Bills Digest No. 109, 2016–17
PDF version [609KB]
Michael Klapdor
Social Policy Section
14
June 2017
Contents
Purpose of the Bill
Background
Energy Assistance Payment
Pensioner Concession Card
reinstatement
Pensioner Concession Card
Asset test changes
Committee consideration
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
Key issues and provisions
Schedule 1—Energy Assistance Payment
Qualifying payments
Allowance payments excluded
New payment at odds with policy to
remove Energy Supplement
Key provisions
Social Security Act 1991
Veterans’ Entitlements Act 1986
Income Tax Assessment Act 1997
Schedule 2—Pensioner Concession Card
Minor difference in Commonwealth
entitlements
Energy Supplement
Key provisions
Social Security Act 1991
Veterans’ Entitlements Act 1986
Date introduced: 24
May 2017
House: House of
Representatives
Portfolio: Social
Services
Commencement: Schedule
1 on Royal Assent and Schedule 2 on 9 October 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 June 2017.
Purpose of
the Bill
The purpose of the Social Services Legislation Amendment
(Energy Assistance Payment and Pensioner Concession Card) Bill 2017 (the Bill)
is to amend the Social
Security Act 1991 (SS Act), the Social Security
(Administration) Act 1999, the Veterans’
Entitlements Act 1986 and the Income Tax
Assessment Act 1997 to:
- pay
a one-off energy assistance payment (EAP) to recipients of certain pension and
veterans’ payments on 20 June 2017 and
- reinstate
a Pensioner Concession Card (PCC) to former recipients of certain social
security pensioners and veterans’ payments who had their payments cancelled as
result of asset test changes that commenced 1 January 2017.
The EAP measure was announced in March 2017 as part of a
deal to secure passage of a company tax cut and was included in the 2017–18
Budget.[1]
The PCC measure was announced in the 2017–18 Budget.[2]
Background
Energy
Assistance Payment
The EAP will be a one-off payment of $75 for single
recipients and $125 for couple recipients (combined) paid to those to whom a qualifying
payment is payable on 20 June 2017 and who are resident in Australia. The
qualifying payments are Age Pension, Disability Support Pension (DSP),
Parenting Payment Single (PPS), Service Pension, veterans’ Income Support
Supplement, veterans’ Disability Pension, War Widow(er)’s Pension, permanent
impairment payments under the Military
Rehabilitation and Compensation Act 2004 and the Safety, Rehabilitation
and Compensation Act 1988, and the Special Rate Disability Pension
under the Military Rehabilitation and Compensation Act 2004.
The payment was
announced as part of a deal between the Government and the Nick Xenophon Team
(NXT) to secure passage of the Treasury Laws Amendment (Enterprise Tax Plan)
Bill 2016.[3]
The Government agreed to the one-off payment despite
pursuing a separate measure to remove the existing Energy Supplement payment to
new recipients of income support payments (including all pensions and
allowances).[4]
The existing Energy Supplement was introduced as part of the carbon price
compensation package in 2013.[5]
Per year, it is worth around four to five times the amount of the EAP for
pensioners ($366.60 for single pensioners and $551.20 for couple pensioners
(combined)).[6]
Prior to the 2013 election, the Coalition committed to removing the carbon
price but keeping the compensation package.[7]
However, it has since changed this position and determined that there is no
‘need for ongoing carbon tax compensation for new welfare recipients’.[8]
The Government has passed legislation to stop payment of
the Energy Supplement to new recipients of Family Tax Benefit and new holders
of the Commonwealth Seniors Health Card (CSHC) from 20 March 2017.[9]
However, it has been unable to pass legislation to remove the Energy Supplement
for other payment types.[10]
Pensioner
Concession Card reinstatement
Pensioner
Concession Card
The PCC is automatically provided to recipients of pension
payments, the Service Pension, the veterans’ Income Support Supplement, and to
some allowance payment recipients in special circumstances.[11]
The PCC provides access to discounted medicines under the Pharmaceutical
Benefits Scheme and a range of other benefits including:
- lower
expenditure thresholds for accessing the Medicare Safety Net
- incentives
for GPs to bulk-bill PCC holders
- free
hearing services through Australian Hearing
- discounted
mail redirection through Australia Post and
- a
range of concessions from state, territory and local governments such as
discounted energy bills, discounted rates, reduced public transport fares,
discounted motor vehicle registration and licence costs.[12]
Apart from the PCC, the Commonwealth offers two other main
concession cards: the Health Care Card (HCC) and the CSHC.[13]
The HCC is primarily provided to some allowance payment recipients and
low-income earners while the CSHC is provided to those over Age Pension age who
do not qualify for the Age Pension because of their income and asset levels.
