-09 income year - the rate (the applicable rate ) of family tax benefit payable under the determination in relation to 14 October 2008 consisted of or included a Part A rate greater than nil worked out taking into account one or more FTB children; and

(d) if the claim was made in the 2009-10 or 2010-11 income year:

(i) the individual has satisfied the FTB reconciliation conditions under section 32B of the Family Assistance Administration Act for all of the same-rate benefit periods in the 2008-09 income year; and

(ii) the rate (the applicable rate ) of family tax benefit that was payable under the determination after the individual satisfied those conditions, and that was payable in relation to 14 October 2008, consisted of or included a Part A rate greater than nil worked out taking into account one or more FTB children.

(4) This subsection applies to the individual if:

(a) in relation to 14 October 2008, a determination under section 18 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and

(b) the determination was made as a result of a claim made in the 2008-09 income year or a later income year; and

(c) the rate (the applicable rate ) of family tax benefit payable under the determination in relation to 14 October 2008 consisted of or included a Part A rate greater than nil worked out taking into account one or more FTB children.

Youth allowance category

(5) This subsection applies to the individual (the recipient ) if the recipient has been paid an instalment of youth allowance in relation to which the following conditions are satisfied:

(a) the instalment was in respect of a period that included 14 October 2008;

(b) the instalment was of another individual who, on 14 October 2008, was under 25 years of age and was not independent (within the meaning of Part 3.5 of the Social Security Act 1991);

(c) the instalment was paid to the recipient:

(i) on behalf of the other individual in accordance with subsection 45(1) of the Social Security (Administration) Act 1999; or

(ii) as payment nominee in accordance with Part 3A of the Social Security (Administration) Act 1999.

ABSTUDY category

(6) This subsection applies to the individual if:

(a) the whole or a part of an instalment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance was paid in respect of a dependent student; and

(b) the instalment was in respect of a period that included 14 October 2008; and

(c) on 14 October 2008, the student was a dependent student under the scheme and was under 25 years of age; and

(d) on 14 October 2008, the individual was a parent or guardian of the student; and

(e) the individual is either:

(i) the parent or guardian to whom the whole or part was paid; or

(ii) if no amount of the instalment was paid to a parent or guardian of the student and no amount of the instalment was paid to the student - the parent or guardian with whom the student usually lives who is determined by the Secretary to be the most appropriate parent or guardian to be entitled to a payment under this section.

Education allowance category

(7) This subsection applies to the individual if:

(a) the whole or a part of an education allowance under section 3.2, 3.3, 3.4, 3.5 or 3.6A of the Veterans' Children Education Scheme was paid in respect of a student; and

(b) the allowance was in respect of a period that included 14 October 2008; and

(c) on 14 October 2008, the student was under 25 years of age; and

(d) on 14 October 2008, the individual was a parent or guardian of the student; and

(e) the individual is either:

(i) the parent or guardian to whom the whole or part was paid; or

(ii) if no amount of the allowance was paid to a parent or guardian of the student and no amount of the allowance was paid to the student - the parent or guardian with whom the student usually lives who is determined by the Secretary to be the most appropriate parent or guardian to be entitled to a payment under this section.

(8) This subsection applies to the individual if:

(a) the whole or a part of an education allowance under section 3.2, 3.3, 3.4 or 3.5 of the Military Rehabilitation and Compensation Act Education and Training Scheme was paid in respect of a student; and

(b) the allowance was in respect of a period that included 14 October 2008; and

(c) on 14 October 2008, the student was under 25 years of age; and

(d) on 14 October 2008, the individual was a parent or guardian of the student; and

(e) the individual is either:

(i) the parent or guardian to whom the whole or part was paid; or

(ii) if no amount of the allowance was paid to a parent or guardian of the student and no amount of the allowance was paid to the student - the parent or guardian with whom the student usually lives who is determined by the Secretary to be the most appropriate parent or guardian to be entitled to a payment under this section.

90 In respect of what children is the payment payable?

Each of the following is an eligible child in relation to the entitled individual:

(a) if subsection 89(2) applies to the entitled individual - each FTB child taken into account in determining the applicable rate;

(b) if subsection 89(3) applies to the entitled individual - each FTB child taken into account in determining the applicable rate;

(c) if subsection 89(4) applies to the entitled individual - each FTB child taken into account in determining the applicable rate;

(d) if subsection 89(5) applies to the entitled individual - the other individual, or each other individual, covered by paragraph 89(5)(b);

(e) if subsection 89(6) applies to the entitled individual - the dependent student, or each dependent student, covered by paragraph 89(6)(a);

(f) if subsection 89(7) applies to the entitled individual - the student, or each student, covered by paragraph 89(7)(a);

(g) if subsection 89(8) applies to the entitled individual - the student, or each student, covered by paragraph 89(8)(a).

91 What is the amount of the payment?

Add together the amounts applicable under this section for each eligible child

(1) The amount of the economic security strategy payment to the entitled individual is worked out by adding together the amounts applicable under this section for each eligible child.

