Commonwealth Consolidated Acts Commonwealth Consolidated ActsIncome Tax Assessment Act 1997
1 Section 52 - 10 (after table item 22A.1)
Insert:
22B.1 | Seniors concession allowance | Exempt | Exempt | Not applicable | Not applicable |
2 Section 52 - 40 (after table item 22A)
Insert:
22B | Seniors concession allowance | Part 2.25B | Not applicable | Not applicable |
3 Subsection 23(1)
Insert:
"seniors concession allowance" means seniors concession allowance under Part 2.25B.
4 Before Part 2.26 of Chapter 2
Insert:
Part 2.25B -- Seniors concession allowance
Division 1 -- Qualification for and payability of seniors concession allowance
1061U Qualification for seniors concession allowance
A person is qualified for seniors concession allowance if:
(a) the person is the holder of a seniors health card and is in Australia; or
(b) all of the following apply to the person:
(i) the person is temporarily absent from Australia;
(ii) the person has been so for a continuous period not exceeding 13 weeks;
(iii) the person was the holder of a seniors health card immediately before leaving Australia.
1061UA When seniors concession allowance is payable
(1) Seniors concession allowance is payable to a person in relation to each seniors concession allowance test day on which the person is qualified for the allowance.
(2) However, seniors concession allowance is not payable to the person in relation to that day if:
(a) before that day, 2 instalments of any, or any combination, of the following allowances were payable to the person in the financial year in which that day occurs:
(i) seniors concession allowance under this Act;
(ii) seniors concession allowance under the Veterans' Entitlements Act;
(iii) utilities allowance under this Act;
(iv) utilities allowance under the Veterans' Entitlements Act; or
(b) before that day:
(i) the person had elected not to be covered by this Part; and
(ii) that election had not been withdrawn; or
(c) subsection 55(5) (failing to nominate a bank account) of the Administration Act applies to the person.
(3) In this section:
"seniors concession allowance test day" means:
(a) 1 June; and
(b) 1 December.
Division 2 -- Rate of seniors concession allowance
1061UB Rate of seniors concession allowance
A person's annual rate of seniors concession allowance is $200.
Note: The annual rate of seniors concession allowance is indexed twice a year in line with CPI increases (see sections 1191 to 1194).
5 Paragraph 1061ZG(1)(f)
After "pension", insert "or an income support supplement".
6 After paragraph 1061ZG(2)(a)
Insert:
(aa) on that day the person is the holder of a seniors health card under the Veterans' Entitlements Act; or
7 Section 1190 (before table item 57)
Insert:
56E. | Rate of seniors concession allowance | SCA | [section 1061UB] |
8 Subsection 1191(1) (before table item 34)
Insert:
33AE | SCA | (a) 1 June (b) 1 December | (a) March (b) September | highest March or September quarter before reference quarter (but not earlier than September quarter 1991) | $0.40 |
9 Before subsection 1192(7)
Insert:
(6A) The first indexation of an amount under item 33AE of the CPI Indexation Table in subsection 1191(1) is to take place on 1 June 2005.
Social Security (Administration) Act 1999
10 Before section 13
Insert:
12D Seniors concession allowance
A claim is not required for seniors concession allowance.
11 Before section 49
Insert:
48B Payment of seniors concession allowance
(1) Seniors concession allowance is to be paid by instalments.
(2) An instalment of seniors concession allowance is to be paid to a person as soon as is reasonably practicable on or after the seniors concession allowance test day in relation to which the allowance is payable to the person.
(3) The amount of an instalment of seniors concession allowance is worked out by dividing the amount of the annual rate of seniors concession allowance by 2.
(4) In this section:
"seniors concession allowance test day" means:
(a) 1 June; and
(b) 1 December.
12 Subsection 55(1)
Before "or 50", insert ", 48B".