The CSHC has an income test but no assets test.
Both the CSHC and HCC provide access to discounted
medicines under the Pharmaceutical Benefits Scheme, the lower Medicare Safety
Net thresholds, GP bulk-billing incentives and discounted mail redirection but
neither card provides access to subsidised hearing services in the same way as
the PCC.[14]
Concessions available from state, territory and local governments also vary
between the type of cards and a more limited range of concessions is available
to HCC and CSHC cardholders in many jurisdictions when compared with the PCC.
CSHC holders who first claimed the card on or before 19
September 2016 (or who were receiving an income support payment on or before 19
September 2016 and claimed the CSHC within six weeks of stopping income
support) also receive the Energy Supplement.[15]
As discussed above, the Government recently passed legislation to stop payment
of the Energy Supplement to new CSHC holders from 20 March 2017 (those who
first claimed a CSHC between 20 September 2016 and 19 March 2017 had the Energy
Supplement removed).
Asset test
changes
Changes to the social security assets test which commenced
on 1 January 2017 resulted in a group of pensioners and veterans’ payment
recipients losing eligibility for their payment and therefore losing their PCC.[16]
As part of the measure which commenced on 1 January 2017, those who lost
eligibility for their payment as a result of the asset test changes were
automatically granted either a CSHC (for those over pension age) or an HCC (for
those under pension age).
The asset test changes were effected through the Social Services
Legislation Amendment (Fair and Sustainable Pensions) Act 2015. There
were two changes:
- an
increase in the asset test free areas—allowance recipients with assets valued
over the free area are no longer eligible for payment while pensioners with
assets over the free area have their payment rate reduced and
- an
increase in the taper rate—the rate at which fortnightly pension rates are
reduced for assets over the free areas.
The taper rate was increased from $1.50 for every
$1,000.00 of assets over the relevant free area, to $3.00.
At the time, the Government estimated that around eight
per cent of pensioners (327,300 people) would be negatively affected by the
changes.[17]
Approximately 236,000 social security and veterans’ pensioners would have their
payment rates reduced and approximately 91,300 would lose eligibility for
income support.[18]
Committee
consideration
At the time of writing, the Bill has not been referred to
any committees and has not been considered by the Senate Scrutiny of Bills
Committee.
Policy
position of non-government parties/independents
The Australian Labor Party (Labor) has stated their
support for the Bill. Shadow Minister for Families and Social Services Jenny
Macklin stated ‘of course we will not deny pensioners the very modest one-off
payment that is outlined in this Bill’.[19]
However, Macklin suggested that the EAP was ‘merely an attempt to distract Australian pensioners from the fact—and this is a fact—that this
Liberal government still intends to try to abolish the energy supplement’.[20]
Labor also welcomed the reinstatement of the PCC measure.[21]
Labor had previously criticised the Government on the issue of fewer concession
entitlements for those affected by the asset test changes and who were given a
CSHC.[22]
NXT have stated their support for the Bill.[23]
As noted above, the EAP arose as a result of a deal between NXT and the
Government.
Position of
major interest groups
Major interest groups do not appear to have stated a
position on the measures in the Bill.
