Bills Digest no. 49, 2016–17
PDF version [621KB]
Michael Klapdor
Social Policy Section
30
November 2016
Contents
Purpose of the Bill
Structure of the Bill and the Bills
Digest
Committee consideration
Senate Community Affairs Committee
Senate Standing Committee for the
Scrutiny of Bills
Policy position of non-government
parties/independents
Position of major interest groups
Financial implications
Statement of Compatibility with Human
Rights
Parliamentary Joint Committee on
Human Rights
Schedule 1—Means testing for social
security benefits
Asset test exemption for students
with a partner in receipt of income support
Background
Table 1: Asset test limits for
allowances as at 1 July 2016
Table 2: Asset test free areas for
full pension and limits for part pension as at 1 July 2016
Key issues and provisions
Means test treatment of private
companies and trusts
Background
Key issues and provisions
Income from gift payments
Background
Key issues and provisions
Parental income test for Youth
Allowance
Background
Key issues and provisions
Schedule 2—Health care cards
Background
Table 3: Income limits for the Low
Income Health Card
Key issues and provisions
Schedule 3—Remoteness structure
Background
Key issues and provisions
Concluding comments
Date introduced: 14
September 2016
House: House of
Representatives
Portfolio: Social
Services
Commencement: Schedule
1 on the first 1 January or 1 July after Royal Assent; Schedule 2
on 1 January 2019; Schedule 3 on 1 January 2017 (if
Royal Assent before 1 January 2017) or the first 1 January or
1 July to occur after Royal Assent (if Royal Assent after 1 January
2017).
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 Federal Register of Legislation
website.
All hyperlinks in this Bills Digest are correct as
at November 2016.
Purpose of the Bill
The purpose of the Social Services Legislation Amendment
(Simplifying Student Payments) Bill 2016 (the Bill) is to amend the Social
Security Act 1991[1]
(the SS Act) to:
- remove
an assets test exemption for student payment recipients who have a partner in
receipt of certain social security or veterans’ payments
- remove
an assets test exemption for student payment recipients who have assets held by
private companies or trusts
- exempt
regular/ongoing gifts from family members from the social security benefit
income tests
- include
tax free pensions and benefits in the parental income test for Youth Allowance
- automatically
provide a Health Care Card to student payment recipients (currently they must
apply and meet certain criteria related to income) and
- update
the remoteness structure for student payments to align with the latest
Australian Statistical Geography Standard (this affects those claiming
Independence under the earnings criteria and eligibility for/payment rate of
Relocation Scholarships). The measure will also mean that the remoteness
structure is updated automatically in the future.
The measures were announced in the 2016–17 Budget and are
expected to have no net fiscal impact over the forward estimates period.[2]
Structure
of the Bill and the Bills Digest
The Bill is divided into three Schedules:
- Schedule
1 provides for the measures affecting the means testing of social security
benefits
- Schedule
2 provides for the Health Care Card measure and
- Schedule
3 provides for the remoteness structure measure.
As the Schedules contain distinct and unrelated measures,
the Bills Digest will address the background, key issues and provisions of each
Schedule in separate sections.
Committee
consideration
Senate
Community Affairs Committee
The Bill was referred to the Senate Community Affairs
Legislation Committee for inquiry and report by 7 November 2016. [3]
The Committee reported on 7 November 2016 and recommended
the Bill be passed.[4]
The Committee’s report did not raise any issues with the Bill and no dissenting
reports or additional comments from other senators were issued.
Senate
Standing Committee for the Scrutiny of Bills
The Senate Standing Committee for the Scrutiny of Bills had
no comment on the Bill.[5]
Policy
position of non-government parties/independents
At the time of writing, none of the non-government parties
or independents had stated their position on the Bill.
Position of
major interest groups
The Australian Council of Social Service (ACOSS) and the
National Welfare Rights Network made submissions to the Senate Community
Affairs Committee’s inquiry into the Bill.[6]
Both stated their support for the Bill and recommended it
be passed.
