Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Farm Household Support Act 1992
Insert:
"combined couple rate of pension supplement"
Insert:
"illness separated couple"
Insert:
"maximum basic rate"
Insert:
"partial capacity to work"
Insert:
"partnered"
Insert:
"partnered (partner in gaol)"
Insert:
"Pension Rate Calculator A"
Insert:
"respite care couple"
Insert:
"advance qualification day" means:
(a) for a person qualifying for a clean energy advance because of a determination made under subsection 8G(1) or 8H(1)--the day that determination is made; or
(b) for a person qualifying for a clean energy advance because of a determination made under subsection 8G(2)--the day specified in that determination because of subsection 8G(3); or
(c) for a person qualifying for a clean energy advance because of a determination made under subsection 8H(2) or (3)--the day specified in that determination because of subsection 8H(4).
Insert:
"clean energy advance" means an advance described in section 8G, 8H or 24F.
Insert:
"clean energy advance daily rate" has the meaning given by section 24D.
Insert:
"clean energy advance period" means:
(a) for a person qualifying under section 8G for a clean energy advance--the period starting on 1 July 2012 and ending on 19 March 2013; or
(b) for a person qualifying under subsection 8H(1) or (2) for a clean energy advance--the period starting on 1 July 2012 and ending on 30 June 2013; or
(c) for a person qualifying under subsection 8H(3) for a clean energy advance--the period starting on 1 July 2013 and ending on 31 December 2013.
Insert:
"number of advance days" has the meaning given by section 24E.
Insert:
"pension age" has the same meaning as in the Social Security Act 1991 (otherwise than when used in Part 3.14A or 3.14B of that Act in relation to a person who is a veteran (within the meaning of the Veterans' Entitlements Act 1986 )).
Insert:
"youth allowance age" has the same meaning as in Part 2.11 of the Social Security Act 1991 .
Insert:
"youth disability supplement" has the same meaning as in Module D of the Youth Allowance Rate Calculator in the Social Security Act 1991 .
17 Part 2 (heading)
Repeal the heading, substitute:
Part 2 -- Qualification for and payability of certain support and payments
18 After Division 1B of Part 2
Insert:
Division 1C -- Qualification for clean energy advances
8G Person not of youth allowance age
Qualification for days 14 May 2012 to 30 June 2012
(1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine, in writing, that a person is qualified for a clean energy advance if, on that day:
(a) the person is not of youth allowance age; and
(b) the person receives exceptional circumstances relief payment; and
(c) the person's rate of payment is greater than nil; and
(d) the person is in Australia.
Qualification for days 1 July 2012 to 19 March 2013
(2) The Secretary may determine, in writing, that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 19 March 2013:
(a) the person is not of youth allowance age; and
(b) the person receives exceptional circumstances relief payment; and
(c) the person's rate of payment is greater than nil; and
(d) the person is in Australia.
(3) A determination under subsection (2) must specify the first day during the period set out in that subsection for which the person:
(a) satisfies paragraphs (2)(a), (b) and (c); and
(b) is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 13 weeks.
8H Person of youth allowance age
Qualification for days 14 May 2012 to 30 June 2012
(1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine, in writing, that a person is qualified for a clean energy advance if, on that day:
(a) the person is of youth allowance age; and
(b) the person receives exceptional circumstances relief payment; and
(c) the person's rate of payment is greater than nil; and
(d) the person is in Australia.
Qualification for days 1 July 2012 to 30 June 2013
(2) The Secretary may determine, in writing, that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 30 June 2013:
(a) the person is of youth allowance age; and
(b) the person receives exceptional circumstances relief payment; and
(c) the person's rate of payment is greater than nil; and
(d) the person is in Australia.
Qualification for days 1 July 2013 to 31 December 2013
(3) The Secretary may determine, in writing, that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2013 and ending on 31 December 2013:
(a) the person is of youth allowance age; and
(b) the person receives exceptional circumstances relief payment; and
(c) the person's rate of payment is greater than nil; and
(d) the person is in Australia.
First day of qualification under subsection (2) or (3)
(4) A determination under subsection (2) or (3) must specify the first day during the period set out in that subsection for which the person:
(a) satisfies paragraphs (a), (b) and (c) of that subsection; and
(b) is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 13 weeks.
8J Limits on qualifying for multiple advances
(1) A person cannot qualify for more than one clean energy advance under section 8G.
(2) A person can qualify for at most 2 clean energy advances under section 8H:
(a) one under either subsection 8H(1) or (2); and
(b) one under subsection 8H(3).
