BILLS DIGEST NO. 45, 2014–15              28 October 2014

Social Services and Other Legislation Amendment (2014 Budget Measures No. 6) Bill 2014

Luke Buckmaster and Michael Klapdor
Social Policy Section

This Bills Digest should be read in conjunction with Bills Digests for the Social Services and Other Legislation Amendment (2014 Budget Measures No. 1) Bill 2014 and the Social Services and Other Legislation Amendment (2014 Budget Measures No. 2) Bill 2014.

Date introduced: 2 October 2014

House:  House of Representatives

Portfolio: Social Services

Commencement:  various dates as set out in the table at clause 2 of the Bill.

Links: The links to the Bill, its Explanatory Memorandum and second reading speech can be found on the Bill’s home page, or through the Australian Parliament website.

When Bills have been passed and have received Royal Assent, they become Acts, which can be found at the ComLaw website.

List of abbreviations

Abbreviations

Definition

CES

Clean Energy Supplement

CSHC

Commonwealth Seniors Health Card

DSS

Department of Social Services

DSP

Disability Support Pension

FA Act

A New Tax System (Family Assistance) Act 1999

FA Admin Act

A New Tax System (Family Assistance) (Administration) Act 1999

FTB

Family Tax Benefit

FTB-A

Family Tax Benefit Part A

FTB-B

Family Tax Benefit Part B

No. 1 Bill

Social Services and Other Legislation Amendment (2014 Budget Measures No. 1) Bill 2014

No. 2 Bill

Social Services and Other Legislation Amendment (2014 Budget Measures No. 2) Bill 2014

No. 4 Bill

Social Services and Other Legislation Amendment (2014 Budget Measures No. 4) Bill 2014

No. 5 Bill

Social Services and Other Legislation Amendment (2014 Budget Measures No. 5) Bill 2014

No. 6 Bill

Social Services and Other Legislation Amendment (2014 Budget Measures No. 6) Bill 2014

PPS

Parenting Payment Single

SS Act

Social Security Act 1991

SS Admin Act

Social Security Administration Act 1999

Seniors Supplement Bill

Social Services and Other Legislation Amendment (Seniors Supplement Cessation) Bill 2014

VE Act

Veterans’ Entitlements Act 1986

History of the Bill

All of the main legislative amendments required to implement the 2014–15 budget measures in the Social Services Portfolio were previously proposed in two omnibus Bills:

•       the Social Services and Other Legislation Amendment (2014 Budget Measures No. 1) Bill 2014 (the No. 1 Bill)[1] and

•       the Social Services and Other Legislation Amendment (2014 Budget Measures No. 2) Bill 2014 (the No. 2 Bill).[2]

Neither of those Bills has proceeded beyond the second reading stage in the Senate, most likely because the Government was unable to secure their passage due to opposition to various measures from the Australian Labor Party (Labor), the Australian Greens (the Greens), minor parties and independent senators.

It appears that in order to secure passage of those measures which were supported by either Labor or the Greens, the Government has reintroduced measures from the No. 1 Bill and the No. 2 Bill in four new Bills:

•       the Social Services and Other Legislation Amendment (Seniors Supplement Cessation) Bill 2014 (the Seniors Supplement Bill)[3]

•       the Social Services and Other Legislation Amendment (2014 Budget Measures No. 4) Bill 2014 (the No. 4 Bill)[4]

•       the Social Services and Other Legislation Amendment (2014 Budget Measures No. 5) Bill 2014 (the No. 5 Bill)[5] and

•       the Social Services and Other Legislation Amendment (2014 Budget Measures No. 6) Bill 2014 (the No. 6 Bill).[6]

The Greens have stated that they ‘could’ support the measures proposed by the Seniors Supplement Bill.[7] Labor has expressed support for the measures proposed by the No. 6 Bill.[8] The No. 4 Bill contains measures from the No. 1 and No. 2 Bills which are due to commence from Royal Assent or in 2015. It does not appear at the time of writing this Bills Digest that these measures are supported by Labor or crossbench senators. Schedule 1 of the No. 5 Bill contains measures from the No. 2 Bill which are due to commence from 2017 or later. Schedule 2 of the No. 5 Bill contains measures relating to the Age Pension qualifying age which are to commence from Royal Assent but do not have a real impact until 2025. At the time of writing this Bills Digest, the measures in the No. 5 Bill were not supported by Labor or crossbench senators.