Financial
implications
According to the Explanatory Memorandum, the Bill will
provide $52,000 in net savings over the forward estimates.[7]
The changes to means testing arrangements for social security benefits will
provide savings of $778,000. The Health Care Card measures will cost an
estimated $726,000 over the forward estimates. The remoteness structure measure
is not expected to have any financial impact.[8]
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.[9]
According to the Statement of Compatibility with Human Rights, Schedules 1–3
engage the right to social security under Article 9 of the International
Covenant on Economic, Social and Cultural Rights (ICESCR) and
Schedule 3 also engages the right to education under Article 13 of the ICESCR.
The Government considers that the Bill is compatible.[10]
Parliamentary
Joint Committee on Human Rights
The Parliamentary Joint Committee on Human Rights considered
the Bill in its Seventh Report of 2016 and found that Bill raised no
human rights concerns.[11]
Schedule
1—Means testing for social security benefits
Schedule 1 proposes changes to social security means testing
arrangements to:
- remove
an assets test exemption for student payment recipients who have a partner in
receipt of certain social security or veterans’ payments
- remove
an assets test exemption for student payment recipients who have assets held by
private companies or trusts
- exempt
regular ongoing gifts from family members from the student payment income tests
and
- include
tax free pensions and benefits in the parental income test for Youth Allowance.
The changes will commence on the first 1 January or 1 July
after Royal Assent.
Asset test
exemption for students with a partner in receipt of income support
Background
Currently, Youth Allowance (YA) recipients who are considered
independent from their parents/carers and Austudy Payment recipients are exempt
from the personal assets test if they have a partner who is in receipt of an
income support payment (such as a pension or allowance).[12]
The personal assets test limits eligibility for YA and Austudy Payment to those
recipients with assets (or combined assets if partnered) below a certain limit.
The current assets test limits are set out in Table 1.
Table 1:
Asset test limits for allowances as at 1 July 2016
Family
circumstances |
Homeowners |
Non-homeowners |
Single |
$202,000 |
$348,500 |
Couple (Combined) |
$286,500 |
$433,000 |
Source: Department of Human Services (DHS), ‘Assets’, DHS website, page updated 3 November 2016.
If the person’s partner is in receipt of a payment other
than YA or Austudy Payment, they will still be subject to an assets test.
However, the pension assets test applies in a different way to the allowance
asset test with pension rates being reduced for assets over a certain threshold
(rather than automatic ineligibility) and much higher asset test limits where
no payment is payable (Table 2).
Table 2:
Asset test free areas for full pension and limits for part pension as at 1 July
2016
|
Free area for
full pension |
Limit for part
pension |
Family
circumstances |
Homeowners |
Non-homeowners |
Homeowners |
Non-homeowners |
Single |
$209,000 |
$360,500 |
$793,750 |
$945,250 |
Couple (Combined) |
$296,500 |
$448,000 |
$1,178,500 |
$1,330,000 |
Source: DHS, ‘Assets’, DHS website, page updated 3 November 2016.
The current asset test exemption for YA and Austudy
Payment recipients with partners in receipt of income support means that these
couples can have a much higher level of assets than other couples (or single
persons) and still receive a government payment. The Minister for Social
Services described the exemption as an ‘anomaly’.[13]
The asset test exemption was included in the means testing
arrangements for YA and Austudy Payment when they were introduced in 1998.[14]
The Explanatory Memorandum for the Bill which created Austudy Payment explained
the exemption in the following way: ‘the couple will already have been subject
to an assets test and therefore need not be tested again’.[15]
While this justification is relevant for couples who are both eligible for
allowance payments, it does not really apply to those with a partner on a
pension as the asset test that applies is different.
As at June 2016, only 7,740 recipients of YA (Student and
Apprentice) were partnered out of 226,515 recipients (3.4 per cent).[16]
5,711 YA (Other) recipients were partnered out of 98,100 recipients (5.8 per
cent) and 10,745 Austudy Payment recipients were partnered out of 48,910
recipients (22.0 per cent).[17]
No data is published on how many of these partners were also in receipt of
income support.
Key issues
and provisions
The measures will affect a small number of YA and Austudy
Payment recipients who, together with their partner, own a significant amount
of assets. Those affected are likely to be those with a partner in receipt of a
pension payment such as Disability Support Pension, Carer Payment or the Age
Pension. Removing the current exemption will ensure these YA and Austudy
Payment recipients will have their means assessed in a similar way to other
income support recipients.
Item 1 repeals subsection 547B(1) of the SS Act
which provides the exemption from the assets test for YA claimants who are
independent but whose partner is in receipt of an income support payment such
as a pension or benefit.
