Bills Digest no. 7 2008–09
Social Security and Veterans' Entitlements Legislation Amendment
(One-off Payments and Other Budget Measures) Bill 2008
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage history
Purpose
Background
Main provisions
Concluding comments
Contact officer & copyright details
Passage history
Date
introduced: 14
May 2008.
House: House of Representatives
Portfolio: Families, Housing, Community Services
and Indigenous Affairs.
Commencement:
There are various
commencement dates for different schedules and sections in this
Bill and these are set out in the Table in Clause
2 of the Bill.
Links: The
relevant links to the Bill, Explanatory Memorandum and second
reading speech can be accessed via BillsNet, which is at http://www.aph.gov.au/bills/.
When Bills have been passed they can be found at ComLaw, which is
at http://www.comlaw.gov.au/.
To provide:
- the legislative basis for one-off payments to older Australians
and carers in accordance with measures announced in the 2008-09
Budget, and
- for the continuing entitlements to concession cards for persons
who are temporary absent overseas for periods of less than 13
weeks.
This Bill was presented to the House of
Representatives on 14 May 2008, being the day after the 2008-09
Budget was delivered by the Treasurer on 13 May 2008. The Bill was
passed by the House unamended on the same day and presented in the
Senate on the next day, being 15 May 2008. The Bill was passed by
the Senate unamended on the same day. The Bill was granted the
Royal Assent on 26 May 2008.[1]
The Government announced in the 2008-09
Budget, a one-off $500 bonus payment to some senior
Australians.[2] The
seniors bonus is to be paid to seniors on a government income
support payment or entitled to the Seniors Concession Allowance
(SCA)[3], as at 13
May 2008.
The older persons entitled to the seniors
one-off bonus payment of $500 under the Social Security Act
1991 (SSA) will be those aged who, on 13 May 2008 are:
- aged over age pension age (that is 65 years for males and 631/2
years for females), and
- are qualified to receive an income support payment as defined
in subsection 23(1) of the Social Security Act 1991
(SSA).[4].
The older Australians entitled to the one-off
bonus payment of $500 under the Veterans Entitlements Act
1986 (VEA) will be those who, on 13 May 2008 have reached
pension age as defined in section 5Q of the VEA, being:
- for a veteran[5]
this is 60 for males and 58 for females,
- for those who are not veterans, the pension age under the VEA
is the same as for the age pension provided under the SSA; that is
65 for males and 63 for females.
The income support recipients eligible for the
seniors bonus provided for under the VEA will need to be on a
service pension or ISS on 13 May 2008.
The other group also qualified for the one-off
$500 bonus payment are those eligible to the Seniors Concession
Allowance (SCA) on 13 May 2008. The SCA is a $125 payment paid
quarterly to holders of a Commonwealth Seniors Health Card (CSHC).
Persons who qualify for a CSHC are those aged over age pension age
who have an annual adjusted taxable income[6] of less that $50 000 (single) or $80
000 (partnered combined).
The Minister for Families, Housing, Community
Services and Indigenous Affairs the Hon. Jenny Macklin, MP has
stated that the Government s purpose in making the one-off $500
payment for older Australians was:
that the government understands that the rising
cost of living is putting many Australians, especially seniors and
carers, under increasing financial pressure. The government s
commitment to providing the bonus payments to carers and seniors is
a modest measure to relieve some of this financial
pressure.[7]
In the Financial Impact Statement in the
Explanatory Memorandum the costs of the one-off $500 payment to
older Australians is estimated to be $1 374.5 million in 2007-08,
$0.5 million in 2008-09, and $0.0 million thereafter.[8] The $0.5 million in the
2008-09 year largely arises from payments to eligible older
Australians which are made at a later date. For example, where a
person claims an age pension on 10 May 2008 and it may take some
weeks to determine their qualification and the rate payable. When
payments commence, the one-off $500 will also be paid.
The one-off $500 payment announced in the
Budget is very much like one-off payments in previous Budgets.