Structure of the Bills Digest

The provisions in this Bill are equivalent to certain provisions of the No. 1 and No. 2 Bills. Background and analysis of the measures proposed in this Bill were provided in the Bills Digests for the No. 1 and No. 2 Bills.[9]

As analysis and discussion about the relevant provisions has already been provided, this Bill Digest will briefly set out the particular amendments proposed in this Bill, highlight the differences between those in the No. 1 and No. 2 Bills and those in the No. 6 Bill, and set out new issues of relevance to this Bill.

Purpose and structure of the Bill

The Bill amends the A New Tax System (Family Assistance) Act 1999 (the FA Act),[10] the A New Tax System (Family Assistance) (Administration) Act 1999 (the FA Admin Act),[11] the Social Security Act 1991 (the SS Act),[12] the Social Security (Administration) Act 1999 (the SS Admin Act),[13] the Veterans’ Entitlements Act 1986 (the VE Act)[14] and a number of other Commonwealth Acts in order to implement a range social services budget measures. The measures were previously proposed by the No. 1 and No. 2 Bills. Table 1 sets outs the measures in the No. 6 Bill and the relevant Schedules in the previous Bills (with links to the relevant sections of the previous Bills Digests).

Table 1: Measures proposed by the No. 6 Bill and provenance in previous social services budget measures Bills

Measure

Previous Bill

Sch. 1—Rename the Clean Energy Supplement (CES) as the ‘Energy Supplement’ and cease indexation of the payment from 20 September 2014

Social Services and Other Legislation Amendment (2014 Budget Measures No. 1) Bill 2014—Sch. 2

Sch. 2—From 1 July 2015: pause indexation of the assets value limits for all working age allowance, student payments and Parenting Payment Single (PPS) for two years

No. 1 Bill—Sch. 3; Social Services and Other Legislation Amendment (2014 Budget Measures No. 2) Bill 2014—Sch. 1

Sch. 2—From 1 July 2017: pause indexation of the assets test free areas for all pension payments for three years

No. 2 Bill—Sch. 1

Sch. 3—Review Disability Support Pension recipients aged under 35 years against the revised impairment tables and apply program of support requirements, from the date of Royal Assent

No. 1 Bill—Sch. 4

Sch. 4—From 1 January 2015, limit the overseas portability period for student payments

No. 1 Bill—Sch. 5

Sch. 5—From 1 January 2015, reduce the general overseas portability period for Disability Support Pension from six-weeks at a time to 28 days in a 12-month period

No. 2 Bill—Sch. 2

Sch. 6—From 1 January 2015, exclude from the social security and veterans’ entitlements income test any payments under the Young Carer Bursary Programme

No. 2 Bill—Sch. 3

Sch. 7—From 1 January 2015, include untaxed superannuation income in the income test for the Commonwealth Seniors Health Card (with grandfathering arrangements for existing holders), and extend the overseas portability period for cardholders from six to 19 weeks

No. 2 Bill—Sch. 4

Sch. 8—From 1 January 2015, remove Relocation Scholarships for students relocating within and between major cities

No. 2 Bill—Sch. 5

Sch. 9—From 1 July 2015: limit the Family Tax Benefit Part A (FTB-A) large family supplement to families with four or more children; remove the FTB-A ‘per child add-on’ to the higher income free area for each additional child after the first; and, reduce the primary earner income limit for Family Tax Benefit Part B (FTB-B) from $150,000 per annum to $100,000 per annum.

No. 2 Bill—Sch. 10

Sch. 10—From Royal Assent, allow for payment of Commonwealth supplementation from the Social and Community Services Pay Equity Special Account to service providers affected by decision of the Western Australian Industrial Relations Commission on 29 August 2013.