(3) A person who has qualified for a clean energy advance under subsection 8H(1) cannot qualify for a clean energy advance under subsection 8G(1).
Note 1: Top - up payments of clean energy advance may be payable under section 24F if the person's circumstances change during the person's clean energy advance period.
Note 2: A person who has qualified for a clean energy advance under subsection 8H(1) or (2) can qualify for a clean energy advance under subsection 8G(2).
Note 3: However, a second qualification mentioned in note 2 will only result in a further payment if it satisfies the criteria for a top - up payment (see subsection 24C(3) and section 24D).
19 At the end of subsection 14(1)
Add:
Note: A claim is not required for a clean energy advance.
20 After Part 4
Insert:
Part 4A -- Amount of a clean energy advance
24C Amount of a clean energy advance
(1) On the day (the decision day ) that the Secretary determines that a person (the recipient ) is qualified for a clean energy advance, the Secretary must work out the amount of the advance.
Note: The advance will be paid in a lump sum as soon as is reasonably practicable (see subsection 25(4) and section 26C).
(2) The amount of the advance is the result of the following formula rounded up to the nearest multiple of $10:
(3) However, no amount is payable under this section for the qualification if:
(a) the qualification is under section 8G; and
(b) a clean energy advance has already been paid to the recipient for a qualification under section 8H.
Note: The qualification under section 8G may result in a top - up payment under section 24F.
24D Clean energy advance daily rate
Recipient has reached pension age
(1) If the recipient reaches pension age on or before the decision day, the recipient's clean energy advance daily rate is worked out by:
(a) working out 1.7% of the total of:
(i) double the maximum basic rate under Pension Rate Calculator A, worked out for 1 July 2012 for a person who is partnered; and
(ii) the combined couple rate of pension supplement for 1 July 2012; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $5.20 (rounding up if that result is not a multiple of $5.20 but is a multiple of $2.60); and
(c) adding $5.20 to the result of paragraph (b); and
(d) applying the applicable percentage in the following table to the result of paragraph (c); and
(e) dividing the result of paragraph (d) by 364.
Percentage to be applied | ||
Item | Recipient's family situation on the advance qualification day | Use this % |
1 | Not a member of a couple | 66.33% |
2 | Partnered | 50% |
3 | Member of an illness separated couple | 66.33% |
4 | Member of a respite care couple | 66.33% |
5 | Partnered (partner in gaol) | 66.33% |
Recipient under pension age but not of youth allowance age
(2) If the recipient is not covered by subsection (1) and is not of youth allowance age on the advance qualification day, the recipient's clean energy advance daily rate is worked out by:
(a) working out 1.7% of the maximum basic rate for newstart allowance, worked out:
(i) for 1 July 2012; and
(ii) for a person in circumstances the same as the recipient's on the advance qualification day; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and
(c) adding 20 cents to the result of paragraph (b); and
(d) dividing the result of paragraph (c) by 14.
Recipient under 21 with a partial capacity to work
(3) If, on the advance qualification day, the recipient is under 21 and has a partial capacity to work, the recipient's clean energy advance daily rate is worked out by:
(a) working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, for youth allowance, worked out:
(i) for the first day of the recipient's clean energy advance period; and
(ii) for a person in circumstances the same as the recipient's on the advance qualification day; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and
(c) adding 20 cents to the result of paragraph (b); and
(d) dividing the result of paragraph (c) by 14.
Other recipients of youth allowance age
(4) If, on the advance qualification day, the recipient is of youth allowance age and not covered by subsection (3), the recipient's clean energy advance daily rate is worked out by:
(a) working out 1.7% of the maximum basic rate for youth allowance, worked out:
(i) for the first day of the recipient's clean energy advance period; and
(ii) for a person in circumstances the same as the recipient's on the advance qualification day; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and
(c) adding 20 cents to the result of paragraph (b); and
(d) dividing the result of paragraph (c) by 14.
The recipient's number of advance days is the number of days in the recipient's clean energy advance period that are on or after:
(a) if the recipient qualifies for the clean energy advance before 1 July 2012--1 July 2012; or
(b) otherwise--the advance qualification day.
24F Top - up payments of clean energy advance
Work out adjusted amount if circumstances change
(1) If:
(a) the Secretary pays a clean energy advance (the original payment ) to the recipient; and
(b) the recipient's circumstances change on a day (the change day ) before the end of the recipient's clean energy advance period;
work out an amount under subsection (3). However, if this section has previously applied to the recipient, work out an amount under subsection (4).