Financial
implications
According to the Explanatory Memorandum to the Bill:
- the
EAP measure will cost $268.9 million over the forward estimates and
- the
PCC reinstatement measure will cost $3.1 million over the forward estimates.[24]
The PCC measure will also have a financial impact on some
state and territory governments who provide different concession entitlements
to PCC and CSHC holders.
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. The
Government considers that the Bill is compatible.[25]
Parliamentary
Joint Committee on Human Rights
At the time of writing, the Parliamentary Joint Committee
on Human Rights had not commented on the Bill.
Key issues
and provisions
Schedule
1—Energy Assistance Payment
Schedule 1 will provide a one-off EAP of $75 for single
recipients and $62.50 for partnered recipients, paid to those to whom a qualifying
payment is payable on 20 June 2017 (the test day). Some veterans’ payment
recipients will receive the $75 rate regardless of their relationship status. The
payment will be tax-exempt and not considered income for the purposes of social
security means testing.
Qualifying
payments
The qualifying payments are Age Pension, DSP, PPS, Service
Pension, veterans’ Income Support Supplement, veterans’ Disability Pension, War
Widow(er)’s Pension, permanent impairment payments under the Military
Rehabilitation and Compensation Act 2004 and the Safety, Rehabilitation
and Compensation Act 1988 and the Special Rate Disability Pension under the
Military Rehabilitation and Compensation Act 2004.
The Government estimates that around 2.5 million age
pensioners, 770,000 DSP recipients, 260,000 PPS recipients and 235,000
veterans’ payment recipients will receive an EAP.[26]
The list of qualifying payments has a notable omission:
Carer Payment. Carer Payment is considered a social security pension under
social security law and is generally treated in the same way as other pensions
such as the Age Pension or DSP in terms of means testing and supplementary
payments.[27]
Other pension payments excluded from the list of qualifying payments include
Wife Pension and Widow B Pension. While these payments are closed to new
recipients, there are around 11,000 remaining recipients of these two payments.[28]
Allowance
payments excluded
Allowance payments (such as Newstart Allowance and Youth
Allowance) and Parenting Payment Partnered (PPP) are also excluded from the
list of qualifying payments. In his second reading speech to the Bill, Minister
for Social Services Christian Porter stated the EAP will be paid to ‘welfare recipients
who have a limited ability to earn additional income’.[29]
This suggests that the payment is being targeted at those with significant
barriers to work or who are no longer expected to work.
Arguably, some allowance recipients have a limited ability
to earn additional income. Many allowance and PPP recipients face barriers to
work including disability and caring responsibilities and have minimal
participation requirements as a result.[30]
The payment rates for allowance payments are also much lower than pension
rates—maximum of $544.10 per fortnight for a single Newstart Allowance
recipient with no children compared to $888.30 per fortnight for a DSP
recipient in the same situation.[31]
New payment
at odds with policy to remove Energy Supplement
Introducing a new payment whose name suggests it is
intended to help with energy costs is at odds with the Government’s policy,
announced in the 2016–17 Budget, to close off the existing Energy Supplement
paid to new income support recipients.[32]
On the one hand, the Government is indicating that certain income support
recipients need assistance with rising energy costs, and on the other it is
suggesting that assistance with energy costs is no longer needed following the
abolition of the carbon price.[33]
This suggests that the EAP’s principal rationale is to
meet the Government’s commitment to NXT in securing support for its company tax
cut.
Key provisions
Social
Security Act 1991
Item 2 inserts new Part 2.6—One-off energy
assistance payment into the Social Security Act 1991 (SS Act).
New sections 300 and 301 set out the qualifying conditions for the
EAP and the payment rates.
The qualifying conditions are that Age Pension, Disability
Support Pension or Parenting Payment Single is payable to the person on 20 June
2017; and the pension is payable because of a claim made on or before 20 June
2017; and the person is residing in Australia on that date.
The payment rates are $75 for a single person or a member
of an illness separated couple, a respite care couple or a couple where one
partner is in gaol. For other partnered people, the rate is $62.50 per person.