No. 1 Bill—Sch. 8

Sources: P Yeend and L Buckmaster, Social Services and Other Legislation Amendment (2014 Budget Measures No. 1) Bill 2014, Bills digest, 14, 2014–15, Parliamentary Library, Canberra, 2014, accessed 20 October 2014; C Ey, M Klapdor, M Thomas and P Yeend, Social Services and Other Legislation Amendment (2014 Budget Measures No. 2) Bill 2014, Bills digest, 16, 2014–15, Parliamentary Library, Canberra, 2014, accessed 20 October 2014.

Overview

The No. 6 Bill contains various measures from the No. 1 and No. 2 Bills. These include measures the Opposition has previously said it will not oppose (discussed below).

See the Bills Digests for the No. 1 and No. 2 Bills for a detailed discussion of these measures.

Committee consideration

At the time of writing this Bills Digest, the No. 6 Bill had not been referred to any committees for inquiry and report. The measures in the No. 6 Bill were previously considered by the Senate Community Affairs Committee in its inquiry into the provisions of the No. 1 and No. 2 Bills.[15]

Parliamentary Joint Committee on Human Rights

At the time of writing this Bills Digest, the Parliamentary Joint Committee on Human Rights had not reported on the No. 6 Bill. The Committee considered the measures in its reports on the No. 1 and No. 2 Bills. For most of the measures, the Committee sought further information from the Minister for Social Services in regards to their compatibility with human rights. The Committee has no outstanding concerns in relation to any specific measures reintroduced in the No. 6 Bill. It has, however, sought the further advice of the Minister ‘as to whether the measures in the [No. 1] Bill are compatible with the rights to equality and non-discrimination on the basis of gender and family responsibilities’.[16]

Statement of Compatibility with Human Rights

As required under Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth), the Government has assessed the Bill’s compatibility with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of that Act.[17] The Government considers that the Bill is compatible.

Policy position of non-government parties/independents

In their Dissenting Report to the Senate Community Affairs Committee Report on the No. 1 and No. 2 Bills, Labor recommended that the Senate not oppose some measures in these Bills ‘ensuring responsible savings can be made without leaving vulnerable Australians worse off’.[18] These included the following measures in the No. 6 Bill:

·          better targeting Family Tax Benefit B by reducing the primary earner income limit from $150,000 a year to $100,000

·          the inclusion of untaxed superannuation income in the assessment for the Commonwealth Seniors Health Card – meaning concessions go to those who need it, rather than wealthy retirees

·          pauses in asset tests for student payments, pensions and for all working age allowances. However, Labor Senators on the Committee oppose freezes to the low income free areas, to protect those on low incomes

·          limiting the amount of time students can spend overseas while still receiving student payments

·          better targeting the large family payment supplement

·          removing relocation scholarship assistance for students relocating with and between major cities and

·          ending indexation of the Clean Energy Supplement.[19]

In their Dissenting Report, the Greens expressed concerns at the impact of a number of measures proposed by the No. 6 Bill and indicated that they were generally not supportive of the measures.[20] The Greens are supportive of the change to income testing of the Young Carer Bursary Programme and inclusion of untaxed superannuation income in the income test for the Commonwealth Seniors Health Card.[21]

It is not clear what the Palmer United Party’s views are on the specific measures contained in the No. 6 Bill. In regards to the No. 1 and No. 2 Bills, Palmer United Party leader Clive Palmer stated that they would not support any of the measures: ‘We’re just against everything … We will be voting negative to the lot’.[22]

Position of major interest groups

The position of major interest groups was presented in submissions and evidence to the Senate Community Affairs Committee inquiry into the No. 1 and No. 2 Bills. On 27 August 2014, dozens of community organisations from around Australia issued a joint statement on the Budget’s social security changes. The statement specifically called upon the Parliament to reject measures proposed in the Bills: for example, the proposed six-month exclusion periods for jobseekers on Newstart and Youth Allowance; changes to the qualifying age for Newstart Allowance and Sickness Allowance; changes to family payments ‘which will reduce support to low income families’, including changes to Parenting Payment Single (PPS) (these measures are now contained in the No. 4 Bill).[23]