Item 3 repeals sections 573 and 573A of the SS
Act, which provide a similar exemption for Austudy Payment recipients and
substitutes new section 573 to apply the assets test to Austudy Payment
(the payment is not payable where a person’s assets exceed the asset test limit
for allowances/benefits).
Means test
treatment of private companies and trusts
Background
Part 3.18 of the SS Act sets out in detail the way
income and assets of privates companies and trusts are to be assessed under the
social security means tests. The provisions include methods for determining who
has effective control of, or is the source of the funds held by, the trust or
company.[18]
However, these provisions do not apply to the assets test for YA or Austudy
Payment; or to ABSTUDY, an administrative scheme which applies a means test
similar to that used for YA and Austudy Payment.
The assets test treatment of private trusts for YA and
Austudy Payment is very limited and there are no provisions for the assessment
of company assets. For example, Section 547E is the only provision in the YA
assets test relating to trusts:
547E Assets of trust in which
person benefits
A person’s assets include:
(a) any benefit to which the person is entitled directly
or indirectly out of the assets of a trust; and
(b) any asset of a trust that the person can deal with
directly or indirectly to his or her advantage; and
(c) any interest in the assets of a trust which has been
assigned to someone else but which the person can directly or indirectly
control.[19]
The Austudy Payment asset test treatment at section 573D of
the SS Act is identical.
This very limited assessment of private company and trust
assets dates back to introduction of YA and Austudy Payment in 1998.[20]
Key issues
and provisions
The amendments proposed by the Bill will apply the standard
social security means test treatment of private companies and trusts to YA and
Austudy Payment. It is unclear how many recipients of these payments actually
hold assets in private companies or trusts but, given the very small financial
impact of the Bill, it is unlikely to be many.
Items 5–7 amend section 547D of the SS Act to
remove clauses that disregard the application of the Part 3.18 provisions in
the assessment of assets for YA recipients. Item 8 repeals section 547E
(the current YA assessment of private trust assets).
Items 9–10 make similar amendments to the asset test
provisions for Austudy Payment so that the provisions in Part 3.18 will now be
applied.
Income from
gift payments
Background
Currently, different rules apply for pension recipients and
benefit recipients in relation to gifts of money from family members. For
pensioners, income regularly received as a gift from an immediate family member
is not treated as income and is not assessed under the income test. For benefit
recipients (such as Newstart Allowance and YA recipients) such regular gifts
from immediate family members are treated as income and can affect payment
rates under the income test.
The income test exemption for gifts from family members for
pension recipients dates back to 1912 when gifts or allowances from children or
grandchildren were excluded from the assessment of income.[21]
This was extended in 1932 to exclude from the means test, any gifts and
allowances from the person’s husband, wife, father or mother.[22]
In 1958, the exemption was extended to gifts or allowances from a brother or
sister.[23]
These exemptions for gifts and allowances from immediate
family members have not applied to non-pension payments such as the
unemployment benefit (now Newstart Allowance).
There is no published data on how many benefit recipients
currently receive gifts or allowances from immediate family members. It is
likely that such gifts or allowances are under-reported as the amounts would be
provided as cash and would be difficult to track.
Key issues
and provisions
The amendments proposed by the Bill will mean that the
definition of income for the purposes of means testing all social security
payments will exclude periodical payments or benefits by way of gift or
allowance from a parent, child, brother or sister of the payment claimant. This
will effectively extend the current exemption for pension payments to YA,
Austudy Payment, Newstart Allowance and Parenting Payment (Partnered).
Dependent YA recipients (those considered able to draw on
the support of their parents or carers) will still be subject to the parental
income test to determine their eligibility and rate of payment.
While the intent of the amendments is to provide consistency
in the treatment of regular gifts from family members across the social security
system, the issue of how ‘independence’ for YA is determined could lead to perceived
anomalies. The current determination of independence is not based on whether or
not a person is actually receiving support from their family—rather, it can be
determined by a range of different criteria such as the age of the YA recipient
(22 or over), if they are a member of a couple, have a dependent child, have
supported themselves through a set amount of employment or have earned a
certain amount of income since leaving school (and have moved from a regional
or inner regional area), or have parents who cannot exercise their
responsibilities (for example, because they are in prison or mentally
incapacitated).[24]
A young person who does not meet any of these criteria but who receives no
financial support from their parents will still have their parents’ income
taken into account in determining their eligibility for and rate of YA.
