Social Services and Other Legislation Amendment (More Support in the Safety Net) Act 2024 (66 of 2024)

Schedule 3   Providing flexibility to carers

Social Security Act 1991

8   After section 1061ZCA

Insert:

1061ZCB Extended qualification rule: former recipient of carer payment

Qualification

(1) Subject to subsections (7) and (8), a person is qualified for a pensioner concession card for the period of 26 weeks starting on the day on which this section begins to apply to the person.

Application - temporary cessation of care limit exceeded

(2) Subject to subsection (5), this section applies to a person if:

(a) the person has been receiving carer payment; and

(b) the person temporarily ceases to provide care for a care receiver or care receivers (see section 198AC); and

(c) the person ceases to be qualified for carer payment because of the occurrence of an event or change of circumstances that results in the temporary cessation of care exceeding the limit specified in:

(i) subsection 198AC(3); or

(ii) the definition of limit in subsection 198AC(3A); or

(iii) paragraph 198AC(4)(c) or (5)(c); and

(d) but for the occurrence of the event or change of circumstances, the person would still have been qualified for carer payment.

Application - income reduced rate nil

(3) Subject to subsection (5), this section applies to a person if:

(a) the person has been receiving carer payment; and

(b) carer payment ceases to be payable to the person because the rate of the person's payment is nil; and

(c) the rate of the person's carer payment is nil because of the occurrence of an event or change of circumstances that results in the person's income reduced rate (see subsection (4)) being nil; and

(d) but for the person's income reduced rate being nil, carer payment would have continued to be payable to the person; and

(e) at the time of the cessation, the person's ordinary income (as used to work out the person's income reduced rate) includes income for paid work performed by the person in Australia.

(4) For the purposes of subsection (3), a person's income reduced rate is the rate worked out at step 8 of the method statement in point 1064-A1 in Module A of Pension Rate Calculator A.

Residency requirement

(5) This section only applies to a person while the person is residing in Australia.

Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).

(6) However, this section applies to a person in relation to a day if:

(a) the person is in Australia on that day but not residing in Australia; and

(b) the carer payment that the person had been receiving was received solely because of the operation of the scheduled international social security agreement between Australia and New Zealand.

No double qualification - person receiving certain other social security payments

(7) If, during the period of 26 weeks referred to in subsection (1), a person receives an instalment of a social security pension that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.

(8) If, during the period of 26 weeks referred to in subsection (1), a person receives an instalment of:

(a) a youth allowance while subsection 1061ZA(2A) applies to the person; or

(b) a jobseeker payment while subsection 1061ZA(2B) applies to the person; or

(c) a benefit PP (partnered) while subsection 1061ZA(2D) applies to the person;

that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.