Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Data - matching Program (Assistance and Tax) Act 1990
1 Subsection 3(1) (after paragraph ( c) of the definition of personal assistance )
Insert:
(caa) a seniors health card referred to in subsection 1061ZG(1) of the Social Security Act 1991 ; or
2 Application
The amendment made by item 1 applies in relation to seniors health cards granted before, on or after the commencement of that item.
3 At the end of subsection 1061ZG(2)
Add:
Note: If a person is qualified for a seniors health card, the Secretary must not make a determination granting a claim for the card in certain circumstances if the Secretary makes a request under subsection 75(2) or (3) of the Administration Act of the person (about providing tax file numbers): see subsections 76(1A) and 77(1A) of that Act.
Social Security (Administration) Act 1999
4 At the end of subsection 37(8)
Add:
Note: The Secretary must not make a determination granting a claim for a seniors health card in certain circumstances if the Secretary makes a request under subsection 75(2) or (3) of the claimant (about providing tax file numbers): see subsections 76(1A) and 77(1A).
5 At the end of subsection 75(1)
Add:
; or (c) has made a claim for a seniors health card; or
(d) is the holder of a seniors health card.
6 After subsection 76(1)
Insert:
(1A) If the Secretary makes a request under subsection 75(2) of a person who has made a claim for a seniors health card, the Secretary must not make a determination granting the claim unless, within 28 days after the request is made:
(a) the person satisfies the request; or
(b) the person satisfies subsection ( 2) or (3) of this section; or
(c) the Secretary exempts the person from the need to satisfy the request.
(1B) If the Secretary makes a request under subsection 75(2) of a person who is the holder of a seniors health card, the Secretary is to determine that the card is to be cancelled unless, within 28 days after the request is made:
(a) the person satisfies the request; or
(b) the person satisfies subsection ( 2) or (3) of this section; or
(c) the Secretary exempts the person from the need to satisfy the request.
7 After subsection 77(1)
Insert:
(1A) If the Secretary makes a request under subsection 75(3) of a person who has made a claim for a seniors health card, the Secretary must not make a determination granting the claim unless, within 28 days after the request is made:
(a) the person satisfies the request; or
(b) the person satisfies subsection ( 3) or (4) of this section; or
(c) the Secretary exempts the person from the need to satisfy the request.
(1B) If the Secretary makes a request under subsection 75(3) of a person who is the holder of a seniors health card, the Secretary is to determine that the card is to be cancelled unless, within 28 days after the request is made:
(a) the person satisfies the request; or
(b) the person satisfies subsection ( 3) or (4) of this section; or
(c) the Secretary exempts the person from the need to satisfy the request.
8 At the end of subsection 86(1)
Add:
Note: The Secretary must cancel a seniors health card in certain circumstances if the Secretary makes a request under subsection 75(2) or (3) of the holder (about providing tax file numbers): see subsections 76(1B) and 77(1B).
9 Section 121 (definition of adverse determination )
After "under", insert "subsection 76(1B) or 77(1B) or".
10 Paragraph 123(2)(a)
After "under", insert "subsection 76(1B) or 77(1B) or".
11 Application
(1) Paragraph 75(1)(c) of the Social Security (Administration) Act 1999 (as inserted by this Act) applies in relation to claims for seniors health cards made on or after the commencement of this item.
(2) Paragraph 75(1)(d) of the Social Security (Administration) Act 1999 (as inserted by this Act) applies in relation to seniors health cards granted before, on or after the commencement of this item.
Veterans' Entitlements Act 1986
12 Subsection 118V(1A) (note 2)
Omit "118ZAA", substitute "118ZZA".
13 At the end of subsection 118V(4)
Add:
Note: If a person is eligible for a seniors health card, the Commission must not determine that the person is entitled to the card if the person fails to comply with a request in subsection 128A(3) or (3A) (about provision of tax file numbers).
14 Section 118ZG
After "section 118X", insert "and subsection 128A(2A)".
15 Paragraph 118ZK(b)
After "118ZO", insert "or subsection 128A(2B)".
16 Subsection 118ZR(1)
After "118ZO", insert "or subsection 128A(2B)".
17 After subsection 128A(2)
Insert:
(2A) If a person (the eligible person ) is eligible for a seniors health card under section 118V, the Commission must not determine that the person is entitled to the card if the person fails to comply with a request in subsection ( 3) or (3A) (whichever applies).
(2B) If a person (the eligible person ) is the holder of a seniors health card, the Commission is to determine that the person ceases to be entitled to the card if the person fails to comply with a request in subsection ( 3) or (3A) (whichever applies).
Note 1: For holder of a seniors health card see section 5PB.
Note 2: For the date of effect of a determination under this subsection see section 118ZR.
18 Application
(1) Subsection 128A(2A) of the Veterans' Entitlements Act 1986 (as inserted by this Act) applies in relation to claims for seniors health cards made on or after the commencement of this item.
(2) Subsection 128A(2B) of the Veterans' Entitlements Act 1986 (as inserted by this Act) applies in relation to seniors health cards granted before, on or after the commencement of this item.