However, under the proposed amendments, an independent young person (for
example, a student aged 22) could receive YA and a significant weekly allowance
from their wealthy parents that is not assessed as income; and, because they
are deemed independent, their parents’ income will not be assessed in
determining their eligibility for YA or rate of payment.
This independence issue may give rise to perceived
inequities in the social security system, but overall the changes are
beneficial and will mean family members can provide assistance to income
support recipients without being worried that it will affect their eligibility
for income support.
Items 13–16 repeal the points in the income tests for
the various affected payments that specify that periodical payments or benefits
by way of gift or allowance from a parent, child, brother or sister of the
person are to be included in the person’s ordinary income.
Parental
income test for Youth Allowance
Background
The parental income test for dependent recipients of YA
currently excludes any tax free pensions or benefits the parents are receiving.
While most pensions and benefits are taxable, some are not. Tax free payments
include: Disability Support Pension (for those under age pension age), Carer
Payment (if both the carer and care-recipient are under age pension age), Carer
Allowance and a large number of supplementary payments. Payments such as
Newstart Allowance, Parenting Payment and Age Pension are taxable.
The YA parental income test does not apply to individuals
whose parents are in receipt of a pension, benefit, allowance or veterans’
compensation payment. However, if the parent is not currently in receipt of one
of these payments, the income test would apply and would assess any assessable
income in the appropriate tax year used for the income test (this is usually
the financial year ending in the calendar year prior to the calendar year in
which YA payment is being claimed).[25]
The Family Tax Benefit income test (similar to the YA
parental income test in that it assesses combined parental income) does include
tax free pensions and benefits in its assessment.
Key issues
and provisions
The Bill will amend the SS Act to include tax free
pensions and benefit in the parental income test for YA. The Minister for
Social Services stated in his second reading speech that this will ‘harmonise’
the YA parental income test with the Family Tax Benefit income test:
... so that Family Tax Benefit income details can be
automatically reused for the youth Parental Income Test. Parents will no longer
be required to resubmit their income information to support a youth payment
claim by one of their children.[26]
Aligning the income tests will improve the administration
of these payments and make it easier for claimants.
However, the Bill may negatively affect the children of
those previously in receipt of a tax free payment who could have their payment
rate reduced under the parental income test, or be deemed ineligible (depending
on their total income for the assessed tax year). As noted above, those whose
parents are in receipt of a pension or benefit are not subject to the parental
income test.
Item 18 inserts new paragraph 1067G–F10(d)
which adds ‘the parent’s tax free pensions or benefits’ to the list of income
components assessed as YA claimant’s combined parental income.
Schedule
2—Health care cards
Schedule 2 will allow all students receiving certain
income support payments to automatically access a Health Care Card (HCC) from 1
January 2019. Currently, YA (Student), Austudy Payment and ABSTUDY Living
Allowance recipients must apply for a Low Income HCC, unlike all other income
support payment recipients who qualify for the card automatically with their
payment.
The measure is expected to cost $726,000 over the forward
estimates.[27]
Background
The HCC is one of a number of Commonwealth concession cards
which provide similar (but not identical) access to various concessions. The
main cards are the HCC, the Pensioner Concession Card and the Commonwealth
Seniors Health Card. The Department of Veterans’ Affairs also issues cards
which entitle holders to various concessions (as well as other health/medical
benefits).
HCC holders (and in some cases, their dependants) are
entitled to discounted medicines under the Pharmaceutical
Benefits Scheme; lower expenditure thresholds for accessing the Medicare
Safety Net; incentives for GPs to bulk-bill HCC holders; and discounted mail
redirection through Australia Post. Sickness Allowance recipients holding a HCC
may also receive free hearing services through the Office for Hearing.[28]
Holders may be eligible for a range of concessions from state, territory and
local governments as well as private businesses.