These payments have been:
- July 2000. An aged persons savings bonus of up to $1 000 and a
self-funded retirees supplementary bonus of up to $2 000. These
bonuses were paid as a part of the compensation measures for the
introduction of the Goods and Services Tax (GST).[9]
- 2001-02 Budget. A one-off aged persons bonus of $300 to all
persons who were over age pension age and on an income support
payment.[10]
- 2004-05 Budget. A one-off lump sum payment of $600 to families
for each qualifying child for the Family Tax Benefit Part A (FTB-A)
and for each child aged up to 18 years to whom youth allowance was
paid.[11]
- 2004-05 Budget. A one-off carer bonus payment of $1 000 to each
person in receipt of carer payment and $600 to each recipient of
carer allowance.[12]
- 2005-06 Budget. A one-off carer bonus payment of $1 000 to each
person in receipt of carer payment and $600 to each recipient of
carer allowance for each person in their care.[13]
- 2006-07 Budget. A one-off carer bonus payment of $1 000 to each
person in receipt of carer payment and $600 to each recipient of
carer allowance for each person in their care.[14]
- 2007-08 Budget. A one-off $500 payment to senior Australians
over age pension age and on an income support payment or to a
holder of a CSHC.[15]
- 2007-08 Budget. A one-off carer bonus payment of $1 000 to each
person in receipt of carer payment and $600 to each recipient of
carer allowance for each person in their care.[16]
The last one-off payment to senior Australians
was provided in the 2007-08 Budget.[17]
The provision of a
one-off tax-free bonus payment, that is also not included as income
under the income test applied under the SSA or the VEA, provides
financial assistance to recipients. There is now a pattern of
one-off payments being provided by governments and they have been a
feature of the last four Budgets. The benefits of one-off payments
are temporary. Once the money has been expended there is no more
benefit. If recipients of income support payments and the SCA are
considered by a government to require this consistent financial
assistance, perhaps an increase in the on-going rate of payments or
assistance provided might be a better way of providing
assistance.
Schedule 2 proposes to insert
into the SSA and the VEA provisions to empower the respective
Minister to set up an administrative scheme under which one-off
payments could be made to senior Australians in particular
circumstances. The Minister would be able, by way of a legislative
instrument, to prescribe who should be paid and how much they
should be paid. Under the Legislative Instruments Act 2003
(LIA), legislative instruments are generally disallowable by the
Parliament.[18]
Provisions, like those in Schedule
2, have been presented in other one-off payment Bills in
the past. Schedule 2 is basically an insurance
policy empowering the Minister to provide a bonus payment to an
older Australian, by way of an administrative scheme, who some
unforseen reason was not captured by the legislative intention of
the Bill and so did not get a payment under the provisions in
Schedule 1. Use of an administrative scheme
provides for the payment without having to come back to the
Parliament with another Bill to provide for the payment.
Note that Schedule 2 (at sub-items
1(4) and 2(4)) contain standing appropriations. That is,
they authorise as much money as necessary to be drawn from the
Consolidated Revenue Fund to make the one-off payments under the
relevant administrative schemes. There is no upper limit to these
appropriations, although in practice the amount needed to fund such
one-off payments under the schemes is likely to be modest.
Schedule 3 provides for
one-off bonus payments of $1 000 and also $600 to different
categories of carers. Some carers can receive both bonus
payments.
A $1 000 one-off bonus payment is to be
provided to:
Carer Payment (CP)[19] recipients qualified to CP on 13 May
2008,
Carer Service Pension recipients qualified to
payment on 13 May 2008,
Wife Pension recipients also entitled to Carer
Allowance (CA) on 13 May 2008, and
Partner Service Pension recipients also
entitled to CA on 13 May 2008.
Carers who claim one of the qualifying income
support payments (CP or Carer Service Pension) on or shortly before
13 May 2008 and are subsequently paid in respect of 13 May 2008
will be eligible for the bonus payment.
A one-off $600 bonus payment will also be
provided to each recipient of CA qualified to CA payment on 13 May
2008. However, unlike the $1 000 bonus payments to designated
income support recipients, carers who claim CA after 13 May 2008
and are subsequently paid in respect of 13 May 2008 by way of the
CA backdating processes, will not be entitled to the $600 bonus
payment. Under the start date provisions for CA, the start date of
payment can be up to 12 weeks prior to the date of lodgement of the
CA claim.[20] This
backdating of payment prior to the date of claim for CA does not
apply to the pension income support payments, for which payment can
only commence from the date of claim.