New subsection 300(3) prevents a payment of EAP
where a person is eligible for and receives an EAP under the Veterans’
Entitlements Act 1986 (VE Act).
Item 4 inserts new section 1223ABG which
provides for the amount of the EAP to be recoverable as a debt in cases where
it is later determined that a qualifying payment was not payable to the person
on 20 June 2017 for the reason, or for reasons including the reason, that the
person knowingly made a false or misleading statement, or knowingly provide
false information.
Veterans’
Entitlements Act 1986
Item 9 inserts new Part IIIF—One-off energy
assistance payment into the VE Act which provides for the qualifying
conditions and payment rates of the EAP to recipients of the Service Pension;
Income Support Supplement; Disability Pension; War Widow(er)’s Pension; certain
permanent impairment payments under the Military Rehabilitation and
Compensation Act 2004 (MRC Act); Special Rate Disability Pension
payment under the MRC Act; certain compensation payments to
wholly-dependent partners under the MRC Act; or a permanent impairment
payment for a defence-related claim under the Safety, Rehabilitation and
Compensation Act 1988.
All qualifying veterans’ payment recipients on 20 June
2017 will receive the EAP at the rate of $75, with the exception of Service
Pension and Income Support Supplement recipients who will either receive a
single rate of $75 or a partnered rate of $62.50 (members of an illness
separate or respite care couple will receive the single rate).
New section 67B provides for only one payment of
the EAP under new Part IIIF of the VE Act regardless of how many times
the person may be eligible (as a result of receiving multiple qualifying
payments such as the Service Pension together with a Disability Pension). New
subsection 300(3) of the SS Act (inserted by item 2) prevents payment of
an EAP under the SS Act where a person is entitled to an EAP under the VE
Act.
Income Tax
Assessment Act 1997
Items 10–16 amend the Income Tax Assessment Act
1997 so that the EAP is exempt from income tax.
Schedule 2—Pensioner
Concession Card
Schedule 2 will reinstate a PCC to pensioners and
veterans’ payment recipients who lost eligibility for the card as a result of
losing eligibility for a qualifying payment following changes to the assets
test that commenced on 1 January 2017. The Government estimates that
92,300 pension recipients (including 3,600 veterans’ payment recipients) lost
both their pension and PCC entitlement as a result of the changes to the assets
test.[34]
The cards will be reinstated from 9 October 2017.
Minor
difference in Commonwealth entitlements
As discussed above, the main difference, in terms of
Commonwealth entitlements, between the PCC and the CSHC is access to subsidised
hearing services. As all of those who lost their PCC following the asset test
changes were granted a CSHC (if they were over pension age), this will be the
only change in their entitlements from the Australian Government.
The major difference between the two cards is in terms of
concessions from state and territory governments. For example, in New South Wales,
PCC holders do not have to pay motor vehicle registration fees, motor vehicle
tax or drivers licence fees.[35]
PCC holders are also entitled to a Low Income Household Rebate of $235 if they
hold an electricity account.[36]
CSHC holders are not entitled to any of these concessions.
Access to these state and territory concessions will be
the primary benefit arising from the proposed measure—it also means that the
financial burden of the measure will primarily rest with state and territory
governments.
The Abbott Government abolished the National
Partnership Agreement on Certain Concessions for Pensioner Concession Card and
Seniors Card holders which provided around $300.0 million a year to the
states and territories towards concessions granted to certain cardholders—the
agreement was terminated from 1 July 2014.[37]
Energy
Supplement
As noted above, the Energy Supplement is paid to some CSHC
holders (it is no longer paid to new CSHC holders from 20 March 2017). PCC
holders do not receive the Energy Supplement in respect of their cards—instead
they receive the Energy Supplement as a component of their qualifying payment,
such as the Age Pension. Instead of simply replacing CSHCs with PCCs, the
proposed measure will allow those having their PCCs reinstated to keep their
CSHC so that they continue to receive the Energy Supplement.
