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EMPLOYMENT AND WORKPLACE RELATIONS LEGISLATION AMENDMENT (WELFARE TO WORK AND OTHER MEASURES) ACT 2005 - SCHEDULE 15

Concession cards

 

Social Security Act 1991

1   After subsection 1061ZA(2)

Insert:

  (2A)   Subject to subsection   ( 3), a person is qualified for a pensioner concession card on a day if, on that day:

  (a)   the person is receiving a youth allowance; and

  (b)   the person is not undertaking full - time study and is not a new apprentice; and

  (c)   the person:

  (i)   has a partial capacity to work; or

  (ii)   is the principal carer of at least one child and is not a member of a couple.

Note 1:   For undertaking full - time study see section   541B.

Note 2:   For new apprentice see subsection 23(1).

Note 3:   For partial capacity to work see section   16B.

Note 4:   For principal carer see subsections 5(15) to (24).

  (2B)   Subject to subsection   ( 3), a person is qualified for a pensioner concession card on a day if, on that day:

  (a)   the person is receiving a newstart allowance; and

  (b)   the person:

  (i)   has a partial capacity to work; or

  (ii)   is the principal carer of at least one child and is not a member of a couple; and

  (c)   the person is not qualified for a pensioner concession card under subsection   ( 2).

Note 1:   For partial capacity to work see section   16B.

Note 2:   For principal carer see subsections 5(15) to (24).

2   Subsection 1061ZA(3)

Omit " subsections   ( 1) and (2)", substitute " subsections   ( 1), (2), (2A) and (2B)".

3   Subsection 1061ZA(4)

Omit " subsections   ( 1) and (2)", substitute " subsections   ( 1), (2), (2A) and (2B)".

4   After paragraph 1061ZC(1)(c)

Insert:

  and (ca)   the person did not become qualified under section   1061ZEB for a pensioner concession card because of that employment or increase in ordinary income;

5   Subsection 1061ZD(1)

Omit " subsection   ( 5)", substitute " subsections   ( 5), (5A) and (7)".

6   After subsection 1061ZD(5)

Insert:

  (5A)   If, during the period of 52 weeks referred to in subsection   ( 1), a person receives an instalment of:

  (a)   a youth allowance while subsection 1061ZA(2A) applies to the person; or

  (b)   a newstart allowance while subsection 1061ZA(2B) applies to the person;

that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.

7   At the end of section   1061ZD

Add:

  (7)   This section does not apply in any case where a person is qualified for a pensioner concession card under section   1061ZEB.

8   Subsection 1061ZEA(1)

Omit "or 1061ZE", substitute ", 1061ZE or 1061ZEB".

9   Paragraph 1061ZEA(2)(f)

Omit "1061ZA(2)", substitute "1061ZA(2), (2A) or (2B)".

10   Subparagraph 1061ZEA(2)(g)(ii)

Omit "1061ZA(2)", substitute "1061ZA(2), (2A) or (2B)".

11   After section   1061ZEA

Insert:

1061ZEB   Extended qualification rule: persons with a partial capacity to work

  (1)   A person is qualified for a pensioner concession card for the period of 52 weeks starting on the day on which this section begins to apply to the person.

  (2)   Subject to subsection   ( 3), this section applies to a person if:

  (a)   either:

  (i)   the person has been receiving a youth allowance while the person was n ot undertaking full - time study and was not a new apprentice; or

  (ii)   the person has been receiving a newstart allowance; and

  (b)   because there is an increase in the person's ordinary income from employment (and after any working credit balance of the person is reduced to nil), the youth allowance or newstart allowance ceases to be payable to the person; and

  (c)   at the time of the cessation the person:

  (i)   was qualified for a pensioner concession card because of subsection 1061ZA(2A) or (2B); and

  (ii)   had a partial capacity to work.

Note 1:   For undertaking full - time study see section   541B.

Note 2:   For new apprentice see subsection 23(1).

Note 3:   For partial capacity to work see section   16B.

  (3)   This section only applies to a person while the person is in Australia and is an Australian resident.

  (4)   If, during the period of 52 weeks referred to in subsection   ( 1), a person receives an instalment of:

  (a)   a youth allowance while subsection 1061ZA(2A) applies to the person; or

  (b)   a newstart allowance while subsection 1061ZA(2B) applies to the person; or

  (c)   a social security pension;

that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.

12   Subsection 1061ZK(5)

After "to a person", insert "(other than a person who is qualified for a pensioner concession card because of subsection 1061ZA(2A))".

13   After subsection 1061ZM(1B)

Insert:

  (1BA)   If the person:

  (a)   was an employment - affected person because of receiving youth allowance or newstart allowance; and

  (b)   was, on the day on which the person ceased to be an employment - affected person, the principal carer of at least one child; and

  (c)   is qualified for a pensioner concession card under section   1061ZEA until a day (the particular day );

subsection   ( 1) has effect as if the reference to the period of 26 weeks starting on the day on which the person ceases to be an employment - affected person were a reference to the period starting on the particular day and ending 26 weeks after the person ceases to be an employment - affected person.

Note:   For principal carer see subsections 5(15) to (24).




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