The joint statement supported measures contained in the No. 6 Bill, including:

·          … freezing the Age Pension asset test cut off, which will affect seniors with more than a million dollars in assets apart from the family home

·          Lowering income eligibility for Family Tax Benefit Part B from $150,000 to $100,000 which will affect those on higher incomes and

·          Including untaxed superannuation income in the income test for the Seniors Health Card, as it is for the Age Pension. This will only impact on those on higher incomes.[24]

Financial implications

The financial implications of the No. 6 Bill are set out on page two of the Explanatory Memorandum. It is difficult to compare all of the measures with those put forward in the No. 1 and No. 2 Bills as some components of the Schedules in the original Bills have been split. That being the case it is not possible to assess any change in the estimated financial impact. Based on the information provided in the Explanatory Memorandum, and taking into account that the implementation of some measures has been delayed, it appears that there are no notable differences in terms of the financial impact of the measures proposed by the No. 6 Bill with the exception of the changes to Disability Support Pension portability proposed by Schedule 5.

The estimated savings from the proposed portability changes have reduced from $12.3 million to $5 million between the two Bills.[25] The changes may reflect small changes to the proposed amendments between the Bills, discussed below. Alternatively, the impact of the measure may have been reassessed in the intervening period. The Explanatory Memorandum does not provide an explanation for the difference.

Key issues and provisions

This section will provide a brief summary of the proposed measures and notable differences with the relevant provisions proposed in the No. 1 and No. 2 Bills. For detailed background information and discussion of relevant issues, see the Bills Digests for the No. 1 and No. 2 Bills.

Schedule 1—Energy supplement replacing clean energy supplement

Schedule 1 proposes to rename the Clean Energy Supplement (CES) as the ‘Energy Supplement’ and to cease indexation of the payment. The principal amendments in Schedule 1 of the Bill are made to the FA Act; the FA Admin Act; the SS Act; the SS Admin Act; and the VE Act.

These amendments were proposed by Schedule 2 of the No. 1 Bill.

Differences with the No. 1 Bill

The amendments which put in place the change of name are in equivalent terms to those in Schedule 2 of the No. 1 Bill.

There are two differences between the amendments in this Bill and those in Schedule 2 of the No. 1 Bill. The first is that those provisions which set out the amounts of Energy Supplement to be paid to eligible recipients have been updated to reflect current rates of payment.[26] The second is that items 40A–40H amend the rate calculator for the seniors supplement in section 1061UB of the SS Act to provide for the calculation of the clean energy components of seniors supplement and effect renaming of the supplement. Similarly items 236A–236E amend the rate calculator for seniors supplement in section 118PB of the VE Act.

Schedule 2—Indexation

Schedule 2 amends the SS Act, the VE Act and the Farm Household Support Act 2014[27] to:

•       pause indexation of the assets value limits for all working-age allowances, student payments and Parenting Payment Single (PPS) for two years from 1 July 2015[28] and

•       pause indexation of the assets test free areas for all pension payments, including veterans’ pensions, for three years from 1 July 2017.[29]

Amendments to pause indexation of the assets value limits for working age allowances and PPS for three years from 1 July 2014 were proposed by Schedule 3 of the No. 1 Bill. Amendments to pause indexation of the assets value limits for student payments for three years from 1 January 2015 were proposed by Schedule 1 of the No. 2 Bill. Amendments to pause indexation of the assets test free areas for all pension payments for three years from 1 July 2017 were also proposed by Schedule 1 of the No. 2 Bill.

Differences with the No. 1 and No. 2 Bills

The proposed amendments closely resemble those in the No. 1 and No. 2 Bills. A key difference for the proposed pause on the indexation of the assets value limits for working-age allowances, student payments and PPS is that the No. 6 Bill only proposes a pause of two years—while the previous Bills proposed a pause for three years. The previous Bills failed to pass the Parliament prior to the proposed commencement date for most of these indexation pauses (1 July 2014). However, it is not clear why the Government has shortened the duration of the pause rather than simply proposing a three-year pause commencing 1 July 2015.

