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A NEW TAX SYSTEM (COMPENSATION MEASURES LEGISLATION AMENDMENT) ACT 1999 - SCHEDULE 2

Veterans' Entitlements Act 1986

Part   1 -- Increases to rates and free areas

1   Paragraph 30(1)(b)

Repeal the paragraph, substitute:

  (b)   $25 per fortnight; and

  (c)   the supplement amount per fortnight provided for in subsection   ( 1A).

2   After subsection 30(1)

Insert:

  (1A)   A person's supplement amount is the amount of pension supplement that would be payable to the person under point SCH6 - BA2 if the person were receiving a pension at the rate listed in column 3 of item   1 of the table in point SCH6 - B1, divided by 26.

3   Section   59A (after table item   1)

Insert:

 

2.

Pension supplement

pension supplement

* Rate Calculator--point SCH6 - BA2--all amounts

4   Subsection 59B(1) (after table item   1)

Insert:

 

1A.

pension supplement

(a) 20   March

(b) 20   September

(a) December

(b) June

highest June or December quarter before reference quarter (but not earlier than June quarter 1979)

$2.60

5   Subsection 59C(2) (note)

Omit "Note", substitute "Note 1".

6   At the end of subsection 59C(2)

Add:

Note 2:   On the indexation days following 19   March 2001, the indexation of amounts that were increased by 4% or 10% on 1   July 2000   may be affected by section   198H.

7   At the end of section   59L

Add:

  (3)   This Act has effect as if, on 1   July 2000, the amount worked out in accordance with the following formula were substituted for the PA (service pension) rate:

where:

"benefit PA "partnered" (item 2) rate" is the current figure for the benefit "partnered" (item   2) rate within the meaning of the Social Security Act.

  (4)   This Act has effect as if, on 1   July 2000, the amount worked out in accordance with the following formula were substituted for the PA (Part   VIIA) rate:

where:

"benefit PA "partnered" (item 2) rate" is the current figure for the benefit "partnered" (item   2) rate within the meaning of the Social Security Act.

8   Subsection 59Q(8)

Before the example, insert:

Note:   The following example is based on amounts and rates as at 1   January 1998.

9   Subsection 98B(2)

Omit "$550", substitute "$572".

10   Paragraph 99(4)(a)

Omit "$550", substitute "$572".

11   Subsection 100(2)

Omit "$550", substitute "$572".

12   Subsection 102(4)

Omit "$2", substitute "$2.10".

13   Subsection 103(4)

Omit "$2,700", substitute "$2,808".

14   Subsection 118AAC(2)

Omit "$200", substitute "$208".

15   Point 118ZAA - 11 (table)

Omit "$40,000" (wherever occurring), substitute "$41,000".

16   Point 118ZAA - 11 (table)

Omit "$33,500", substitute "$34,338".

17   Point 118ZAA - 11 (table)

Omit "$36,698", substitute "$37,615".

18   Point 118ZAA - 11 (table)

Omit "$624" (wherever occurring), substitute "$639.60".

19   Subpoint SCH6 - A1(2) (method statement, after step 1)

Insert:

Step 1A .   Work out the amount of pension supplement using Module BA below.

20   Subpoint SCH6 - A1(2) (method statement, step 4)

After "1,", insert "1A,".

21   Subpoint SCH6 - A1(3) (method statement, after step 2)

Insert:

Step 2A .   Work out the amount of pension supplement using Module BA below.

22   Subpoint SCH6 - A1(3) of Schedule   6 (method statement 2, step 4)

After "2", insert ", 2A".

23   Subpoint SCH6 - A1(6) (method statement, after step 1)

Insert:

Step 1A .   Work out the amount of pension supplement using Module BA below.

24   Subpoint SCH6 - A1(6) (method statement, step 4)

After "1,", insert "1A,".

25   Point SCH6 - A4

Omit "$3,122.60", substitute "$3,247.40".

26   Point SCH6 - A5

After "his or her ceiling rate is", insert ", subject to point SCH6 - A5A,".

27   After point SCH6 - A5

Insert:

  SCH6 - A5A   On and after 1   July 2000, the ceiling rate referred to in point SCH6 - A5 is taken to be equal to the pre - November 1986 rate increased by 4%.

