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Social Security (Non-Budget Measures) Legislation Amendment Act 1995

No. 105 of 1995

An Act to amend the law relating to social security, and for related purposes

                                     [Assented to 29 September 1995]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Social Security (Non-Budget Measures) Legislation Amendment Act 1995,

Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Subdivision A of Division 2 of Part 2 is taken to have commenced on 1 July 1993.

(3) Sections 8 and 9 are taken to have commenced on 1 July 1995.

(4) Section 10 is taken to have commenced on 1 April 1993.

(5) Division 5 of Part 2 is taken to have commenced on 20 September 1994, immediately after Part 3 of the Social Security (Home Child Care and Partner Allowances) Legislation Amendment Act 1994.

(6) Paragraphs 17(c) and (d) and section 18 commence on 1 January 1996.

(7) Division 15 of Part 2 is taken to have commenced on 29 November 1993.

(8) Subdivision R of Division 18 of Part 2 commences on 1 July 1995.

(9) Division 18 of Part 2 commences on 20 March 1995.

(10) Paragraph 49(a) and Part 1 of the Schedule are taken to have commenced on 12 March 1992.

(11) Paragraph 49(b) and Part 2 of the Schedule are taken to have commenced on 1 July 1992.

(12) Paragraph 49(c) and Part 3 of the Schedule are taken to have commenced on 28 January 1993.

(13) Paragraph 49(d) and Part 4 of the Schedule are taken to have commenced on 1 March 1993.

(14) Paragraph 49(e) and Part 5 of the Schedule are taken to have commenced on 24 December 1993.

(15) Paragraph 49(f) and Part 6 of the Schedule are taken to have commenced on 1 January 1994.

PART 2—AMENDMENTS OF THE SOCIAL SECURITY ACT 1991

Division 1—Preliminary

Principal Act

3. In this Part, "Principal Act" means the Social Security Act 19911.

Division 2—Carer pension

Subdivision A—Qualification

Qualification for carer pension

4. Section 198 of the Principal Act is amended by inserting after subsection (1A):

"(1B) Subject to subsection (1C), if:

   (a) a person (the 'carer') is personally providing constant care for a severely handicapped person; and

   (b) the handicapped person is temporarily absent from Australia for a period of not more than 3 months; and

   (c) the carer accompanies the handicapped person on his or her absence from Australia;

the carer does not cease to be qualified for a carer pension merely because of that absence from Australia.

"(1C) If, during a calendar year, the carer has accompanied the handicapped person outside Australia on