The proposed pause on the indexation of pension asset test limits has been separated from some of the other controversial changes to pension payments due to commence in 2017 which were proposed in the No. 2 Bill and are now proposed in the No. 5 Bill. The changes to the assets test threshold indexation are the only changes to pension payments which the Opposition has stated it is prepared to support, with the exception of the proposed changes to Disability Support Pension (see Schedules 3 and 5).[30]

Schedule 3—Disability support pension

Schedule 3 amends provisions of the SS Act relating to Disability Support Pension (DSP) recipients aged under 35 years.

The first measure proposes to make those DSP recipients aged under-35 years who began receiving the payment between 2008 and 2011 subject to a review of their level of impairment and current work capacity. The second, related, measure applies to a person who is subject to such a review. It requires that the person actively participate in a program of support—that is, activities designed to build their capacity to work. The program of support must be one that is wholly, or partly, funded by the Commonwealth.

These amendments were proposed in Schedule 4 of the No. 1 Bill.

No differences with the No. 1 Bill

The proposed amendments in Schedule 3 of this Bill are equivalent to those in Schedule 4 of the No. 1 Bill.

Schedule 4—Portability for students and new apprentices

Schedule 4 amends the SS Act to tighten access to the six-week portability period for student payments. Portability refers to the facility that allows payments to continue to be made to an eligible person who is outside Australia.

The duration of the six week limitation period is not proposed to be changed—but the circumstances in which a person can access the six-week temporary absence portability of payment will be narrowed. The payments affected are Youth Allowance, Austudy and ABSTUDY. The proposed change will operate so that payment during temporary absences of up to six weeks will be made only if the purpose of the temporary absence was to seek eligible medical treatment or to attend an acute family crisis.

Item 4 inserts proposed subsection 1218(4) into the SS Act to allow the Secretary, by legislative instrument, to make principles to be used where a person is absent overseas for the purposes of undertaking studies as a part of a course of education. In addition the amendments in Schedule 4 of the Bill align the portability rules for apprentices with those that are proposed to apply to students.[31]

The new portability rules for students and apprentices are to apply from 1 January 2015.

Differences with the No. 1 Bill

Other than the delayed commencement of the measure from 1 October 2014 to 1 January 2015, there are no differences between the amendments proposed by Schedule 4 of the No. 6 Bill and Schedule 5 of the No. 1 Bill.

Schedule 5—Portability of disability support pension

Schedule 5 amends the SS Act to reduce the general portability period for the Disability Support Pension (DSP) from six weeks down to four weeks in a 12 month period. The measure is to apply from 1 January 2015. Similar amendments were proposed by Schedule 2 of the No. 2 Bill.

DSP portability

Currently, DSP can be paid to a person during a temporary absence from Australia of up to six weeks at a time. The absence can be for any reason. There are some exceptions to the six-week rule.[32] DSP recipients with a severe and permanent impairment and no future capacity to work may also be eligible for unlimited portability. Also, severely disabled DSP recipients who are in the terminal phase of a terminal illness can have unlimited portability if they are departing permanently to their country of origin, or to be with, or near, a family member.[33]

Proposed changes

Schedule 5 proposes three key changes to the DSP general portability rules. First, it amends the SS Act to reduce the temporary absence period from six weeks down to 28 days.[34] Second, the amendment will operate so that only a cumulative period of 28 days can be taken over a 12 month period. Currently, the temporary absence period for DSP is six weeks, but more than one six week period can be taken in any 12 month period. Third, the proposed provisions will allow for non-cumulative temporary absences of four weeks for particular purposes: to seek eligible medical treatment, to attend to an acute family crisis or for a humanitarian purpose. The Bill makes no changes to the provisions allowing for unlimited portability of DSP, which only applies in special circumstances.

Differences with the No. 2 Bill

The substantive measures in the No. 6 Bill are equivalent to those proposed by the No. 2 Bill.