The HCC is automatically issued to people not qualified for
a Pensioner Concession Card and who are receiving:
- Newstart Allowance, Partner Allowance, Sickness Allowance, Widow
Allowance, YA (job seeker), Mobility Allowance, Special Benefit, or Parenting
Payment (partnered), Farm Household Allowance
- Carer Allowance (child)
- Carer Payment (child) on a short-term or episodic basis
- Family Tax Benefit Part A (maximum rate fortnightly instalments).[29]
Newstart Allowance and YA recipients who are single
principal carers of a dependent child or who have a partial capacity to work
will normally receive the Pensioner Concession Card instead of the HCC.
The HCC is also available to some low-income earners
(including student payment recipients), foster carers and former Carer
Allowance (child) recipients who meet eligibility requirements and upon
application.
Eligibility for the Low Income HCC is assessed on gross
income over the eight weeks prior to application for the card—income must be
below a set limit during over that period (Table 3).
Table 3: Income
limits for the Low Income Health Card
Family
circumstances |
Weekly income |
Income in an
eight week period |
Single, no children |
$537.00 |
$4,296.00 |
Couple combined, no children |
$928.00 |
$7,424.00 |
Single, one dependent child |
$928.00 |
$7,424.00 |
For each additional child, add |
$34.00 |
$272.00 |
Source: DHS, ‘Income
test for Low Income Health Care Card’, DHS website, last updated 20 September 2016.
To retain the card, the cardholder’s income must remain under
separate limits over its entitlement period.[30]
As at June 2016, there were around 1.5 million automatic HCC
holders and around 400,000 Low Income HCC holders.[31]
Key issues
and provisions
The Bill will allow full-time students and apprentices to
automatically receive a HCC if they are in receipt of YA, Austudy Payment or
ABSTUDY. This will mean that these payment recipients will no longer have to
apply for, and meet the eligibility requirements for, a Low Income HCC.
The Minister for Social Services stated that the changes
will mean an extra 4,000 students will be made eligible for the HCC.[32]
In total, around 240,000 students will be HCC holders following the changes.[33]
The measures proposed in Schedule 2 are beneficial to those
students who were previously ineligible for the card as they will be able to
access a range of concessions, particularly discounted medicines under the
Pharmaceutical Benefits Scheme. The measures will also mean that other student
payment recipients no longer have to apply for the HCC and provide proof of
eight weeks’ income. This will significantly reduce the administrative burden
on the Department of Human Services (given that there are around 240,000
student HCC-holders).
Item 1 of Schedule 2 replaces current subsection
1061ZK(5) and inserts new subsection 1061ZK(6) to add YA and Austudy
Payment to the list of payments which automatically qualify a recipient for the
HCC, and to provide for recipients of an ABSTUDY Living Allowance to also be
automatically eligible for the HCC.
Schedule
3—Remoteness structure
Schedule 3 will amend the SS Act so that the
geographical classifications used for determining eligibility for some student
payments refers to the most recent Australian Standard Geographical
Classification published by the Australian Bureau of Statistics (ABS), and to
provide for the SS Act to automatically refer to any updated version of
the geographical classifications published by the ABS (which is updated every
five years after the Census).
The amendments will commence on 1 January 2017 or the first
1 January or 1 July to occur after Royal Assent (if not 1 January 2017).
Background
YA recipients whose family home is in an area classified as
inner regional, outer regional, remote or very remote can access some
additional benefits and different eligibility criteria compared to those whose
family home is located in a major city. The location of the recipient’s family
home is categorised according to remoteness structure in the Australia Standard
Geographical Classification 2006.[34]
There are two major benefits for YA recipients which use
the remoteness structure:
- recipients
whose family home is outside a major city can qualify as independent based on
the workforce participation criteria (known as the ‘gap year’ criteria),
provided they are required to live away from home to study and their parental
income is below $150,000 per year[35]
and
- eligibility
for the Relocation Scholarship (worth up to $4,333) is dependent on a student
moving to or from a regional or remote area to study (students who relocate
within or between major cities for study are ineligible for the Relocation
Scholarship).[36]
Other payments, such as the Remote Area Allowance, make
use of different remoteness classifications such as the taxation zones defined
in the Income Tax Assessment Act 1936.[37]
The Australian Standard Geographical Classification 2006
used for the purposes of YA benefits is now out of date. A 2011 edition was
produced but since 2011, the ABS has adopted a new classification system known
as the Australian Statistical Geography Standard.[38]
Key issues
and provisions
Schedule 3 will amend the SS Act so that the
remoteness structure used for certain YA-related criteria refers to the
remoteness structure in the Australian Statistical Geography Standard July 2011
and any replacement standard published by the ABS in the future.[39]
Any replacement document will take effect on the 1 January or 1 July that
occurs after the day the new standard is published. The amendments also provide
for the Secretary to determine via a notifiable instrument that a different
document will be used for the purposes of setting out the remoteness structure
but only if the Australian Statistician has notified the Secretary of the
Department of Social Services that the ABS will no longer be publishing
replacements to the Australian Statistical Geography Standard.