The Government has described the purpose of
the bonus payments to carers as follows:
The Government's commitment to providing the
carers bonus is a modest measure to relieve some of the financial
pressure on carers.[21]
and
The Rudd Government recognises the invaluable
role of carers in our community, and the personal and financial
pressures they face. We are currently examining ways of providing
greater security to carers.[22]
In the Financial Impact Statement in the
Explanatory Memorandum the one-off $1 000 and $600 payments to
carers were estimated to cost $426.7 million in 2007-08, $1.4
million in 2008-09 and $0.0 million thereafter.[23] The $1.4 million in the 2008-09
year largely arises from later payments to eligible CP recipients
paid at a later date who are eligible for the payment. For example,
where a person claims a CP on 10 May 2008, it may take some weeks
to determine their qualification and the rate payable. When
payments do eventually commence, payment is back paid to the date
of claim.
This is the fourth successive Budget that
carers have received a one-off cash bonus payment. As said about
the one-off cash bonus to older Australians, the benefits of
one-off payments are temporary. Once the money has been expended
there is no more benefit. If carers are considered by a government
to require this consistent extra financial assistance, perhaps an
increase in the on-going rate of payments or assistance provided
might be a better way of providing assistance.
Schedule 4 provides for an
administrative scheme that can be implemented by the Minister by
way of a legislative instrument. This is very much like the
administrative scheme arrangements provided for by Schedule
2 for the lump sum payments to senior Australians as set
out in Schedule 1. The comments provided about
Schedule 2 above, referring to an administrative
scheme also apply to Schedule 4 of the Bill; that
is, it allows the Minister to pay a carer a lump sum payment at a
later date, using an administrative scheme, where it is considered
the carer should receive a payment. Under the Legislative
Instruments Act 2003 (LIA), legislative instruments are
generally disallowable by the Parliament.[24]
Note that, like Schedule 2, Schedule 4
(at sub-item 1(4)) contains a standing appropriation. That
is, it authorises as much money as necessary to be drawn from the
Consolidated Revenue Fund to make the one-off payments under the
administrative scheme. There is no upper limit to these
appropriations, although in practice the amount needed to fund such
one-off payments under the scheme is likely to be modest.
This measure to cease the automatic
cancellation of a concession card where a person goes overseas was
announced in the 2008-09 Budget.[25] Prior to the amendments to the SSA and the VEA
presented in Schedule 5, concession cards were
cancelled where a person departed Australia. The reason for this is
that the cards purpose is for the card holder to access concessions
while the person is present in Australia.
The government said when announcing the
measure in the 2008-09 Budget that:
Introducing portability of concession cards
will reduce the administrative burden for customers and the cost
attached to cancelling and reissuing cards.[26]
In the Financial Impact Statement in the
Explanatory Memorandum the extension of access to a concession card
while temporarily overseas for up to 13 weeks is estimated to cost
$2.2 million in 2007-08, $4.5 million in 2008-09, $4.9 million in
2009-10 and $4.9 million in 2010-2011.[27]
Item 1 inserts a new Division
4 at the end of Part 2.2B of the SSA which provides for the one-off
bonus payment for older Australians on a prescribed income support
payment under the SSA or to the holder of a CSHC issued under the
SSA. Items 3 to 10 amend provisions in the SSA for
the treatment of debts, arising from the one-off lump sum payments.
This means that the 2008-09 Budget one-off lump sum payment will be
subject to the existing debt provisions for the previous one-off
lump sum payments.
Items 11 to 14 amend the
Social Security (Administration) Act 1999 (SSAA) to
prescribe that there need not be a claim required for the lump sum
payments and to pay the bonus amount in a lump sum.
Item 15 inserts a new Part
VIIF into the VEA which provides for the one-off bonus payment for
older Australians on a prescribed income support payment under the
VEA or to the holder of a CSHC issued under the VEA.
Item 16 amends
existing subsection 159J(6) of the Income Tax
Assessment Act 1936 (ITAA1936) and Item 17
amends existing section 11-15 of the Income
Tax Assessment Act 1997 (ITAA1997), so that the one-off bonus
payments to older Australians are not taxable income and are also
exempt from income tax respectively. This is consistent with the
tax treatment of previous one-off bonus payments. Items 18
to 21 do the same in respect of any one-off bonus payments
provided under the administrative scheme arrangements which are set
out in Schedule 2 of the Bill.