28   Part   2 of Schedule   6 (after Module B)

Insert:

Module BA -- Pension supplement

Pension supplement

  SCH6 - BA1   The amount of a person's pension supplement depends on the person's maximum basic rate. There is a pension supplement amount for each maximum basic rate listed in the table in point SCH6 - B1.

Amount of pension supplement

  SCH6 - BA2   The amount of a person's pension supplement is worked out by:

  (a)   calculating the amount (the provisional supplement amount ) that is 4% of the person' s 1   July 2000 maximum basic rate; and

  (b)   rounding off the provisional supplement amount in accordance with points SCH6 - BA4 to SCH6 - BA6.

Note:   The pension supplement amounts are indexed 6 monthly in line with CPI increases (see sections   59B to 59E).

  SCH6 - BA3   A person's 1   July 2000 maximum basic rate is the maximum basic rate that would have been the person's maximum basic rate if the rate had not changed since 1   July 2000.

Rounding off of provisional supplement amount

  SCH6 - BA4   If a provisional supplement amount is a multiple of $2.60, the amount of the pension supplement is the provisional supplement amount.

  SCH6 - BA5   If a provisional supplement amount is not a multiple of $2.60, the amount of the pension supplement is the provisional supplement amount rounded up or down to the nearest multiple of $2.60.

  SCH6 - BA6   If a provisional supplement amount is not a multiple of $2.60, but is a multiple of $1.30, the amount of the pension supplement is the provisional supplement amount rounded up to the nearest multiple of $2.60.

29   Point SCH6 - E6 (table)

Omit "624"(wherever occurring), substitute "639.60".

30   Point SCH6 - E6 (table)

Omit "312", substitute "319.80".

31   Point SCH6 - E6 (table)

Omit "24" (wherever occurring), substitute "24.60".

32   Point SCH6 - E6 (table)

Omit "12", substitute "12.30".

33   Point SCH6 - E10 (examples)

After "Ordinary/adjusted income free area examples", insert:

Note:   The following examples are based on the amounts and rates set out in this Module at the commencement of this Schedule (see clause   5 of Part   1 of this Schedule).

34   Point SCH6 - G2 (table item   1, column 3)

Omit "455.00", substitute "473.20".

35   Point SCH6 - G2 (table item   1, column 4)

Omit "17.50", substitute "18.20".

36   Point SCH6 - G2 (table item   1, column 5)

Omit "182.00", substitute "189.80".

37   Point SCH6 - G2 (table item   1, column 6)

Omit "7.00", substitute "7.30".

38   Point SCH6 - G2 (table item   2, column 3)

Omit "390.00", substitute "405.60".

39   Point SCH6 - G2 (table item   2, column 4)

Omit "15.00", substitute "15.60".

40   Point SCH6 - G2 (table item   2, column 5)

Omit "182.00", substitute "189.80".

41   Point SCH6 - G2 (table item   2, column 6)

Omit "7.00", substitute "7.30".

42   After section   198F

Insert:

198G   1   July 2000 increase in certain amounts

  (1)   This section applies to an amount (the base amount ) that is provided for in a provision listed in column 2 of Table A.

Note:   Amounts provided for in provisions listed in Table A are amounts as altered from time to time under Division   18 of Part   IIIB and sections   198, 198A, 198D and 198F (CPI indexation).

  (2)   This Act has effect as if, on 1   July 2000, the base amount were replaced by an amount (the replacement amount ) worked out by:

  (a)   calculating the amount (the provisional replacement amount ) that is 4% greater than the base amount; and

  (b)   rounding off the provisional replacement amount in accordance with section   198M, using the rounding base for the base amount (see column 4 of Table A).

  (3)   For the purposes of subsection   ( 1), the base amount is to include any indexation that occurs on 1   July 2000 under Division   18 of Part   IIIB or section   198, 198A, 198D or 198F.

