Senate debates

Thursday, 18 March 2021

Bills

Social Services Legislation Amendment (Strengthening Income Support) Bill 2021; Second Reading

3:05 pm

Photo of Scott RyanScott Ryan (President) Share this | Hansard source

The question is that the remaining requests for amendments on sheets 1219, 1221, 1222 and 1223, circulated by the Australian Greens, be agreed to.

Greens' circulated amendments

SHEET 1219

(1) Schedule 1, page 6 (before line 1), before item 3, insert:

2A Point 1067G -A1 (method statement, step 1)

Repeal the step, substitute:

Step 1. Work out the person's maximum basic rate using Module B below. If the amount of the person's maximum basic rate worked out using Module B is less than $1115, but not nil, then the person's maximum basic rate is $1115.

(2) Schedule 1, page 8 (before line 1), before item 6, insert:

5A Point 1067L -A1 (method statement, step 1)

Repeal the step, substitute:

Step 1. Work out the person's maximum basic rate using Module B below. If the amount of the person's maximum basic rate worked out using Module B is less than $1115, then the person's maximum basic rate is $1115.

(3) Schedule 1, page 9 (before line 1), before item 8, insert:

7A Point 1068 -A1 (method statement, step 1)

Repeal the step, substitute:

Step 1. Work out the person's maximum basicrate using Module B below. If the amount of the person's maximum basic rate worked out using Module B is less than $1115, but not nil, then the person's maximum basic rate is $1115.

(4) Schedule 1, page 11 (before line 1), before item 9, insert:

8A Point 1068A -A1 (method statement, step 1)

Repeal the step, substitute:

Step 1. Work out the person's maximum basicrate using Module B below. If the amount of the person's maximum basic rate worked out using Module B is less than $28,990 per year ($1115 per fortnight), then the person's maximum basic rate is $28,990.

(5) Schedule 1, page 11 (after line 7), after item 9, insert:

9A Point 1068B -A2 (method statement, step 1)

Repeal the step, substitute:

Step 1. Work out the person's maximum basic rate using Module C below. If the amount of the person's maximum basic rate worked out using Module C is less than $1115, but not nil, then the person's maximum basic rate is $1115.

9B Point 1068B -A3 (method statement, step 1)

Repeal the step, substitute:

Step 1. Work out the person's maximum basicrate using Module C below. If the amount of the person's maximum basic rate worked out using Module C is less than $1115, but not nil, then the person's maximum basic rate is $1115.

_____

Statement pursuant to the order of the Senate of 26 June 2000

Amendments (1) to (5)

Amendments (1) to (5) are framed as requests because they amend the bill to increase the maximum basic rate amount of youth allowance, austudy, jobseeker, parenting payment (single) and parenting payment (partnered) to $1115 per fortnight. As the effect of this amendment will be that relevant recipients will receive a higher rate of payment, it will result in an increase in expenditure under the standing appropriation in section 242 of the Social Security (Administration) Act 1999.

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendments (1) to (5)

If the effect of the amendments is to increase expenditure under the standing appropriation in section 242 of the Social Security (Administration) Act 1999 then it is in accordance with the precedents of the Senate that the amendment be moved as a request.

_____

SHEET 1221

(1) Schedule 1, item 21, page 17 (lines 3 to 4), omit the item, substitute:

21 Paragraph 1067G -H29(b)

Omit "$143", substitute "$300".

(2) Schedule 1, item 23, page 17 (lines 7 to 8), omit the item, substitute:

23 Point 1068 -G12

Omit "$100", substitute "$300".

(4) Schedule 1, item 27, page 17 (lines 15 to 16), omit the item, substitute:

27 Point 1068B -D27

Omit "$100", substitute "$300".

_____

Statement pursuant to the order of the Senate of 26 June 2000

Amendments (1), (2) and (4)

Amendments (1), (2) and (4) are framed as a requests because they amend the bill to provide that the ordinary income-free area for jobseeker payment, youth allowance (other) and parenting payment (Partnered) be permanently increased to $300 per fortnight rather than $150 per fortnight. As income free area means the amount a person can earn before their payment begins to decrease, increasing the income free are from $150 to $300 would result in recipients receiving a higher rate of payment.