Item 26 amends the SSA to
insert proposed paragraphs 8(8)(yf) and (yg) so
that the one-off bonus payments to older Australians are not income
for the income test under the SSA. This is consistent with the
income test treatment of previous one-off bonus payments.
Item 37 amends the VEA to insert proposed
paragraphs 5H(8)(zzae)and (zzaf) so that the one-off bonus
payments to senior Australians are not income for the income test
under the VEA. This is consistent with the income test treatment of
previous one-off bonus payments to older Australians.
Item 1 provides for an
administrative scheme for the payment of the $1 000 one-off bonus
payment to older Australians. The scheme empowers the Minister for
Families, Housing, Community Services and Indigenous Affairs to may
make a one-off bonus payment to an older Australian by way of an
administrative scheme set up by a legislative instrument.[28] This would be for
cases where it is considered the person should get a payment but
the provisions in Schedule 1 do not provide for a
payment. Item 2 does the same as Item
1 but for the VEA and the Minister for Veterans
Affairs.
Item 1 inserts
proposed sections 269-276 into the SSA for the
payment of the $1 000 one-off bonus payment to carers on a
designated income support payment. Proposed section
269 stipulates the person is qualified for the one-off
payment if they were qualified for carer payment on 13 May 2008.
Proposed section 271 does the same for a person
qualified to wife pension and also to CA on 13 May 2008.
Proposed section 273 does the same for a person
qualified to partner service pension under Part III of the VEA and
also to CA on 13 May 2008. Proposed section 275
does the same for a person qualified to carer service pension under
subclause 8(2) or (4) of Schedule 5 to the VEA on 13 May 2008.
Item 2 inserts
proposed sections 992WD-992WF for the payment of
the one-off $600 payment to CA recipients qualified to CA on 13 May
2008. Item 3 inserts provisions to provide that
where a CA claim is backdated to commence payment before the actual
date of claim, and this backdating crosses over 13 May 2008, this
person is not qualified to the one-off payment. Item
7 amends the SSAA by repealing the existing sections
12AA-12AD and inserting proposed section 12AA. The
effect of the amendments is to consolidate provisions not requiring
a claim for the one-off payments.
Item 8 amends subsection
47(1) of the SSAA by inserting proposed paragraphs
47(1)(ho)-47(1)(hs). This adds in the one-off payments to
carers to the list of lump sum payments that are exempt as income
for the income test applied under the SSA. This is consistent with
the income test treatment of previous one-off bonus payments to
carers.
Items 11 and 12 amend
existing subsection 159J(6) of the ITAA1936 so
that the one-off bonus payments to carers on CA are not taxable
income. CA is not taxable income but these provisions make it clear
that the bonus payments to CA recipients are also not taxable
income. Item 13 which also amends existing
subsection 159J(6) does likewise for administrative scheme
payments as provided for in Schedule 4 of the
Bill. Item 14 amends existing
section 11-15 of the ITAA1997, so that the one-off bonus
payments to carers on CA are exempt from income tax. This is
consistent with the tax treatment of previous one-off bonus
payments to carers.
Item 33 inserts
proposed paragraph 8(8)(jae) into the SSA so that
the one-off bonus payments to carers on CA paid under an
administrative scheme are not income for the income test under the
SSA. This is consistent with the income test treatment of previous
one-off bonus payments.
Items 34 to 67 are
consolidation provisions in the SSA referring to the one-off
payments to carers.
Item 71 amends the VEA to
insert proposed paragraph 5H(8)(zze) so that any
one-off bonus payment to carers under an administrative scheme as
described in Schedule 4 of the Bill, is not income
for the income test applied under the VEA. This is consistent with
the income test treatment of previous one-off bonus payments to
carers.
However, this amendment only refers to a
one-off lump sum payment to a carer made under Schedule
4 of the Bill. There is no corresponding reference to a
lump-sum payment to a carer, provided under Schedule
3 of the Bill, to be likewise exempt as income. There are
amendments to the SSA and the SSAA in this Bill to exempt a
lump-sum payment to a carer made under Schedules 2 and
3 of the Bill as income for the income test applied under
the SSA. There should be like provisions for the VEA income test
provisions. This may be an oversight in the drafting of the
Bill.
