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SOCIAL SECURITY LEGISLATION AMENDMENT (YOUTH ALLOWANCE CONSEQUENTIAL AND RELATED MEASURES) ACT 1998 - SCHEDULE 6

Amendment of the Social Security Act 1991 relating to fares allowance

 

1   Section   3 (index)

Insert the following entry in its appropriate position, determined on a letter - by - letter basis:

fares allowance

23(1)

2   Subsection   23(1)

Insert:

"fares allowance" means fares allowance under an instrument in force under section   1061ZAAA.

3   At the end of Chapter   2

Add:

Part   2.26 -- Fares allowance

 

1061ZAAA   Minister may provide for fares allowance

  (1)   The Minister may, by instrument in writing, provide for the payment of fares allowance to certain tertiary students.

  (2)   The Minister may from time to time, by instrument in writing, vary or revoke an instrument made under this section.

  (3)   An instrument made under this section has effect according to its terms.

  (4)   An instrument made under this section is a disallowable instrument.

1061ZAAB   Matters that may be covered in a section   1061ZAAA instrument

    Without limiting section   1061ZAAA, an instrument made under that section may include provisions relating to the following matters:

  (a)   the tertiary students who are eligible for fares allowance;

  (b)   claims, and the determination of claims, for fares allowance;

  (c)   the kinds of journeys for which, and the circumstances in which, fares allowance may be paid;

  (d)   the amount, or the calculation of the amount, of fares allowance that may be paid to a student;

  (e)   the payment of fares allowance;

  (f)   the protection of fares allowance;

  (g)   the obligations of students to whom fares allowance is paid;

  (h)   the review of decisions made under the instrument and the effect of decisions made on such review;

  (i)   the delegation of powers conferred on the Secretary by the instrument;

  (j)   the recovery by the Commonwealth of amounts paid by way of fares allowance that should not have been paid;

  (k)   transitional matters arising out of the enactment of this Part and the making of an instrument providing for fares allowance under section   1061ZAAA.

4   After paragraph   1304(1)(c)

Insert:

  (ca)   whether a person who has made a claim for fares allowance, is or was eligible for fares allowance; or

5   Paragraphs 1304(10)(b), 1305(9)(b) and 1306(8)(b)

After "Act", insert ", or for fares allowance".

6   At the end of paragraphs 1304(10)(c), 1305(9)(c) and 1306(8)(c)

Add "or to whom fares allowance has been paid".

7   Paragraph   1307(1)(a)

After "Act", insert "or of fares allowance".

8   Paragraph   1307(1)(b)

Repeal the paragraph, substitute:

  (b)   verifying the qualification of persons who have made claims for social security payments under this Act, or the eligibility of persons who have made claims for fares allowance, for the payments or allowance.

9   After subsection   1307(5)

Insert:

  (5A)   The Secretary may specify a particular class of persons in the notice whether or not the Secretary is able to identify any of the persons in that class as being persons:

  (a)   who have been paid fares allowance; or

  (b)   who have made claims for fares allowance.

10   Paragraph   1307(13)(b)

After "Act", insert "or for fares allowance".

11   At the end of paragraph   1307(13)(c)

Add "or to whom fares allowance has been paid".

12   Paragraph   1343(b)

After "Act", insert "or for fares allowance".

13   At the end of paragraph   1343(c)

Add "or to whom fares allowance has been paid".

14   Paragraph   1344(1)(a)

After "Act", insert "or for fares allowance".

15   After paragraph   1345(1)(a)

Insert:

  (aa)   affect the amount of fares allowance that may be paid to a person; or

16   Paragraph   1347(a)

After "Act", insert "or of fares allowance".

17   Section   1347

Omit "which is:", substitute "for which the person is not eligible, or which is:".

18   Paragraph   1348(a)

After "Act", insert "or of fares allowance".

19   Paragraph   1351(1)(b)

After "by way of", insert "fares allowance,".

20   After subsection   1363(1)

Insert:

  (1A)   Payments of fares allowance must be made out of the Consolidated Revenue Fund, which is appropriated accordingly.



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