 

Table A: Rates

Column 1

Item

Column 2

Provision providing for base amount

Column 3

Description of amount

Column 4

Rounding base for base amount

1

subsection 22(3)

disability pension (general)

0.10

2

subsection 23(4)

disability pension (intermediate)

0.10

3

subsection 24(4)

disability pension (special)

0.10

4

subsection 27(1)--table--items   1 to 6

disability pension (war - caused injury or disease)

0.10

5

subsection 27(1)--table--items   7 to 15

disability pension (war - caused injury or disease)

0.10

6

subsection 30(2)--all amounts

orphan pension

0.10

7

subsection 97(1)--table--column 2--all amounts

clothing allowance

0.10

8

subsection 98(1)--table--column 2--all amounts

attendant allowance

0.10

9

subsection 104(1)--table--column 2--all amounts

recreation transport allowance

0.10

10

subsection 118S(1)

telephone allowance

0.80

198GA   1   July 2000 increase in rent assistance amounts

  (1)   This section applies to an amount (the base amount ) of rent assistance that is provided for in column 4 of the table in subpoint SCH6 - C8(1).

Note:   Amounts provided for in column 4 of the table in subpoint SCH6 - C8 are amounts as altered from time to time under Division   18 of Part   IIIB (CPI indexation).

  (2)   This Act has effect as if, on 1   July 2000, the base amount were replaced by an amount (the replacement amount ) worked out by:

  (a)   calculating the amount (the provisional replacement amount ) that is 10% greater than the base amount; and

  (b)   rounding off the provisional replacement amount in accordance with section   198M, using the rounding base of $5.20.

198H   Adjustment of amounts following 1   July 2000 increase

  (1)   If an amount (the affected amount ) is:

  (a)   an amount described in the table in section   198G that is indexed under Division   18 of Part   IIIB or under section   198, 198A, 198D or 198F; or

  (b)   the amount described in section   198GA; or

  (c)   a maximum basic rate provided for in point SCH6 - B1; or

  (d)   a pension supplement provided for in point SCH6 - BA2; or

  (e)   an amount provided for in paragraph 30(1)(a); or

  (f)   a pension supplement provided for in subsection 30(1A);

this section applies to modify the way the amount is indexed under that Division or section (as the case may be) for a limited period after 19   March 2001.

Method statement

Step 1.   Work out the current figure for the affected amount on 19   March 2001.

Step 2.   Multiply the current figure by 0.02. The result is the provisional overall adjustment amount .

Step 3.   Round off the provisional overall adjustment amount in accordance with subsections   ( 6) to (8), using:

  (a)   for an affected amount described in the table in section   198G--the rounding base set out in that table for that amount; and

  (b)   for the amount described in section   198GA--the rounding base of $5.20; and

  (c)   for a maximum basic rate provided for in point SCH6 - B1--the rounding base of $2.60; and

  (d)   for a pension supplement provided for in point SCH6 - BA2--the rounding base of $0.10; and

  (e)   for an amount provided for in paragraph 30(1)(a)--the rounding base of $0.10; and

  (f)   for a pension supplement provided for in subsection 30(1A)--the rounding base of $0.10.

  The result is the overall adjustment amount .

Step 4.   For the first indexation day for an affected amount that occurs after 19   March 2001, subtract the current figure from the indexed amount (arrived at using the method statement in subsection 59C(2)). The result (which could be zero) is the first indexation increase amount .

Step 5.   Compare the overall adjustment amount with the first indexation increase amount. If the overall adjustment amount is equal to or less than the first indexation increase amount, go to step 6. If the overall adjustment amount is greater than the first indexation increase amount, go to step 9.

Step 6.   Subtract the overall adjustment amount from the indexed amount referred to in step 4.

Step 7.   If the indexed amount is a pension supplement, round off the result in accordance with subsections   ( 6) to (8) (as if the amount were a provisional overall adjustment amount), using the rounding base of $2.60.

Step 8.   The result obtained under step 6 or step 7 (as the case requires) is taken to be the indexed amount for the purposes of step 5 of the method statement in subsection 59C(2) and this section has no further application in relation to the affected amount.

  Note:   The indexed amount for the purposes of step 5 of the method statement in subsection 59C(2) may be increased under section   59EA in certain cases. Similarly, if the indexed amount is a rate worked out under section   198, that amount may be increased under subsection 198(6) or (7) in certain cases.

Step 9.   The indexed amount for the purposes of step 5 of the method statement in subsection 59C(2) is taken to be equal to the current figure worked out under step 2 of the method statement in subsection 59C(2). Go to step 10.