The changes will ensure that the remoteness structure used
for the relevant SS Act provisions is kept up to date.
However, changes to the classification of some areas in the
updated standard will means that some students about to commence studies may no
longer be eligible for the workforce participation independence criteria and
some may no longer qualify a Relocation Scholarship. There are no
grandfathering or transitional provisions and this will mean that some young
people who have delayed commencement of post-secondary study in order to
qualify as independent under the workforce participation criteria may suddenly
find themselves ineligible for this criteria (if their family home is
reclassified as being located in a major city prior to them claiming YA). The
Minister for Social Services stated that the numbers affected in such a way are
likely to be very small.[40]
Those who have already qualified for YA under the workforce participation
criteria will not have their YA qualification reassessed if their family home’s
location is reassessed.
Item 1 of Schedule 3 replaces subsections
1067A(10F) to (10H) of the SS Act with new subsections 1067A(10F) to
(10J) so that the definition of Remoteness structure refers
to the Australian Geography Standard (ASGS): Volume 5 – Remoteness Structure
published by the Australian Statistician, any replacement published by the
Australian Statistician, or another document determined by the Secretary where the
Statistician has advised that they will no longer be publishing a replacement.
Concluding comments
The measures in the Bill will improve the operation of
social security means testing, provide benefits to student payment recipients
and ensure the remoteness structure used for social security is consistent with
the ABS standard. While some issues may arise in relation to the exemption for
regular gift payments to social security recipients, particularly inequities
between some dependent and independent student payment recipients, the overall
impact of the Bill is beneficial.
[1]. Social Security Act
1991.
[2]. Australian
Government, Budget
measures: budget paper no. 2: 2016–17, p. 145.
[3]. Senate
Community Affairs Legislation Committee, Social
Services Legislation Amendment (Simplifying Student Payments) Bill 2016
[Provisions], The Senate, November 2016, p. vii.
[4]. Ibid.,
p. 7.
[5]. Senate
Standing Committee for the Scrutiny of Bills, Alert
digest, 7, 2016, The Senate, 12 October 2016, p. 94.
[6]. Australian
Council of Social Service (ACOSS), Submission
to Senate Community Affairs Legislation Committee, Inquiry into the Social
Services Legislation Amendment (Simplifying Student Payments) Bill 2016, 24
October 2016; National Welfare Rights Network, Submission
to Senate Community Affairs Legislation Committee, Inquiry into the Social
Services Legislation Amendment (Simplifying Student Payments) Bill 2016,
24 October 2016.
[7]. Explanatory
Memorandum, Social Services Legislation Amendment (Simplifying Student
Payments) Bill 2016, p. 2.
[8]. Ibid.
[9]. The
Statement of Compatibility with Human Rights can be found at pages 12–16 of the
Explanatory Memorandum to the Bill.
[10]. Ibid.,
pp. 12–16.
[11]. Parliamentary
Joint Committee on Human Rights, Report
7 of 2016, 11 October 2016, p. 100.
[12]. Department
of Social Services (DSS), ‘4.2.8.30
Independent YA – personal assets test & limits’, Guide to social
security law, version 1.227, DSS website, last reviewed 11 August 2014.
[13]. C
Porter, ‘Second
reading speech: Social Services Legislation Amendment (Simplifying Student
Payments) Bill 2016’, House of Representatives, Debates, 14
September 2016, p. 856.
[14]. Social Security
Legislation Amendment (Youth Allowance) Act 1998; Social Security Legislation
Amendment (Youth Allowance Consequential and Related Measures) Act 1998.
[15]. Explanatory
Memorandum, Social Security Legislation Amendment (Youth Allowance
Consequential and Related Measures) Bill 1998, p. 11.