Division 2--Transitional provision
13 Special payment of seniors concession allowance in December 2004
(1) In this item:
1 December test day means the seniors concession allowance test day that occurs on 1 December 2004.
Administration Act means the Social Security (Administration) Act 1999 as amended by this Schedule and Schedule 1 to this Act.
seniors concession allowance means seniors concession allowance under Part 2.25B of the Act.
seniors concession allowance test day has the meaning given by subsection 1061UA(3) of the Act.
social security law means the social security law (within the meaning of subsection 23(17) of the Act) as amended by this Schedule and Schedule 1 to this Act.
the Act means the Social Security Act 1991 as amended by this Schedule and Schedule 1 to this Act.
transitional day means a day in December 2004 (other than 1 December 2004).
Veterans' Entitlements Act means the Veterans' Entitlements Act 1986 as amended by this Schedule and Schedule 1 to this Act.
(2) Transitional seniors concession allowance is payable under this item to a person in relation to the transitional day if:
(a) seniors concession allowance would be payable to the person under section 1061UA of the Act in relation to the transitional day if that day were a seniors concession allowance test day; and
(b) seniors concession allowance was not payable to the person under section 1061UA of the Act in relation to the 1 December test day.
(3) Transitional seniors concession allowance is payable only once in relation to December 2004.
(4) If transitional seniors concession allowance is payable to a person in relation to the transitional day, the person is to be paid an instalment of the allowance as soon as is reasonably practicable on or after the transitional day. The amount of the instalment is $100.
(5) For the purposes of the social security law, the Veterans' Entitlements Act and the Income Tax Assessment Act 1997 :
(a) transitional seniors concession allowance payable under this item in relation to the transitional day is to be treated as if it were seniors concession allowance payable under Part 2.25B of the Act in relation to the 1 December test day; and
(b) an instalment of transitional seniors concession allowance paid under this item in relation to the transitional day is to be treated as if it were a payment of an instalment of seniors concession allowance under section 49B of the Administration Act in relation to the 1 December test day.
(6) The Consolidated Revenue Fund is appropriated for the purposes of this item.
Part 2 -- Amendments relating to Veterans' Affairs' payment of seniors concession allowance
Income Tax Assessment Act 1997
14 Section 52 - 65 (after table item 16.1)
Insert:
16A.1 | Seniors concession allowance | Exempt | Not applicable |
15 Section 52 - 75 (after table item 16)
Insert:
16A | Seniors concession allowance | Part VIIAD | Not applicable |
16 Before subparagraph 8(8)(y)(viii)
Insert:
(viib) seniors concession allowance under Part VIIAD of that Act; or
Veterans' Entitlements Act 1986
17 Before paragraph 5H(8)(h)
Insert:
(gb) a payment under Part VIIAD (seniors concession allowance);
18 Subsection 5Q(1)
Insert:
"seniors concession allowance" means seniors concession allowance under Part VIIAD.
19 Before Part VIIB
Insert:
Part VIIAD -- Seniors concession allowance
Division 1 -- Eligibility for and payability of seniors concession allowance
In this Part:
"seniors concession allowance test day" means:
(a) 1 June; and
(b) 1 December.
118PA Eligibility for seniors concession allowance
A person is eligible for seniors concession allowance if:
(a) the person is the holder of a seniors health card and is in Australia; or
(b) all of the following apply to the person:
(i) the person is temporarily absent from Australia;
(ii) the person has been so for a continuous period not exceeding 13 weeks;
(iii) the person was the holder of a seniors health card immediately before leaving Australia.
118PB When seniors concession allowance is payable
(1) Seniors concession allowance is payable to a person in relation to each seniors concession allowance test day on which the person is eligible for the allowance.
(2) However, seniors concession allowance is not payable to the person in relation to that day if:
(a) before that day, 2 instalments of any, or any combination, of the following allowances were payable to the person in the financial year in which that day occurs:
(i) seniors concession allowance under this Act;
(ii) seniors concession allowance under the Social Security Act;
(iii) utilities allowance under this Act;
(iv) utilities allowance under the Social Security Act; or
(b) before that day:
(i) the person had elected not to be covered by this Part; and
(ii) that election had not been withdrawn; or
(c) subsection 122A(1C) (failing to nominate a bank account) applies to the person.