However, a notable change from the No. 2 Bill is the removal of provisions (items 2, 8 and 9 of the No. 2 Bill) that, if passed, would have limited the discretion of the Secretary to either suspend or cancel a DSP recipient’s payment where an overseas absence occurs after the end of the allowable portability period.

As the Bills Digest for the No. 2 Bill noted, the amendments would have singled out DSP as a payment that must be cancelled rather than suspended if a person exceeds their portability period.[35] Cancellation would require a person to reapply for DSP upon return to Australia, serve any relevant waiting periods, and might mean they were subject to different eligibility requirements compared to when the person originally applied for the payment (there have been significant changes to DSP eligibility requirements over the last decade, such as the 2006 Welfare to Work changes and recent updates to the impairment tables).[36] The Bills Digest also noted that it was unclear why an obligation to cancel DSP in these instances was being imposed without similar obligations applying to other payments with time-limited portability.

As the No. 6 Bill does not include those amendments, the Secretary will retain some level of discretion over whether to suspend or cancel an individual’s DSP payment where they have an overseas absence outside the allowable four-week period. This change ensures that DSP recipients are not singled out for this particular measure. However, the proposed cumulative portability period rule will apply only to DSP—other payments with time-limited portability will not be subject to this kind of condition.

Schedule 6—Young Carer Bursary Programme

Schedule 6 amends the SS Act and the VE Act to make payments under the new Young Carer Bursary Programme exempt under the income test for social security and veteran’s payments.

The program will provide bursaries of up to $10,000 per annum for young carers aged 25 years or under who are undertaking study. Carers Australia has been contracted to administer the Young Carer Bursary Programme and applications are currently being accepted.[37]

No differences with the No. 2 Bill

The amendments in Schedule 6 of the No. 6 Bill are equivalent to amendments proposed by Schedule 3 of the No. 2 Bill.

Schedule 7—Seniors health card

Schedule 7 proposes amendments to the SS Act and the VE Act to provide for untaxed superannuation income to be included in the assessment of income that determines eligibility for the Commonwealth Seniors’ Health Card (CSHC) (with products purchased before 1 January 2015 by existing cardholders to be made exempt from the measure). Schedule 7 will also operate to relax the rules on portability, extending the portability for CSHC cardholders from six weeks to 19 weeks.

No differences with the No. 2 Bill

The amendments in Schedule 7 of the No. 6 Bill are equivalent to the amendments proposed by Schedule 4 of the No. 2 Bill.

Schedule 8—Relocation scholarships

Schedule 8 amends the SS Act to remove access to relocation scholarships for students who must relocate within, or between, major cities to study. This was proposed in Schedule 5 of the No. 2 Bill.

No differences with the No. 2 Bill

The amendments in Schedule 8 of the No. 6 Bill are equivalent to amendments proposed by Schedule 5 of the No. 2 Bill.

Schedule 9—Family tax benefit

Schedule 9 amends the FA Act to implement a number of changes to Family Tax Benefit (FTB) payments:

•       limiting the Family Tax Benefit Part A (FTB-A) Large Family Supplement to families with four or more children, whereas currently it is provided to families with three or more children

•       lowering the Family Tax Benefit Part B (FTB-B) income cut-off point for sole-parents and primary earners in a couple from $150,000 down to $100,000 and

•       removing the FTB-A ‘per child add–on’. Currently under the FTB-A income test the second taper of 30 cents in the dollar commences at $94,316 for one child, but is increased by $3,796 for each additional child. This will mean for all families, regardless of the number of children, the second step in the FTB-A income test taper will start at $94,316 (if amendments to pause indexation of these amount, proposed by Schedule 1 of the No. 4 Bill, are passed).

The measures will take effect from 1 July 2015.

No differences with the No. 2 Bill

The amendments in Schedule 9 of the No. 6 Bill are equivalent to amendments proposed by Schedule 10 of the No. 2 Bill.