Amount is $1,000 unless another subsection applies

(2) Subject to this section, the amount applicable for an eligible child is $1,000.

Reduced amount if applicable rate took account of an individual's shared care percentage

(3) If the applicable rate (see section 89) took account of a shared care percentage in relation to an eligible child covered by paragraph 90(a), (b) or (c), the amount applicable for the eligible child is that percentage of $1,000.

Reduced amount if applicable rate took account of a section 28 percentage determination

(4) If the applicable rate (see section 89) took account of a determination under section 28 of a particular percentage in relation to one or more FTB children (being an eligible child or eligible children) - the amount applicable for the eligible child, or for each of those eligible children, is:

(a) unless paragraph (b) applies - that percentage of $1,000; or

(b) if subsection (3) also applies in relation to the eligible child - that percentage of the amount worked out under subsection (3) for the eligible child.

Reduced amount if applicable rate took account of a section 29 percentage determination

(5) If the applicable rate (see section 89) took account of a determination under section 29 of a particular percentage in relation to one or more FTB children (being an eligible child or eligible children) - the amount applicable for the eligible child, or for each of those eligible children, is:

(a) unless paragraph (b) applies - that percentage of $1,000; or

(b) if subsection (3) also applies in relation to the eligible child - that percentage of the amount worked out under subsection (3) for the eligible child.

Reduced amount for part of education allowance

(6) If:

(a) subsection 89(7) or (8) applies in circumstances where the entitled individual was paid a part (the applicable part ) of the allowance concerned in relation to an eligible child; and

(b) another parent or guardian of the eligible child was paid a part of the allowance concerned;

the amount applicable for the eligible child is worked out as follows:

(Amount of applicable part / Amount of allowance concerned) x $1,000

92 General rules

Overlapping categories

(1) If, at the time the Secretary determines whether an individual is entitled to an economic security strategy payment to families under this Division, 2 or more subsections of section 89 would otherwise apply to the individual in relation to an eligible child, then the first of those subsections applies to the individual in relation to that child and none of the others apply to the individual in relation to that child.

Note: For the purposes of this section, section 91 of this Act (amount of payment) and section 71J of the Family Assistance Administration Act (debts), it is necessary to know which subsection of section 89 of this Act applies to an individual.

More than one recipient per child in FTB category

(2) If an economic security strategy payment to families under this Division in relation to an eligible child is paid to an individual because subsection 89(2), (3) or (4) applied to the individual, then another individual can be paid an economic security strategy payment to families under this Division in relation to that child only if subsection 89(2), (3) or (4) applies to the other individual.

Only one recipient per child in youth allowance or ABSTUDY category

(3) If an economic security strategy payment to families under this Division in relation to an eligible child is paid to an individual because subsection 89(5) or (6) applied to the individual, then no other individual can be paid an economic security strategy payment to families under this Division in relation to that child.

More than one recipient per child in education allowance category

(4) If an economic security strategy payment to families under this Division in relation to an eligible child is paid to an individual because subsection 89(7) or (8) applied to the individual, then another individual can be paid an economic security strategy payment to families under this Division in relation to that child only if subsection 89(7) or (8) applies to the other individual.

One payment per individual per eligible child

(5) If an economic security strategy payment to families under this Division in relation to an eligible child is paid to an individual, no further economic security strategy payment to families under this Division in relation to that child can be paid to the individual.

Division 2 Other entitlements

93 When is an individual entitled to an economic security strategy payment to families?

(1) An individual (the entitled individual ) is entitled to an economic security strategy payment to families if subsection (2), (3), (4) or (5) applies to the individual.

Youth allowance category

(2) This subsection applies to the individual if the individual has been paid an instalment of youth allowance in relation to which the following conditions are satisfied:

(a) the instalment was in respect of a period that included 14 October 2008;

(b) the instalment was of the individual who, on 14 October 2008, was under 25 years of age and was not independent (within the meaning of Part 3.5 of the Social Security Act 1991).

ABSTUDY category

(3) This subsection applies to the individual if:

(a) the whole or a part of an instalment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance was paid to the individual as a dependent student; and

(b) the instalment was in respect of a period that included 14 October 2008; and

(c) on 14 October 2008, the individual was a dependent student under the scheme and was under 25 years of age.

Education allowance category

(4) This subsection applies to the individual if:

(a) an education allowance under section 3.3, 3.5 or 3.6A of the Veterans' Children Education Scheme was paid to the individual as a student; and

(b) the allowance was in respect of a period that included 14 October 2008; and

(c) on 14 October 2008, the individual was under 25 years of age.

(5) This subsection applies to the individual if:

(a) an education allowance under section 3.3 or 3.5 of the Military Rehabilitation and Compensation Act Education and Training Scheme was paid to the individual as a student; and

(b) the allowance was in respect of a period that included 14 October 2008; and

(c) on 14 October 2008, the individual was under 25 years of age.

94 What is the amount of the payment?

The amount of the economic security strategy payment to the entitled individual is $1,000.