(3) An election, or a withdrawal of an election, under paragraph ( 2)(b):
(a) must be by document lodged at an office of the Department in Australia in accordance with section 5T; and
(b) is taken to have been made on a day determined under that section.
Division 2 -- Rate of seniors concession allowance
118PC Rate of seniors concession allowance
A person's annual rate of seniors concession allowance is $200.
Note: The annual rate of seniors concession allowance is indexed twice a year in line with CPI increases (see section 198E).
Division 3 -- Payment of seniors concession allowance
118PD Payment of seniors concession allowance by instalments
(1) Seniors concession allowance is to be paid by instalments.
(2) An instalment of seniors concession allowance is to be paid to a person as soon as is reasonably practicable on or after the seniors concession allowance test day in relation to which the allowance is payable to the person.
(3) The amount of an instalment of seniors concession allowance is worked out by dividing the amount of the annual rate of seniors concession allowance by 2.
(4) If the amount of the instalment is not a multiple of 10 cents, the amount is to be increased to the nearest multiple of 10 cents.
20 Subsection 122A(1A)
After "If", insert "the payment is of an amount of pension that is not seniors concession allowance and".
21 After subsection 122A(1B)
Insert:
(1C) If the payment is of an amount of seniors concession allowance and the person has not nominated an account for the purposes of subsection ( 1) by the end of the period of 28 days (or such longer period determined by the Commission) starting on the day on which the Commission requested the person to do so, the allowance ceases to be payable to the person.
(1D) However, if the person referred to in subsection ( 1C) nominates an account for the purposes of subsection ( 1) after the end of the 28 day or other period, then subsection ( 1C) ceases to apply to the person on the day the person does so.
22 Subsection 198E(1) (at the end of the table)
Add:
4 | Rate of seniors concession allowance under section 118PC | (a) 1 June (b) 1 December | (a) March (b) September | highest March or September quarter before reference quarter (but not earlier than September quarter 1991) | $0.40 |
23 After subsection 198E(10)
Insert:
(10A) The first indexation of the rates specified in item 4 of the table in subsection ( 1) is to take place on 1 June 2005.
Note: The heading to section 198E is altered by inserting " and seniors concession allowance " after " utilities allowance ".
Division 2--Transitional provision
24 Special payment of seniors concession allowance in December 2004
(1) In this item:
1 December test day means the seniors concession allowance test day that occurs on 1 December 2004.
seniors concession allowance means seniors concession allowance under Part VIIAD of the Act.
seniors concession allowance test day has the meaning given by section 118P of the Act.
Social Security Act means the Social Security Act 1991 as amended by this Schedule and Schedule 1 to this Act.
social security law means the social security law (within the meaning of subsection 23(17) of the Social Security Act) as amended by this Schedule and Schedule 1 to this Act.
the Act means the Veterans' Entitlements Act 1986 as amended by this Schedule and Schedule 1 to this Act.
transitional day means a day in December 2004 (other than 1 December 2004).
(2) Transitional seniors concession allowance is payable under this item to a person in relation to the transitional day if:
(a) seniors concession allowance would be payable to the person under section 118PB of the Act in relation to the transitional day if that day had been a seniors concession allowance test day; and
(b) seniors concession allowance was not payable to the person under section 118PB of the Act in relation to the 1 December test day.
(3) Transitional seniors concession allowance is payable only once in relation to December 2004.
(4) If transitional seniors concession allowance is payable to a person in relation to the transitional day, the person is to be paid an instalment of the allowance as soon as is reasonably practicable on or after the transitional day. The amount of the instalment is $100.
(5) For the purposes of the Act, the social security law and the Income Tax Assessment Act 1997 :
(a) transitional seniors concession allowance payable under this item in relation to the transitional day is to be treated as if it were seniors concession allowance payable under Part VIIAD of the Act in relation to the 1 December test day; and
(b) an instalment of transitional seniors concession allowance paid under this item in relation to the transitional day is to be treated as if it were a payment of an instalment of seniors concession allowance under Part VIIAD of the Act in relation to the 1 December test day.
(6) The Consolidated Revenue Fund is appropriated for the purposes of this item.