The effect of the amendments would therefore increase the amount of expenditure under the standing appropriation in section 242 of the Social Security (Administration) Act 1999 .

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendments (1), (2) and (4)

If the effect of the amendments is to increase expenditure under the standing appropriation in section 242 of the Social Security (Administration) Act 1999 then it is in accordance with the precedents of the Senate that the amendments be moved as a request.

_____

SHEET 1222

(1) Clause 2, page 2 (at the end of the table), add:

(2) Schedule 1, item 13, page 13 (line 10), before "A person", insert "(1)".

(3) Schedule 1, item 13, page 13 (line 11), omit "30 June 2021", substitute "31 December 2021".

(4) Schedule 1, item 13, page 14 (after line 13), after at the end of section 504BA, add:

(2) A person is qualified for a youth allowance in respect of a period that occurs between 1 April 2021 and 31 December 2021 if:

(a) the Secretary is satisfied that the person's working hours were reduced (including to zero) as a result of the adverse economic effects of the coronavirus known as COVID 19; and

(b) throughout the period the person satisfies the activity test (see Subdivision B) or is not required to satisfy the activity test (see Subdivision C); and

(c) the Secretary is satisfied that:

  (i) the person is not entitled to receive a leave payment in respect of the period; or

  (ii) the person has taken reasonable steps to access any leave payment to which the person may be entitled in respect of the period; or

  (iii) the person is receiving a leave payment in respect of the period but, as a result of the adverse economic effects of the coronavirus known as COVID-19, the payment is less than it would otherwise have been; or

  (iv) the person is receiving a leave payment in respect of the period, but the total amount of the leave payment in the period is less than the amount of youth allowance that would be payable to the person in the period if the person's claim were granted; and

(d) throughout the period the person is of youth allowance age (see Subdivision D); and

(e) throughout the period the person:

(i) is an Australian resident; or

(ii) is exempt from the residence requirement within the meaning of subsection 7(7).

(3) A person is qualified for a youth allowance in respect of a period that occurs between 1 April 2021 and 31 December 2021 if:

(a) the Secretary is satisfied that:

  (i) the person became unemployed as a result of the adverse economic effects of the coronavirus known as COVID-19; or

  (ii) if the person is self-employed or is a sole trader— the person's business was suspended, or suffered a reduction in turnover, as a result of the adverse economic effects of the coronavirus known as COVID 19; and

(b) throughout the period the person satisfies the activity test (see Subdivision B) or is not required to satisfy the activity test (see Subdivision C); and

(c) throughout the period the person is of youth allowance age (see Subdivision D); and

(d) throughout the period the person:

  (i) is an Australian resident; or

  (ii) is exempt from the residence requirement within the meaning of subsection 7(7).

(5) Schedule 1, item 14, page 14 (line 18), omit "30 June 2021", substitute "31 December 2021".

(6) Schedule 1, item 14, page 15 (after line 16), after subsection (5), insert:

(6) A person is qualified for a jobseeker payment in respect of a period that occurs between 1 April 2021 and 31 December 2021 if:

(a) the Secretary is satisfied that the person's working hours were reduced (including to zero) as a result of the adverse economic effects of the coronavirus known as COVID 19; and

(b) throughout the period the person satisfies the activity test or is not required to satisfy the activity test; and

(c) the Secretary is satisfied that:

  (i) the person is not entitled to receive a leave payment in respect of the period; or

  (ii) the person has taken reasonable steps to access any leave payment to which the person may be entitled in respect of the period; or

  (iii) the person is receiving a leave payment in respect of the period but, as a result of the adverse economic effects of the coronavirus known as COVID-19, the payment is less than it would otherwise have been; or

  (iv) the person is receiving a leave payment in respect of the period, but the total amount of the leave payment in the period is less than the amount of jobseeker payment that would be payable to the person in the period if the person's claim were granted; and

(d) throughout the period the person:

  (i) is at least 22 years of age and has not reached the pension age; and

  (ii) is an Australian resident or is exempt from the residence requirement within the meaning of subsection 7(7); and

(e) the person was not in receipt of a youth allowance during the period.

