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SOCIAL SECURITY AND VETERANS' ENTITLEMENTS LEGISLATION AMENDMENT (ONE-OFF PAYMENTS AND OTHER BUDGET MEASURES) ACT 2008 - SCHEDULE 5

Non-cancellation of concession cards for temporary overseas absences

Part   1 -- Main amendments

Social Security Act 1991

1   Subsection 6A(1)

Insert:

"concession card" means:

  (a)   a pensioner concession card; or

  (b)   a health care card; or

  (c)   a seniors health card.

2   At the end of subsections 1061ZA(3) and (4)

Add:

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division   4).

3   At the end of subsection 1061ZB(2)

Add:

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division   4).

4   At the end of subsections 1061ZC(2) and (4)

Add:

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division   4).

5   At the end of subsections 1061ZD(4) and (6)

Add:

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division   4).

6   At the end of subsections 1061ZE(4) and (6)

Add:

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division   4).

7   At the end of subsections 1061ZEA(3) and (5)

Add:

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division   4).

8   At the end of subsection 1061ZEB(3)

Add:

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division   4).

9   At the end of subsection 1061ZG(1)

Add:

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a seniors health card for a maximum period of up to 13 weeks (see Division   4).

10   At the end of subsection 1061ZN(1)

Add:

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 13 weeks (see Division   4).

11   At the end of subsections 1061ZO(2), (3) and (4)

Add:

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 13 weeks (see Division   4).

12   At the end of Part   2A.1

Add:

Division   4 -- Non - cancellation of concession cards for temporary overseas absences

1061ZUA   Persons to whom Division applies

  (1)   This Division applies to a person if:

  (a)   the person leaves Australia temporarily (see subsection   (2)); and

  (b)   the person is continuously absent from Australia during a period (the period of absence ) beginning on the day the person leaves Australia; and

  (c)   any of the following applies:

  (i)   immediately before the period of absence commences, the person was the holder of a concession card;

  (ii)   during the period of absence, the person's claim for a seniors health card or a health care card is granted under the Administration Act;

  (iii)   during the period of absence, the person is issued an automatic issue card.

  (2)   For the purposes of paragraph   (1)(a), in determining if an absence is temporary, regard must be had to:

  (a)   the purpose of the absence; and

  (b)   the intended duration of the absence.

1061ZUB   Non - cancellation of concession cards for temporary overseas absences

  (1)   Throughout the person's maximum non - cancellation period (see subsection   (3)), the person's qualification for the concession card is not affected merely by the absence.

  (2)   Throughout so much (if any) of the period of absence as occurs after the end of the period of 13 weeks beginning on the day the person leaves Australia, the person is not qualified for the concession card.

  (3)   For the purposes of subsection   (1), a person's maximum non - cancellation period is the shorter of the following periods:

  (a)   the person's period of absence;

  (b)   the period of 13 weeks beginning on the day the person leaves Australia.

1061ZUC   Extension cards

  (1)   This section applies if:

  (a)   a person qualifies for a concession card under the following section (the qualification section ):

  (i)   section   1061ZB, 1061ZC, 1061ZD, 1061ZE, 1061ZEB or 1061ZM;

  (ii)   section   1061ZEA as a result of the operation of subsection 1061ZEA(2A); and

  (b)   as a result of subsection 1061ZUB(1), the person's qualification for the card is not affected by a period of absence; and

  (c)   at the end of the period of 13 weeks mentioned in subsection 1061ZUB(2), the card is cancelled; and

  (d)   after that time, the person returns to Australia; and

  (e)   the person qualifies again for the card under the qualification section (and in the case of section   1061ZEA, the person qualifies as a result of the operation of subsection 1061ZEA(2A)); and

  (f)   the period for which the person was qualified under the qualification section has not yet ended.

  (2)   To avoid doubt, the person continues to qualify for the concession card until the end of the period for which the person was qualified under the qualification section (unless the person ceases to be qualified for the card at an earlier time).

Social Security (Administration) Act 1999

13   Subclause 1(1) of Schedule   1 (definition of concession card )

Repeal the definition.

Veterans' Entitlements Act 1986

14   Paragraphs 118PA(1)(a) and (b)

Repeal the paragraphs, substitute:

  (a)   the person is the holder of a seniors health card; or

15   Paragraph 118V(1)(e)

Repeal the paragraph, substitute:

  (e)   is either:

  (i)   in Australia; or

  (ii)   temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and

16   At the end of subsection 118V(1)

Add:

Note 5:   For temporarily see section   5Q.

17   Paragraph 118V(1A)(d)

Repeal the paragraph, substitute:

  (d)   is either:

  (i)   in Australia; or

  (ii)   temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and

18   Paragraph 118V(2)(e)

Repeal the paragraph, substitute:

  (e)   the person:

  (i)   is in Australia; or

  (ii)   is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and

19   At the end of subsection 118V(2)

Add:

Note 6:   For temporarily see section   5Q.

20   Paragraph 118V(3)(e)

Repeal the paragraph, substitute:

  (e)   the person:

  (i)   is in Australia; or

  (ii)   is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and

21   At the end of subsection 118V(3)

Add:

Note 6:   For temporarily see section   5Q.


Part   2 -- Amendments contingent on the Veterans' Entitlements Legislation Amendment (2007 Election Commitments) Act 2008

Division   1--Amendments if the Veterans' Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 receives the Royal Assent on the same day or earlier

Veterans' Entitlements Act 1986

22   At the end of subsection 118V(1A)

Add:

Note 5:   For temporarily see section   5Q.

Division   2--Amendments if the Veterans' Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 does not receive the Royal Assent on the same day or earlier

Veterans' Entitlements Act 1986

23   At the end of subsection 118V(1A)

Add:

Note 3A:   For temporarily see section   5Q.

Veterans' Entitlements Legislation Amendment (2007 Election Commitments) Act 2008

24   Section   2

Repeal the section, substitute:

2   Commencement

  (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.   Sections   1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.   Schedule   1

1   July 2008.

1   July 2008

3.   Schedule   2, items   1 to 37

1   July 2008.

1   July 2008

4.   Schedule   2, item   38

Immediately after the commencement of item   23 of Schedule   5 to the Social Security and Veterans' Entitlements Legislation Amendment (One - off Payments and Other Budget Measures) Act 2008 .

 

5.   Schedule   2, item   39

1   July 2008.

1   July 2008

6.   Schedule   3

1   July 2008.

1   July 2008

Note:   This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

  (2)   Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.


Part   3 -- Application

25   Application

The amendments made by this Schedule apply in relation to a person who leaves Australia on or after 1   July 2008.

 



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