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SOCIAL SECURITY AND FAMILY ASSISTANCE LEGISLATION AMENDMENT (MISCELLANEOUS MEASURES) ACT 2006 - SCHEDULE 4

Amendment of the Social Security (Administration) Act 1999

 

1   Subsection 14(5)

Repeal the subsection.

2   Subsections 29(1) and (2)

After "30,", insert "30A,".

3   Subparagraph 30(b)(ii)

Repeal the subparagraph.

4   Subparagraph 30(b)(iii)

Omit "determined by the Minister to be a visa to which this subparagraph applies", substitute "that is in a class of visas determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the 1991 Act".

5   After section   30

Insert:

30A   Exclusion from section   29 residence requirement of crisis payment claimants holding certain visas

    Despite paragraph 29(1)(a), a person who is not an Australian resident may make a claim for a crisis payment if the person is qualified for special benefit because he or she is the holder of a visa that is in a class of visas determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the 1991 Act.

6   Section   70

Before "If a person", insert "(1)".

7   At the end of section   70

Add:

  (2)   The notice may describe the event or change of circumstances specified in the notice as a notifiable event for the purposes of section   198C of the 1991 Act.

8   After section   95

Insert:

95A   Automatic cancellation of carer payment for non - compliance with section   70 notice

    If:

  (a)   a care receiver or parent of a care receiver is given a notice under section   70; and

  (b)   the notice requires the care receiver or parent to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period ); and

  (c)   the event or change of circumstances occurs; and

  (d)   the care receiver or parent does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and

  (e)   because of the occurrence of the event or change of circumstances:

  (i)   the person receiving the carer payment ceases to be qualified for the payment; or

  (ii)   the carer payment ceases to be payable to the person;

the carer payment is cancelled, by force of this section, on the day on which the event or change of circumstances occurs.

9   Paragraph 99(2)(g)

Omit "so".

10   Subparagraph 99(3)(c)(i)

After "day", insert "before the day".

11   Paragraphs 144(a) and (b)

Repeal the paragraphs.

12   Saving

The repeal of paragraphs 144(a) and (b) of the Social Security (Administration) Act 1999 does not enable the SSAT to review a decision it was prohibited by either of those paragraphs from reviewing.




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