Item 1 provides for an
administrative scheme for the payment of the $600 one-off bonus to
carers. The scheme empowers the Minister for Families, Housing,
Community Services and Indigenous Affairs to make a one-off bonus
payment to a carer by way of an administrative scheme set up by a
legislative instrument.[29] This would be for cases where it is considered the
carer should get a $600 payment but the provisions in
Schedule 3 of the Bill do not provide for a
payment.
Amendments to the Social Security
Act 1991
Item 1 inserts into
subsection 6A(1) of the SSA, the proposed
definition of the term concession card , which includes a pensioner
concession card, a health care card and a seniors health card.
Items 2 to 11 insert notes
into various sections in the SSA, stating that a person continues
to be entitled to the various different concession cards for a
maximum period of up to 13 weeks while the person is temporary
absent from Australia.
Item 12 inserts new
Division 4 of Part 2A.1 of the SSA. Proposed
sections 1061ZUA-1061UZC set out the qualification
criteria where a concession card is not to be cancelled during a
temporary absence from Australia.
Amendments to the Veterans
Entitlements Act 1986
Items 15 to 21 amend
existing section 118V of the VEA. Section 118V
sets out the qualification criteria for eligibility to the CSHC.
The amendments will allow qualification for the CSHC during
temporary absences overseas of up to 13 weeks.
Part 2 of Schedule 5 of the
Bill contains provisions contingent on the passage of the
Veterans Entitlements Legislation Amendment (2007 Election
Commitments) Act 2008[30] prior to the passage of this
Bill. The Veterans Entitlements Legislation Amendment (2007
Election Commitments) Act 2008 gained Royal Assent on 25 June
2008.[31]
The Veterans Entitlements Legislation
Amendment (2007 Election Commitments) Act 2008 changed the
qualification criteria to ISS expanding access to all War Widow
s/er s Pension (WWP) recipients. That Act changed references to
when a person, who is not a veteran, reaches qualifying age for age
pension.[32] The
VEA now has the same qualifying age for women (non-veterans) as
applies in the SSA. These are being incrementally moved up to age
65.[33] As a result
the provisions in Part 2 of Schedule 5 referring
to the qualifying age for persons other than veterans, were
contingent on the changes to this age that were made to the VEA by
the Veterans Entitlements Legislation Amendment (2007 Election
Commitments) Act 2008.
The bonus payments to some older Australians
and to some carers presented in this Bill are beneficial and will
be welcomed by the recipients. The Bill mirrors like bonus payment
Acts arising from previous Budgets, the carer bonus payments in
particular having also been made in the previous four Budgets.
There is no provision for on-going bonus
payments in future Budgets. The government has announced a tax
review to:
report on the tax system and also on take into
account the relationships of the tax system with the transfer
payments system and other social support payments, rules and
concessions, with a view to improving incentives to work, reducing
complexity and maintaining cohesion.[34]
The government has said it is currently
examining ways to further assist carers.[35] The House of Representatives Standing
Committee on Family, Community, Housing and Youth also announced on
14 May 2008 a parliamentary inquiry to investigate how carers can
be better supported in their vital role.[36]
[4]. income support payment means a payment of:
(a) a
social security benefit,
(aa) a
job search allowance,
(b) a
social security pension,
(c) a
youth training allowance,
(d) a
service pension; or
(e)
Income Support Supplement (ISS).
[7]. The Hon. Jenny
Macklin, MP, Minister for Families, Housing, Community Services,
and Indigenous Affairs, Second reading speech , Social Security and
Veterans' Entitlements Legislation Amendment (One-off Payments and
Other Budget Measures) Bill 2008, House of Representatives,
Debates, 14 May 2008, p. 2623. http://www.aph.gov.au/hansard/hansreps.htm
[8]. Explanatory
Memorandum, Financial Impact Statement.