Some separate FTB changes that were proposed in Schedule 10 of the No. 2 Bill have been proposed in Schedule 2 of the No. 4 Bill. These relate to reductions in the end-of-year supplement amounts, restricting eligibility for FTB-B to families with a child under six years and introducing a new allowance for single parents with children aged six to 12 years inclusive, to partly make up for the loss of FTB-B.

Schedule 10—Social and Community Services Pay Equity Special Account

Schedule 10 amends the Social and Community Services Pay Equity Special Account Act 2012[38] to add the Western Australian Industrial Relations Commission decision of 29 August 2013 as a pay equity decision, allowing payment of Commonwealth supplementation to service providers affected by the decision. This amendment was proposed in Schedule 8 of the No. 1 Bill.

Differences with the No. 1 Bill

The amendments in Schedule 10 of the No. 6 Bill are almost identical to the amendments proposed by Schedule 8 of the No. 1 Bill.

The difference is in the table in item 3 setting out amounts to be paid under the Schedule. According to the Explanatory Memorandum, the proposed amount of $204.4 million to be paid at 1 July 2014 in the No. 1 Bill has been reduced to $5.9 million ‘to reflect the fact that the Social and Community Services Pay Equity Special Account was credited under the Act on 1 July 2014 with an amount for existing pay equity orders’.[39]

Concluding comments

This measures proposed by this Bill are less contentious than those in the other major ‘split’ social services budget bills (No. 4 and No. 5). Labor has indicated that it will support the Bill in the Senate.

The Greens have expressed opposition to measures in the Bill, apart from the change to income testing of the Young Carer Bursary Programme and inclusion of untaxed superannuation income in the income test for the Commonwealth Seniors Health Card.

Members, Senators and Parliamentary staff can obtain further information from the Parliamentary Library on (02) 6277 2500.

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[1].              Parliament of Australia, ‘Social Services and Other Legislation Amendment (2014 Budget Measures No. 1) Bill 2014 homepage’, Australian Parliament website, accessed 20 October 2014.

[2].              Parliament of Australia, ‘Social Services and Other Legislation Amendment (2014 Budget Measures No. 2) Bill 2014 homepage’, Australian Parliament website, accessed 20 October 2014.

[3].              Parliament of Australia, ‘Social Services and Other Legislation Amendment (Seniors Supplement Cessation) Bill 2014 homepage’, Australian Parliament website, accessed 20 October 2014.

[4].              Parliament of Australia, ‘Social Services and Other Legislation Amendment (2014 Budget Measures No. 4) Bill 2014 homepage’, Australian Parliament website, accessed 20 October 2014.

[5].              Parliament of Australia, ‘Social Services and Other Legislation Amendment (2014 Budget Measures No. 5) Bill 2014 homepage’, Australian Parliament website, accessed 20 October 2014.

[6].              Parliament of Australia, ‘Social Services and Other Legislation Amendment (2014 Budget Measures No. 6) Bill 2014 homepage’, Australian Parliament website, accessed 20 October 2014.

[7].              Australian Greens, Dissenting report, Senate Community Affairs Committee, Inquiry into the provisions of the Social Services and Other Legislation Amendment (2014 Budget Measures No. 1) Bill 2014 and the Social Services and Other Legislation Amendment (Budget Measures No. 2) Bill 2014, The Senate, Canberra, 2014, accessed 20 October 2014. See also R Siewert, Greens statement on Seniors Supplement, media release, 1 October 2014, accessed 20 October 2014.

[8].              J Macklin (Shadow Minister for Families and Payments), ‘Second reading speech: Social Services and Other Legislation Amendment (2014 Budget Measures No. 6) Bill 2014’, House of Representatives, Debates, 2 October 2014, p. 9, accessed 20 October 2014.

[9].              P Yeend and L Buckmaster, Social Services and Other Legislation Amendment (2014 Budget Measures No. 1) Bill 2014, Bills digest, 14,
2014–15, Parliamentary Library, Canberra, 2014, accessed 20 October 2014; C Ey, M Klapdor, M Thomas and P Yeend, Social Services and Other Legislation Amendment (2014 Budget Measures No. 2) Bill 2014, Bills digest, 16, 2014–15, Parliamentary Library, Canberra, 2014, accessed 20 October 2014.