(7) A person is qualified for a jobseeker payment in respect of a period that occurs between 1 April 2021 and 31 December 2021 if:

(a) the Secretary is satisfied that:

  (i) the person became unemployed as a result of the adverse economic effects of the coronavirus known as COVID-19; or

  (ii) if the person is self-employed or is a sole trader— the person's business was suspended, or suffered a reduction in turnover, as a result of the adverse economic effects of the coronavirus known as COVID 19; and

(b) throughout the period the person satisfies the activity test or is not required to satisfy the activity test; and

(c) throughout the period the person:

  (i) is at least 22 years of age and has not reached the pension age; and

  (ii) is an Australian resident or is exempt from the residence requirement within the meaning of subsection 7(7); and

(d) the person was not in receipt of a youth allowance during the period.

(7) Schedule 1, item 16, page 16 (line 8), omit "30 June 2021", substitute "31 December 2021".

(8) Schedule 1, item 18, page 16 (line 16), omit "30 June 2021", substitute "31 December 2021".

(9) Schedule 1, item 20, page 16 (line 24), omit "30 June 2021", substitute "31 December 2021".

(10) Schedule 1, item 35, page 19 (line 19), omit "30 June 2021", substitute "31 December 2021".

(11) Schedule 1, item 36, page 20 (line 10), omit "30 June 2021", substitute "31 December 2021".

(12) Schedule 1, item 37, page 20 (line 31), omit "30 June 2021", substitute "31 December 2021".

(13) Schedule 1, item 38, page 21 (line 23), omit "30 June 2021", substitute "31 December 2021".

(14) Schedule 1, item 39, page 22 (line 12), omit "30 June 2021", substitute "31 December 2021".

(15) Page 22 (after line 18), at the end of the Bill, add:

Schedule 2—Continuation of coronavirus measures

Part 1—Liquid assets test waiting period

Social Security Act 1991

1 At the end of section 549A

Add:

Exception—coronavirus

(8) Subsection (1) does not apply to a person during the period beginning 1 April 2021 and ending at the end of 31 December 2021.

2 At the end of section 575A

Add:

Exception—coronavirus

(5) Subsection (1) does not apply to a person during the period beginning 1 April 2021 and ending at the end of 31 December 2021.

3 At the end of section 598

Add:

Exception—coronavirus

(10) Subsection (1) does not apply to a person during the period beginning 1 April 2021 and ending at the end of 31 December 2021.

Part 2—Partner income test taper rate

Social Security Act 1991

4 Point 1068 -G1 (method statement, step 6)

After "point 1068-G11", insert "or 1068-G11A".

5 Point 1068 -G11

Omit "If", substitute "Subject to point 1068-G11A, if".

6 After point 1068 -G11

Insert:

1068-G11A In relation to jobseeker payment and the period beginning on 1 April 2021 and ending at the end of 31 December 2021, if a person has a partner income excess, the person's partner income reduction is an amount equal to 27% of the part of the partner's ordinary income that exceeds the partner income free area.

Part 3—Newly arrived resident ' s waiting period

Farm Household Support Act 2014

7 Subsection 42(1)

Omit "subsection (2)", substitute "subsections (2) and (3)".

8 Subsection 42(2) (heading)

Repeal the heading, substitute:

Exceptions

9 At the end of section 42

Add:

(3) Subsection (1) does not apply to a person during the period beginning on 1 April 2021 and ending at the end of 31 December 2021 (even if subsection (1) applied to the person before that period started).

10 Section 43

Before "A", insert "(1)".

11 At the end of section 43

Add:

(4) Subsection (5) applies if a person would have, apart from the operation of subsection 42(3), been subject to a newly arrived resident's waiting period during the period (the relevant period) beginning on 1 April 2021 and ending at the end of 31 December 2021.

