Social Assistance Legislation (Budget 2019 Welfare Package) Amendment Act 2019

1: Title
This Act is the Social Assistance Legislation (Budget 2019 Welfare Package) Amendment Act 2019.
2: Commencement
1: This Act comes into force on the day after the date of Royal assent.
2: However, the following specified provisions come into force on 1 April 2020
a: sections 4 to 7 10(3) 13 14 Part 1
b: section 16
c: sections 18 to 20
1: Amendments to Social Security Act 2018
Principal Act
3: Principal Act
This Part amends the Social Security Act 2018 principal Act 2019-06-06 Social Security Act 2018 2020-04-01 Social Security Act 2018 Sections 4 to 7, 10(3) and Part 1 of the Schedule come into force 1 April 2020 — see section 2(2)﻿(a) Repeal of MSD’s duty to reduce rates of benefits for sole parents for failure to assist child support
4: Section 5 amended (Guide to this Act)
In section 5(4) failure to assist child support,
5: Section 183 amended (What this Part does)
Repeal section 183(2)﻿(d)
6: Sections 192 to 194 and cross-heading above section 192 repealed
Repeal—
a: sections 192 to 194
b: the cross-heading above section 192
7: Section 418 amended (Regulations: general)
Repeal—
a: section 418(1)﻿(i)
b: the paragraph heading above section 418(1)﻿(i) Mandatory annual adjustment of rates of main benefits
8: New section 452A inserted (Orders in Council: mandatory annual average weekly earnings adjustment of rates of main benefits)
After section 452
452A: Orders in Council: mandatory annual average weekly earnings adjustment of rates of main benefits
1: The rates of benefits set out in the provisions to which this subsection applies must be adjusted, by Order in Council, as at 1 April each year so that in each case the new rate is the rate at that date adjusted by any percentage movement upwards in average ordinary time weekly earnings between—
a: average ordinary time weekly earnings, expressed on a base quarter, last published before 1 March in that year; and
b: average ordinary time weekly earnings expressed on the same base quarter of the year immediately preceding the year of the base quarter referred to in paragraph (a)
2: Subsection (1)
a: Part 1 of Schedule 4 (rates of jobseeker support):
b: Part 2 of Schedule 4 (rates of sole parent support):
c: Part 3 of Schedule 4, including clause 2, but excluding clauses 3 and 4 (rates of supported living payment):
d: Part 6 of Schedule 4, other than any rate of incentive payment in subpart 3 of Part 6 of Schedule 4 (rates and component of youth payment and young parent payment, and criteria for incentive payments):
e: Part 10 of Schedule 4 (rates of generally abolished former widows’ benefits under section 21 of the Social Security Act 1964 as saved by clause 55 of Schedule 1 for reciprocity agreement applicants or recipients):
f: Part 11 of Schedule 4 (rates of generally abolished former DPB for solo parents under section 27B of the Social Security Act 1964 as saved by clause 55 of Schedule 1 for reciprocity agreement applicants or recipients).
3: An adjustment under subsection (1) see
4: An adjustment under subsection (1)
5: Every Order in Council made under subsection (1)
a: comes into force or is considered to come into force on 1 April of the calendar year in which it is made; and
b: applies to benefits payable on and after that date.
6: In this section,— average ordinary time weekly earnings earner levies standard tax
9: Section 453 amended (Orders in Council: mandatory annual CPI adjustment of rates of certain benefits)
1: In the heading to section 453 certain benefits that are not main benefits
2: Replace section 453(2)
2: Subsection (1) applies to the following provisions:
a: Part 4 of Schedule 4 (orphan’s benefit):
b: Part 5 of Schedule 4 (unsupported child’s benefit):
c: Part 12 of Schedule 4 (rates of benefits payable to long-term hospital patients).
3: In section 453(4) schedules Parts of Schedule 4 Mandatory annual adjustment of rates of main benefits and repeal of MSD’s duty to reduce rates of benefits for sole parents for failure to assist child support
10: Schedule 1 amended
1: In Schedule 1 CPI average weekly earnings
2: In Schedule 1 453 452A
3: In Schedule 1 Part 3 Part 1 Schedule Mandatory annual adjustment of rates of main benefits
11: Schedule 2 amended
1: In Schedule 2 average ordinary time weekly earnings section 452A(6) section 452A earner levies section 452A(6) section 452A standard tax section 452A(6) section 452A
2: In Schedule 2 incentive payment 453(2)﻿(f) 452A(2)﻿(d)
12: Schedule 4 amended
In the Schedule 4 452, 452A Repeal of MSD’s duty to reduce rates of benefits for sole parents for failure to assist child support: consequential amendments to other enactments
13: Social Security Regulations 2018 amended
1: This section amends the Social Security Regulations 2018
2: Revoke—
a: regulation 108(e)
b: subpart 5 2020-04-01 Social Security Regulations 2018 see section 2(2)﻿(a)
14: Child Support Act 1991 amended
1: This section amends the Child Support Act 1991
2: Repeal—
a: section 9(6), (6B), and (7)
b: section 122(2) 2020-04-01 Child Support Act 1991 see section 2(2)﻿(a)
2: Amendments to other Acts
1: Amendment to Child Support Act 1991
Principal Act
15: Principal Act
This subpart amends the Child Support Act 1991 principal Act 2020-04-01 Child Support Act 1991 Section 16 — see section 2(2)﻿(b) Commissioner authorised to decide social security beneficiary is not required to apply for formula assessment
16: Section 9 amended (Social security beneficiaries must apply for formula assessment)
In section 9(5B) the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 either the Commissioner or
2: Amendments to Veterans' Support Act 2014
Principal Act
17: Principal Act
This subpart amends the Veterans' Support Act 2014 principal Act 2019-06-06 Veterans' Support Act 2014 2020-04-01 Veterans' Support Act 2014 ss 18–20 — see s 2(2)﻿(c) Abatement of veteran’s pension
18: Section 158 amended (Interpretation)
In section 158(1)
19: Section 171 replaced (Abatement of veteran’s pension)
Replace section 171
171: Abatement of veteran’s pension
1: The amount payable to a veteran who is entitled to a veteran’s pension under section 161 or 164 is subject to abatement in accordance with regulations made under section 265.
2: Regulations made under section 265 may require different abatement (for example, different income tests, abatement rates, and abatement thresholds (for example, amounts, ranges, or both, of income per week)) for—
a: a veteran’s pension under section 161 and a veteran’s pension under section 164:
b: a veteran’s pension under section 164 if the veteran receives the veteran’s pension at—
i: the relationship rate, the single living alone rate, or the single sharing accommodation rate:
ii: the relationship (partner not receiving superannuation or pension) rate or the relationship (partner not receiving superannuation or pension) legacy rate.
3: Regulations made under section 265 that increase an amount of an abatement threshold (prescribed by regulations of that kind) for abatement of a veteran’s pension under section 161 or 164—
a: must state the date on which they are to have effect (which may be a date before the date on which they were made); and
b: apply to abatement thresholds as applicable on or after the date on which the regulations have effect.
4: Subsection (3) 2018 No 32 s 452
20: Section 265 amended (Regulations)
After section 265(1)﻿(29)
29A: section 171
21: Schedule 1 amended
In Schedule 1 Part 4 Part 2 Schedule