  Note:   The indexed amount for the purposes of step 5 of the method statement in subsection 59C(2) may be increased under section   59EA in certain cases. Similarly, if the indexed amount is a rate worked out under section   198, that amount may be increased under subsection 198(6) or (7) in certain cases.

Step 10.   For the second indexation day for the affected amount that occurs after 19   March 2001, subtract the first indexation increase amount from the overall adjustment amount. The result is the remaining adjustment amount .

Step 11.   Subtract the current figure from the indexed amount (arrived at using the method statement in subsection 59C(2)). The result (which could be zero) is the second indexation increase amount .

Step 12.   Compare the remaining adjustment amount with the second indexation increase amount. If the remaining adjustment amount is equal to or less than the second indexation increase amount, go to step 13. If the remaining adjustment amount is greater than the second indexation increase amount, go to step 16.

Step 13.   Subtract the remaining adjustment amount from the indexed amount.

Step 14.   If the indexed amount is a pension supplement, round off the result in accordance with subsections   ( 6) to (8) (as if the amount were a provisional overall adjustment amount), using the rounding base of $2.60.

Step 15.   The result obtained under step 13 or step 14 (as the case requires) is taken to be the indexed amount for the purposes of step 5 of the method statement in subsection 59C(2) and this section has no further application in relation to the affected amount.

  Note:   The indexed amount for the purposes of step 5 of the method statement in subsection 59C(2) may be increased under section   59EA in certain cases. Similarly, if the indexed amount is a rate worked out under section   198, that amount may be increased under subsection 198(6) or (7) in certain cases.

Step 16 .   The indexed amount for the purposes of step 5 of the method statement in subsection 59C(2) is taken to be equal to the current figure worked out under step 2 of the method statement in subsection 59C(2). Go to step 17.

  Note:   The indexed amount for the purposes of step 5 of the method statement in subsection 59C(2) may be increased under section   59EA in certain cases. Similarly, if the indexed amount is a rate worked out under section   198, that amount may be increased under subsection 198(6) or (7) in certain cases.

Step 17.   Repeat the method set out in steps 10 to 16 in relation to the third indexation day and to subsequent indexation days until the remaining adjustment amount is zero.

Meaning of terms in method statement if amount is indexed under section   198, 198A, 198D or 198F

  (2)   For the purposes of applying the Method statement in this section to an affected amount indexed under section   198, 198A, 198D or 198F, the following expressions used in the Method statement have the meanings set out below:

"current figure" , as at a particular time, means the rate most recently substituted for a relevant rate under section   198, 198A, 198D or 198F (as the case may be) before that time.

"indexed amount" means the rate worked out under subsection   ( 4) of section   198, 198A, 198D or 198F (as the case may be).

Modifications to method statement if amount is indexed under section   198, 198A, 198D or 198F

  (3)   If the affected amount is indexed under section   198, 198A, 198D or 198F, the following Steps in the Method statement in this section are to be read with the following modifications:

  (a)   Step 4--as if the words "(arrived at using the Method statement in subsection 59C(2))" were omitted;

  (b)   Step 8--as if the words "Step 5 of the Method statement in subsection 59C(2)" were omitted and the words "section   198, 198A, 198D or 198F (as the case may be)" were substituted;

  (c)   Step 9--as if the words "Step 5 of the Method statement in subsection 59C(2) is taken to be equal to the current figure worked out under Step 2 of the Method statement in subsection 59C(2)" were omitted and the words "section   198, 198A, 198D or 198F (as the case may be) is taken to be equal to the current figure" were substituted;

  (d)   Step 11--as if the words "arrived at using the Method statement in subsection 59C(2))" were omitted;

  (e)   Step 15--as if the words "Step 5 of the Method statement in subsection 59C(2)" were omitted and the words "section   198, 198A, 198D or 198F (as the case may be)" were substituted;

  (f)   Step 16--as if the words "Step 5 of the Method statement in subsection 59C(2) is taken to be equal to the current figure worked out under Step 2 of the Method statement in subsection 59C(2)" were omitted and the words "section   198, 198A, 198D or 198F (as the case may be) is taken to be equal to the current figure" were substituted.