[10].              A New Tax System (Family Assistance) Act 1999, accessed 26 October 2014.

[11].              A New Tax System (Family Assistance) (Administration) Act 1999, accessed 26 October 2014.

[12].              Social Security Act 1991, accessed 26 October 2014.

[13].              Social Security (Administration) Act 1999, accessed 26 October 2014.

[14].              Veterans’ Entitlements Act 1986, accessed 26 October 2014.

[15].              Senate Community Affairs Committee, Inquiry into the provisions of the Social Services and Other Legislation Amendment (2014 Budget Measures No. 1) Bill 2014 and the Social Services and Other Legislation Amendment (Budget Measures No. 2) Bill 2014, The Senate, Canberra, 2014, accessed 20 October 2014.

[16].              Parliamentary Joint Committee on Human Rights, Twelfth report of the 44th Parliament, The Senate, September 2014, p. 2, accessed 20 October 2014.

[17].              The Statement of Compatibility with Human Rights can be found at page 43 of the Explanatory Memorandum to the Bill.

[18].              Australian Labor Party Senators, Dissenting report, Senate Community Affairs Committee, Inquiry into the provisions of the Social Services and Other Legislation Amendment (2014 Budget Measures No. 1) Bill 2014 and the Social Services and Other Legislation Amendment (Budget Measures No. 2) Bill 2014, The Senate, Canberra, 2014, p. 54, accessed 20 October 2014.

[19].              Ibid., pp. 54–55.

[20].              Australian Greens, Dissenting report, op. cit.

[21].              Ibid., p. 67.

[22].              J Ireland, ‘Palmer rejects social services Bills’, The Sunday Age, 21 September 2014, p. 9, accessed 27 October 2014.

[23].              Australian Council of Social Service (ACOSS), Joint sector statement on budget social security changes, media release, 27 August 2014, accessed 20 October 2014.

[24].              Ibid.

[25].              Explanatory Memorandum, Social Services and Other Legislation Amendment (2014 Budget Measures No. 6) Bill 2014, p. 2; Correction to the Explanatory Memorandum, Social Services and Other Legislation Amendment (2014 Budget Measures No. 2) Bill 2014, p. 2, accessed 24 October 2014.

[26].              Items 46, 52, 58, 82, 89, 95, 102, 160, 165, 216, 221, 260, 270, 275 and 279 of Schedule 1 of the No. 6 Bill.

[27].              Farm Household Support Act 2014, accessed 26 October 2014.

[28].              Affected payments include: Newstart Allowance, Youth Allowance, Austudy, Sickness Allowance, Parenting Payment Single and Parenting Payment Partnered.

[29].              Affected payments include: Age Pension, Disability Support Pension, Carer Payment, Widow B Pension, and Service Pension.

[30].              J Macklin (Shadow Minister for Families and Payments), Labor to fight Abbott’s unfair cuts to pensioners, families and young people, media release, 24 June 2014, accessed 20 October 2014.

[31].              Item 5 of Schedule 4 of the No. 6 Bill inserts proposed section 1218BA into the Social Security Act 1991.

[32].              Department of Social Services (DSS), ‘7.1.2.10 General rules of portability’, Guide to Social Security Law, DSS website, accessed 24 October 2014.

[33].              Ibid.

[34].              Items 3 and 6 of Schedule 5 of the Bill.

[35].              C Ey et al, op. cit., p. 22.

[36].              D Daniels and P Yeend, Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Bill 2005, Bills digest, 70, 2005–06, Parliamentary Library, Canberra, 2005; D Daniels, L Buckmaster and M Thomas, Social Security and Other Legislation Amendment Bill 2011, Bills digest, 37, 2011–12, Parliamentary Library, Canberra, 2011, accessed 24 October 2014.

[37].              ‘Young Carer Bursary Programme’, Young Carers website, accessed 24 October 2014.

[38].              Social and Community Services Pay Equity Special Account Act 2012, accessed 26 October 2014.

[39].              Explanatory Memorandum, p. 42.