When a top - up is payable
(2) If the total of:
(a) the original payment; and
(b) any previous payments under this subsection;
falls short of the amount worked out under subsection (3) or (4) (as applicable), the recipient is qualified for a further payment of clean energy advance equal to the amount of the shortfall.
Note: The advance will be paid in a lump sum as soon as is reasonably practicable (see subsection 25(4) and section 26C).
Adjusted amount for the earliest change day
(3) For the purposes of subsection (1), round up to the nearest multiple of $10 the result of the formula:
where:
"first pro-rata amount" means the amount that would be the result of the formula set out in subsection 24C(2) if:
(a) the advance qualification day were the change day; and
(b) if the change day is specified in a determination, for the recipient, under subsection 8G(2) because of subsection 8G(3):
(i) the recipient's clean energy advance period were worked out by reference to the qualification resulting from that determination; and
(ii) the reference in subsection 24D(1) to the decision day were a reference to the change day.
Note: Paragraph (b) only applies if the recipient qualifies a second time for a clean energy advance, this time under section 8G (whereas the recipient qualified for the original payment under section 8H).
"original pro-rata amount" means the amount that would be the result of the formula set out in subsection 24C(2) if the recipient's number of advance days did not include days on or after the change day.
Note: The formula set out in subsection 24C(2) does not include the rounding mentioned in that subsection.
Adjusted amount for later change days
(4) For the purposes of subsection (1), round up to the nearest multiple of $10 the sum of the following:
(a) the original pro - rata amount worked out under subsection (3) for the earliest change day;
(b) the first pro - rata amount worked out under subsection (3) for the earliest change day but as if the number of advance days did not include days on or after the next change day;
(c) the amount for each change day later than the earliest worked out in a way corresponding to the way the first pro - rata amount was worked out under paragraph (b) for the earliest change day.
21 Part 5 (heading)
Repeal the heading, substitute:
Part 5 -- Payment of certain support and payments
22 At the end of section 25
Add:
(4) Clean energy advance becomes payable to a person qualified for the advance on the day the Secretary considers to be the earliest day on which it is reasonably practicable for the advance to be made. However, the Secretary must not pay the advance if the Secretary is aware that the person has died.
Note: This subsection applies to a qualification under section 8G, 8H or 24F.
23 After section 26B
Insert:
26C Clean energy advance to be by way of a single lump sum
Clean energy advance is paid to a person in a single lump sum in such manner as the Secretary considers appropriate.
Note: An amount of clean energy advance may be reduced for the purpose of recovering a debt under section 56 of this Act (see section 1231A of the Social Security Act 1991 ).
24 Paragraph 54(1)(c)
Omit "or farm help income support", substitute ", farm help income support or clean energy advance".
25 Section 55 (heading)
Repeal the heading, substitute:
55 Certain support and payments to be inalienable
26 Section 55
Omit "and farm help scheme payments are", substitute ", farm help scheme payments and clean energy advances are".
27 At the end of section 56 (before the note)
Add:
(4) If:
(a) an amount purporting to be an amount of clean energy advance has been paid to a person; and
(b) some or all of the amount was not payable to the person;
the amount that was not payable may be recovered by the Commonwealth as a debt due to the Commonwealth.
28 Section 56 (note)
Omit "or farm help income support", substitute ", farm help income support or clean energy advance".
29 Subsection 57(3)
Omit "Exceptional circumstances relief payment is", substitute "Exceptional circumstances relief payment and clean energy advance are".
30 Section 1227A (heading)
Repeal the heading, substitute:
1227A Certain debts arising under Farm Household Support Act
31 Subsection 1227A(1A)
After "re - establishment grant", insert ", or an amount of clean energy advance (within the meaning of that Act),".
32 After paragraph 1227A(2)(a)
Insert:
(aa) if a clean energy advance (within the meaning of the Farm Household Support Act 1992 ) is payable to the person liable to pay the debt--a deduction from that advance; or
33 Subsection 1227A(3)
After "re - establishment grant", insert ", or an amount of clean energy advance (within the meaning of the Farm Household Support Act 1992 ),".
34 Section 1231A (heading)
Repeal the heading, substitute:
1231A Deductions from debtor's farm household payments or support
35 Paragraph 1231A(1)(b)
Omit "drought relief payment", substitute "a payment or support".
36 Subsection 1231A(2)
Omit "or the farm help income support", substitute ", the farm help income support or the clean energy advance (within the meaning of the Farm Household Support Act 1992 )".
37 At the end of section 1231A
Add:
(5) For the purposes of this section, treat the payment of a clean energy advance (within the meaning of the Farm Household Support Act 1992 ) as the payment of an instalment of that advance.
Note: This will be a single instalment.