Application of section   59EA

  (4)   Section   59EA does not apply at Step 4 or Step 11 of the Method statement in this section.

Application of subsections 198(6) and (7)

  (5)   Subsections 198(6) and (7) do not apply at Step 4 or Step 11 of the Method statement in this section.

Rounding of provisional overall adjustment amounts

  (6)   If a provisional overall adjustment amount is a multiple of the rounding base, the provisional overall adjustment amount is the overall adjustment amount.

  (7)   If a provisional overall adjustment amount is not a multiple of the rounding base, the overall adjustment amount is the provisional overall adjustment amount rounded up or down to the nearest multiple of the rounding base.

  (8)   If a provisional overall adjustment amount is not a multiple of the rounding base, but is a multiple of half the rounding base, the overall adjustment amount is the provisional overall adjustment amount rounded up to the nearest multiple of the rounding base.

198J   1   July 2000 increase in income test free area

  (1)   This section applies to an amount (the base amount ) that is provided for in item   1, 2 or 3 of column 3 of the table in point SCH6 - E6.

  (2)   This Act has effect as if, on 1   July 2000, the base amount were replaced by an amount (the replacement amount ) worked out by:

  (a)   calculating the amount (the provisional replacement amount ) that is 2.5% greater than the base amount; and

  (b)   rounding off the provisional replacement amount in accordance with section   198M using a rounding base of $52.00.

  (3)   For the purposes of subsection   ( 1), the base amount is to include any indexation that occurs on 1   July 2000 under Division   18 of Part   IIIB.

198K   1   July 2000 increase in assets test free area

  (1)   This section applies to an amount (the base amount ) that is provided for in:

  (a)   item   1 or 2 of column 3A of the table in point SCH6 - F3; or

  (b)   item   2 of column 3B of the table in point SCH6 - F3.

  (2)   This Act has effect as if, on 1   July 2000, the base amount were replaced by an amount (the replacement amount ) worked out by:

  (a)   calculating the amount (the provisional replacement amount ) that is 2.5% greater than the base amount; and

  (b)   rounding off the provisional replacement amount in accordance with section   198M, using a rounding base of $250.00.

  (3)   For the purposes of subsection   ( 1), the base amount is to include any indexation that occurs on 1   July 2000 under Division   18 of Part   IIIB.

198L   1   July 2000 increase in income/assets reduction limit

  (1)   This section applies to an amount (the base amount ) that is provided for in column 3 or 5 of the table in subsection 53E(2).

  (2)   This Act has effect as if, on 1   July 2000, the base amount were replaced by an amount (the replacement amount ) worked out by:

  (a)   calculating the amount (the provisional replacement amount ) that is 2.5% greater than the base amount; and

  (b)   rounding off the provisional replacement amount in accordance with section   198M, using a rounding base of $2.60.

198M   Rounding off provisional replacement amounts

  (1)   If a provisional replacement amount is a multiple of the rounding base, the provisional replacement amount is the replacement amount.

  (2)   If a provisional replacement amount is not a multiple of the rounding base, the replacement amount is the provisional replacement amount rounded up or down to the nearest multiple of the rounding base.

  (3)   If a provisional replacement amount is not a multiple of the rounding base, but is a multiple of half the rounding base, the replacement amount is the provisional replacement amount rounded up to the nearest multiple of the rounding base.


Part   2 -- Taper rates

43   Point SCH6 - C13 (step 6 of the method statement)

Omit "Halve the person's disability pension income excess", substitute "Multiply the person's disability pension income excess by 0.4".

44   Subpoint SCH6 - E11(1)

Repeal the subpoint, substitute:

  (1)   A person's reduction for ordinary/adjusted income is:


Part   3 -- Increase in certain pensions

45   1   July 2000 increase in rate of certain pensions

(1)   If, on or after 1   July 2000, a pension is payable to a person because of the operation of subsection 4(6) or 10(1) of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 , the rate at which the pension is payable is the amount that is 4% greater than the rate at which the pension was payable to the person immediately before 1   July 2000.

(2)   The amount is to be rounded as follows:

  (a)   if the pension is payable because of subsection 4(6) of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986-- to the nearest cent (rounding 0.5 cents upwards);

  (b)   otherwise--to the nearest ten cents (rounding 5 cents upwards).



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