Key
provisions
Social Security Act 1991
Item 1 inserts new subsection 1061ZA(1B)
into the SS Act to add an additional set of qualification criteria for
the PCC. The amendments will mean that a person will be qualified for a PCC if:
- they
were receiving a social security pension immediately before 1 January 2017
- the
Secretary of the Department of Social Services is satisfied that their pension
rate was reduced to nil because of the asset test changes that commenced 1
January 2017 and
- they
are not otherwise qualified for a PCC.
Existing PCC qualification criteria such as being an
Australian resident and in Australia (subsection 1061ZA(3)) will also apply.
Item 5 adds subsection 1061ZA(5) which
ensures that those who were qualified for an Australian social security pension
under the international social security agreement with New Zealand prior to 1
January 2017 can have their PCC reinstated if they meet the requirements set
out in new subsection 1061ZA(1B) and are in Australia. It means that the
Australian residency requirements set out at subsection 1061ZA(3) do not apply
to individuals in these circumstances.
Item 8 repeals sections 1061ZRA and 1061ZRB
so that those under pension age who were automatically granted a HCC as result
of losing their pension payment following the 1 January 2017 asset test changes
will lose their HCC once their PCC is reinstated.
Veterans’
Entitlements Act 1986
Item 16 inserts new subsection 53A(1A) into
the VE Act to provide for ‘fringe benefits’ to Service Pension and
Income Support Supplement recipients whose payment rate was reduced to zero as
a result of the asset test changes that commenced on 1 January 2017. Fringe
benefits is the term used in the VE Act to cover benefits and
concessions made available by the Commonwealth, state and territory, and local
governments to those in receipt of the Service Pension or Income Support
Supplement. Service Pension and Income Support Supplement recipients eligible
for fringe benefits are issued a PCC.[38]
[1]. G
Chan, ‘Company
tax cuts: deal struck with Xenophon in return for pension boost’, Guardian
Australia, online edition, 31 March 2017; Australian Government, Budget measures:
budget paper no. 2: 2017–18, 9 May 2017, p. 148.
[2]. Ibid.,
p. 155.
[3]. Parliament
of Australia, ‘Treasury
Laws Amendment (Enterprise Tax Plan) Bill 2016 homepage’, Australian
Parliament website; N Xenophon, Summary
of media conference at Ainslie IGA (ACT) on tax cuts, power prices and solar
thermal plant at Port Augusta, media release, 1 April 2017;
Chan, op. cit.
[4]. D
Arthur, A Dunkley, M Klapdor and M Thomas, Social
Services Legislation Amendment (Omnibus Savings and Child Care Reform) Bill
2017, Bills digest, 76, 2016–17, Parliamentary Library, Canberra, 22
March 2017, pp. 28–38. The proposed measure is currently before the Parliament:
Parliament of Australia, ‘Social
Services Legislation Amendment (Ending Carbon Tax Compensation) Bill 2017
homepage’, Australian Parliament website.
[5]. P
Yeend and L Buckmaster, Clean
Energy (Household Assistance Amendments) Bill 2011, Bills digest, 58,
2011–12, Parliamentary Library, Canberra, 21 November 2011.
[6]. Department
of Human Services (DHS), ‘Energy
supplement’, DHS website, 6 June 2017.
[7]. T
Abbott (Leader of the Opposition), Address
to the NSW Liberal Party State Council, Central Coast, speech, 1 June
2013.
[8]. S
Morrison (Treasurer), Transcript:
Sky News, David Speers: Monday 3 April 2017, transcript, 3 April 2017.
[9]. Budget Savings
(Omnibus) Act 2016.
[10]. The
Government amended the Bill which proposed closing the Energy Supplement for
all payment types so that it only affected Family Tax Benefit and the
Commonwealth Seniors Health Card. Parliament of Australia, ‘Budget
Savings (Omnibus) Bill 2016 homepage’, Australian Parliament website.
[11]. DHS,
‘Pensioner
Concession Card’, DHS website, 21 February 2017.
[12]. Ibid.