[16]. DSS,
‘DSS
demographics June 2016’, data.gov.au website, last updated 13 October 2016.
[17]. Ibid.
[18]. Explanatory
Memorandum, Social Services Legislation Amendment (Simplifying Student
Payments) Bill 2016, p. 2.
[19]. Social
Security Act 1991, s. 547E.
[20]. Social Security
Legislation Amendment (Youth Allowance) Act 1998; Social Security
Legislation Amendment (Youth Allowance Consequential and Related Measures) Act
1998.
[21]. Invalid and
Old-age Pensions Act 1912. At the time, invalid pension applications
from those deemed to be adequately maintained by their relatives could be
refused. From 1932–1935, maintenance contributions from the relatives of old
age pension claimants were also required—and a claimant would become ineligible
if their relatives could support them. The provisions requiring contributions
from relatives for old-age pensioners were repealed in 1935. The adequate
maintenance provisions for invalid pensions were not fully repealed until 1952.
See TH Kewley, Social
security in Australia: 1900–72, Sydney University Press, Sydney, 1973,
pp. 126–128, p. 288.
[22]. Financial
Emergency Act 1932. See footnote 21 regarding the requirement that
family members support old age pensioners, introduced in the same Act.
[23]. Social Services
Act 1958.
[24]. DSS,
‘3.2.5.10
Qualification for YA & DSP as an independent young person’, Guide to
social security law, version 1.227, DSS website, last reviewed 9 February
2015.
[25]. DSS,
‘4.2.8.10
Dependent YA – parental income test & limits’, Guide to social
security law, version 1.227, DSS website, last reviewed,
1 July 2016.
[26]. Porter,
‘Second reading speech: Social Services Legislation Amendment (Simplifying
Student Payments) Bill 2016’, op. cit., p. 855.
[27]. Explanatory
Memorandum, Social Services Legislation Amendment (Simplifying Student
Payments) Bill 2016, p. 2.
[28]. DHS,
‘Health
Care Card’, DHS website, last updated 25 August 2016.
[29]. DHS,
‘Eligibility
for a Health Care Card’, DHS website, last updated 27 June 2016.
[30]. DHS,
‘Income
test for Low Income Health Care Card’, DHS website, last updated 20
September 2016.
[31]. DSS,
‘DSS
Demographics June 2016’, data.gov.au website, last updated 13 October 2016.
[32]. Porter,
‘Second reading speech: Social Services Legislation Amendment (Simplifying
Student Payments) Bill 2016’, op. cit.
[33]. Ibid.
[34]. Australian
Bureau of Statistics (ABS), Statistical
geography volume 1 – Australian Standard Geographical Classification (ASGC),
cat. no. 1216.0, ABS, Canberra, July 2006.
[35]. Independent
for YA purposes means that the claimant is not subject to the parental income
test, which can affect their eligibility or payment rate of YA. The workforce
participation criteria for independence allows students from outside major
cities to be deemed as independent if they have been undertaking part-time
employment of 15 hours per week for at least two years since they left secondary
school or if they have had cumulative earnings totalling 75 per cent of Wage
Level A of the National Training Wage in an 18-month period since they left
secondary school. DSS, ‘3.2.5.80 YA
& DSP – self-supporting through paid employment’, Guide to social
security law, version 1.227, DSS website, last reviewed
1 July 2015; DHS, ‘Independence
for Youth Allowance’, DHS website, last updated 11 August 2016; DSS, ‘1.1.N.12
National Training Wage schedule rate (YA, DSP)’, Guide to social
security law, version 1.227, DSS website, last reviewed 15 August 2016.
[36]. DHS,
‘Eligibility
for the Relocation Scholarship’, DHS website, last updated 11 August 2016.
[37]. DSS,
‘1.1.R.150
Remote area (RAA)’, Guide to social security law, version 1.227, DSS
website, last reviewed 1 July 2016.
[38]. ABS,
‘Australian
Standard Geographical Classification (ASGC)’, ABS website, last updated 10
June 2014.
[39]. ABS,
‘Australian
Statistical Geography Standard (ASGS)’, ABS website, last updated 10 June
2014.
[40]. Porter,
‘Second reading speech: Social Services Legislation Amendment (Simplifying
Student Payments) Bill 2016’, op. cit., p. 857.
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