(5) The person is taken, for the purposes of this section, to have been subject to the newly arrived resident's waiting period (and time continues to run in relation to that period) during the relevant period.

Social Security Act 1991

12 At the end of section 500X

Add:

(6) Subsection (1) does not apply to a person during the period beginning on 1 April 2021 and ending at the end of 31 December 2021 (even if subsection (1) applied to the person before that period started).

13 At the end of section 500Y

Add:

(3) Subsection (4) applies if a person would have, apart from the operation of subsection 500X(6), been subject to a newly arrived resident's waiting period during the period (the relevant period) beginning on 1 April 2021 and ending at the end of 31 December 2021.

(4) The person is taken, for the purposes of this section, to have been subject to the newly arrived resident's waiting period (and time continues to run in relation to that period) during the relevant period.

14 At the end of section 549D

Add:

(9) Subsection (1) does not apply to a person during the period beginning on 1 April 2021 and ending at the end of 31 December 2021 (even if subsection (1) applied to the person before that period started).

15 Section 549E

Before "If", insert "(1)".

16 At the end of section 549E

Add:

(2) Subsection (3) applies if a person would have, apart from the operation of subsection 549D(9), been subject to a newly arrived resident's waiting period during the period (the relevant period) beginning on 1 April 2021 and ending at the end of 31 December 2021.

(3) The person is taken, for the purposes of this section, to have been subject to the newly arrived resident's waiting period (and time continues to run in relation to that period) during the relevant period.

17 At the end of section 575D

Add:

(5) Subsection (1) does not apply to a person during the period beginning on 1 April 2021 and ending at the end of 31 December 2021 (even if subsection (1) applied to the person before that period started).

18 Section 575E

Before "If", insert "(1)".

19 At the end of section 575E

Add:

(2) Subsection (3) applies if a person would have, apart from the operation of subsection 575D(5), been subject to a newly arrived resident's waiting period during the period (the relevant period) beginning on 1 April 2021 and ending at the end of 31 December 2021.

(3) The person is taken, for the purposes of this section, to have been subject to the newly arrived resident's waiting period (and time continues to run in relation to that period) during the relevant period.

20 At the end of section 623A

Add:

(10) Subsection (1) does not apply to a person during the period beginning on 1 April 2021 and ending at the end of 31 December 2021 (even if subsection (1) applied to the person before that period started).

21 At the end of section 623B

Add:

(4) Subsection (5) applies if a person would have, apart from the operation of subsection 623A(10), been subject to a newly arrived resident's waiting period during the period (the relevant period) beginning on 1 April 2021 and ending at the end of 31 December 2021.

(5) The person is taken, for the purposes of this section, to have been subject to the newly arrived resident's waiting period (and time continues to run in relation to that period) during the relevant period.

22 At the end of section 739A

Add:

(10) Neither subsection (1) nor (2) applies to a person during the period beginning on 1 April 2021 and ending at the end of 31 December 2021 (even if subsection (1) or (2) applied to the person before that period started).

(11) Subsection (12) applies if a person would have, apart from the operation of subsection (10), been subject to a newly arrived resident's waiting period during the period (the relevant period) beginning on 1 April 2021 and ending at the end of 31 December 2021.

(12) The person is taken, for the purposes of this section, to have been subject to the newly arrived resident's waiting period (and time continues to run in relation to that period) during the relevant period.

_____

Statement pursuant to the order of the Senate of 26 June 2000

Amendments (3) and (5)

Amendments (3) and (5) are framed as requests because they extend the period in which a person is eligible for youth allowance and jobseeker payments due to quarantine or isolation from 30 June 2021, as proposed in the bill, to 31 December 2021. As the effect of this amendment will be to extend the period a person is eligible for a payment it will result in an increase in expenditure under the standing appropriation in section 242 of the Social Security (Administration) Act 1999 (the standing appropriation).

Amendments (4) and (6)

Amendments (4) and (6) are framed as a requests because they extend the expanded the eligibility criteria for youth allowance (other) and jobseeker, which would otherwise cease on 31 March 2021, to 31 December 2021. This will result in an increase in expenditure under the standing appropriation.