[13]. DHS,
‘Health
Care Card’, DHS website, 13 June 2017; DHS, ‘Commonwealth
Seniors Health Card’, DHS website, 31 May 2017.
[14]. Holders
of the HCC or CSHC are eligible for subsidised hearing services on the basis of
the concession card but some cardholders may meet other eligibility criteria
such as receipt of Sickness Allowance or being a National Disability Insurance
Scheme participant. Department of Health (DoH), Am
I eligible to receive subsidised hearing services?, Hearing Services
Program fact sheet, DoH, June 2016.
[15]. DHS,
‘Commonwealth
Seniors Health Card’, op. cit.
[16]. For
background and detail of the changes see M Klapdor, Social
Services Legislation Amendment (Fair and Sustainable Pensions) Bill 2015,
Bills digest, 129, 2014–15, Parliamentary Library, Canberra, 22 June 2015.
[17]. Department
of Social Services (DSS), Submission
to Senate Community Affairs Legislation Committee, Inquiry into the Social
Services Legislation Amendment (Fair and Sustainable Pensions) Bill 2015, 11
June 2015, p. 8.
[18]. Ibid.
[19]. J
Macklin, ‘Second
reading speech: Social Services Legislation Amendment (Energy Assistance
Payment and Pensioner Concession Card) Bill 2017’, House of
Representatives, Debates, (proof), 30 May 2017, p. 43.
[20]. Ibid.
[21]. Ibid.,
p. 45.
[22]. R
Harris, ‘More
pain on the cards’, Herald Sun, 21 December 2016.
[23]. R
Sharkie, ‘Second
reading speech: Social Services Legislation Amendment (Energy Assistance
Payment and Pensioner Concession Card) Bill 2017’, House of
Representatives, Debates, (proof), 30 May 2017, p. 73.
[24]. Explanatory
Memorandum, Social Services Legislation Amendment (Energy Assistance
Payment and Pensioner Concession Card) Bill 2017, p. 1.
[25]. Ibid.,
p. 14.
[26]. Ibid.,
p. 2.
[27]. Subsection
23(1), Social
Security Act 1991.
[28]. DSS,
‘DSS
demographics December 2016’, data.gov.au website, 7 April 2017.
[29]. C
Porter, ‘Second
reading speech: Social Services Legislation Amendment (Energy Assistance
Payment and Pensioner Concession Card) Bill 2017’, House of
Representatives, Debates, (proof), 24 May 2017, p. 11.
[30]. For
example, as at March 2017, around 42 per cent of Newstart Allowance recipients
were not considered ‘job seekers’. Job seekers are those with job search
requirements. DSS, Labour
market and related payments: a monthly profile: March 2017, DSS,
Canberra, 26 April 2017.
[31]. Rates
include Energy Supplement for both payments and Pension Supplement for
Disability Support Pension. DHS, A
guide to Australian Government payments: 20 March–30 June 2017, DHS, Canberra,
pp. 15, 27, 38.
[32]. Australian
Government, Budget
measures: budget paper no. 2: 2016–17, pp. 143–144.
[33]. Morrison,
op. cit.
[34]. Explanatory
Memorandum, op. cit., p. 10.
[35]. New
South Wales (NSW) Roads and Maritime Services, ‘Registration
costs and concessions’, NSW Roads and Maritime Services website,
21 November 2016; NSW Roads and Maritime Services, ‘Licence: fees’,
NSW Roads and Maritime Services website, 23 February 2017.
[36]. NSW
Department of Planning and Environment, ‘Low
income household rebate’, NSW Department of Planning and Environment
website.
[37]. M
Klapdor, ‘Changes
to support for pensioners and retirees’, Budget Review 2014–15,
Research paper series, 2013–14, Parliamentary Library, Canberra, 30 May 2014.
[38]. Department
of Veterans’ Affairs (DVA), ‘5.8.1
overview of fringe benefits’, Compensation and Support Policy Library,
Consolidated Library of Information and Knowledge, DVA, 14 October 2013.
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