[9]. Lesley Lang, A New Tax System (Bonuses for Older
Australians) Bill 1998, Bills Digest No. 93, 1998-99,
Department of the Parliamentary Library, Canberra. http://www.aph.gov.au/library/pubs/bd/1998-99/99bd093.htm
[10]. Department of Treasury, 2001-02 Budget papers,
Portfolio Budget Statement, Department of Family and Community
Services Portfolio, Budget Related Paper No. 1.8,
Canberra, 14 May 2001, p. 176. http://www.budget.gov.au/2001-02/
[11]. Department of Treasury, 2004-05 Budget papers,
Portfolio Budget Statement, Department of Family and Community
Service Portfolio, Budget Related Paper No. 1.8, Canberra,
11 May 2004, p. 51.
http://www.facs.gov.au/internet/facsinternet.nsf/aboutfacs/budget/budget2004-pbs.htm#budget
[13]. Department of Treasury, 2005-06 Budget papers,
Budget Paper No. 2 - Budget Measures, Canberra, Australia,
10 May 2005, p. 160. http://www.budget.gov.au/2005-06/bp2/html/index.htm
[14]. Department of Treasury, 2006-07 Budget papers,
Budget Paper No. 2 - Budget Measures, Canberra, Australia,
9 May 2006, p. 209. http://www.budget.gov.au/2006-07/bp2/html/index.htm
[17]. Peter Yeend,
Social Security and Veterans Affairs Legislation Amendment (One-off
Payments and Other 2007 Budget Measures) Bill 2007, Bills
Digest No. 1, 2007-08, Parliamentary Library, Canberra, 30
August 2007. http://www.aph.gov.au/library/pubs/bd/bd07-08n.htm
[19]. A person get Carer Payment (adult) if they provide
constant care in the home of the person they care for and they
are:
- a person aged 16 or over with a severe disability or medical
condition, or
- an adult with moderate care needs and supervision of their
dependent child if this child is under six years of age, or between
six and 16 years of age and attracts payment of Carer
Allowance
The person cared for needs to:
- be over 16 and getting an income support payment from
Centrelink, a Veterans' Affairs Service Pension or Partner Service
Pension, or
- be unable to get any of these payments because they have not
lived in Australia long enough to qualify, or
- meet the special care receiver income and assets limits.
A person
may get Carer Payment (child) if they provide constant care in the
home of the person they care for and they are:
- a child under the age of 16 with a profound disability or
medical condition who has extremely high care needs, or
- two or more children under the age of 16 with severe
disabilities or medical conditions who together require an
extremely high level of care (this rule does not apply if the
children have severe intellectual, psychiatric or behavioural
medical/disability conditions).
[23]. Explanatory
Memorandum, Financial Impact Statement.
[25]. The Treasurer, Budget Measures Budget
Paper No. 2 2008-09 Budget, Canberra, 13 May 2008, Responsible
Economic Management - Concession Cards - retention while
overseas, p. 382. http://www.budget.gov.au/2008-09/content/bp2/html/index.htm
[27]. Explanatory
Memorandum, Financial Impact Statement.
[32]. VETERANS' ENTITLEMENTS ACT 1986 SECT 5QB -
Pension age for persons other than veterans
(1) This section deals with the pension age
for persons other than veterans.
Men
(2) A man reaches pension age when he
turns 65 years.
Women
(3) A
woman born before 1 July 1935 reaches pension age when she
turns 60 years.
(4) A
woman born within the period specified in column 2 of an item in
the following Table reaches pension age when she turns the
age specified in column 3 of that item.
|
Column
Item no.
|
Column 2
Period within which woman was born (both dates
inclusive)
|
Column 3
Pension age
|
|
1.
|
From 1
July 1935 to 31 December 1936
|
60 years
and 6 months
|
|
2.
|
From 1
January 1937 to 30 June 1938
|
61
years
|
|
3.
|
From 1
July 1938 to 31 December 1939
|
61 years
and 6 months
|
|
4.
|
From 1
January 1940 to 30 June 1941
|
62
years
|
|
5.
|
From 1
July 1941 to 31 December 1942
|
62 years
and 6 months
|
|
6.
|
From 1
January 1943 to 30 June 1944
|
63
years
|
|
7.
|
From 1
July 1944 to 31 December 1945
|
63 years
and 6 months
|
|
8.
|
From 1
January 1946 to 30 June 1947
|
64
years
|
|
9.
|
From 1
July 1947 to 31 December 1948
|
64 years
and 6 months
|
(5) A
woman born on or after 1 January 1949 reaches pension age
when she turns 65 years.
Peter Yeend
25 August 2008
Bills Digest Service
Parliamentary Library
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