Amendments (7), (8) and (9)

Amendments (7), (8) and (9) are framed as a requests because they extend the period in which the ordinary waiting period for parenting payment, youth allowance (other) and jobseeker respectively is waived, from 30 June 2021 as proposed in the bill, to 31 December 2021. This will result in an increase in expenditure under the standing appropriation.

Amendment (15)

Amendment (15) is framed as a request because it provides for the continuation of the following coronavirus support measures which would otherwise cease on 31 March 2021, to 31 December 2021: the partner income test taper rate of 27 cents; and the waiver of the Newly Arrives Resident’s Waiting Period for farm household allowance, parenting payment, youth allowance, austudy, jobseeker and special benefit. The amendment also reinstates the waiver of the liquid assets test waiting period for youth allowance, austudy and jobseeker from 1 April to 31 December 2021. The amendment will result in increased payments and expand eligibility for relevant participants, resulting in an increase in expenditure under the standing appropriation in section 242 of the Social Security (Administration) Act 1999 and section 105 of the Farm Household Support Act 2014.

Amendments (1) and (2)

Amendment (1) is consequential to amendment (15). Amendment (2) is consequential to amendment (4).

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendments (3), (4) to (9) and (15)

If the effect of the amendments is to increase expenditure under the standing appropriation in section 242 of the Social Security (Administration) Act 1999 and section 105 of the Farm Household Support Act 2014 then it is in accordance with the precedents of the Senate that the amendments be moved as requests.

Amendments (1) and (2)

These amendments are consequential on requests. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.

_____

SHEET 1223

(1) Clause 2, page 2 (after table item 2), insert:

(2) Schedule 1, page 12 (after line 14), after Part 1, insert:

Part 1A—Increasing pension rates

Social Security Act 1991

11A Point 1064 -A1 (method statement, step 1)

Repeal the step, substitute:

Step 1. Work out the person's maximum basicrate using Module B below. If the amount of the person's maximum basic rate worked out using Module B is less than $28,990 per year ($1115 per fortnight), then the person's maximum basic rate is $28,990.

11B Point 1065 -A1 (method statement, step 2)

Repeal the step, substitute:

Step 2. Work out the person's maximum basicrate using Module B below. If the amount of the person's maximum basic rate worked out using Module B is less than $28,990 per year ($1115 per fortnight), then the person's maximum basic rate is $28,990.

11C Point 1066A -A1 (method statement, step 1)

Repeal the step, substitute:

Step 1. Work out the person's maximum basicrate using Module B below. If the amount of the person's maximum basic rate worked out using Module B is less than $28,990 per year ($1115 per fortnight), then the person's maximum basic rate is $28,990.

11D Point 1066B -A1 (method statement, step 2)

Repeal the step, substitute:

Step 2. Work out the person's maximum basicrate using Module B below. If the amount of the person's maximum basic rate worked out using Module B is less than $28,990 per year ($1115 per fortnight), then the person's maximum basic rate is $28,990.

11E Application provision

The amendments made by this Part apply in relation to working out the rate of a person's age pension, disability support pension or carer payment in respect of days occurring on or after the commencement of this item.

_____

Statement pursuant to the order of the Senate of 26 June 2000

Amendment (2)

Amendment (2) is framed as a request because it amends the bill to increase the maximum basic rate amount of age pension, disability support pension and carer payment to $1115 per fortnight. As the effect of this amendment will be that relevant recipients will receive a higher rate of payment, it will result in an increase in expenditure under the standing appropriation in section 242 of the Social Security (Administration) Act 1999.

Amendment (1)

Amendment (1) is consequential to amendment (2).

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment (2)

If the effect of the amendment is to increase expenditure under the standing appropriation in section 242 of the Social Security (Administration) Act 1999 then it is in accordance with the precedents of the Senate that the amendment be moved as a request.

Amendment (1)

This amendment is consequential on a request. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.

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