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SOCIAL SECURITY LEGISLATION AMENDMENT (REMOTE ENGAGEMENT PROGRAM) ACT 2021 - SCHEDULE 1

Amendments

Part   1 -- Main amendments relating to remote engagement program payment

Social Security Act 1991

1   Subsection   23(1)

Insert:

"qualifying remote income support payment" : see section   661B.

"remote engagement placement" , under the remote engagement program, means a part of the program (if any) determined by the Minister under paragraph   661A(2)(b).

"remote engagement program" means the arrangement (if any) determined by the Minister under paragraph   661A(2)(a).

"remote engagement program provider" means a person or organisation that is a party to an agreement with the Commonwealth under which the person or organisation receives Commonwealth funding to deliver the remote engagement program.

2   After paragraph   23(4AA)(ad)

Insert:

  (ae)   Part   2.13 (remote engagement program payment);

3   At the end of subsection   94(1)

Add:

Note 3:   A person receiving disability support pension, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part   2.13.

4   At the end of subsection   500(1)

Add:

Note 4:   A person receiving parenting payment, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part   2.13.

5   At the end of section   540

Add:

Note 3:   A person receiving youth allowance, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part   2.13.

6   At the end of subsection   593(1)

Add:

Note 14:   A person receiving a jobseeker payment, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part   2.13.

7   After Part   2.12

Insert:

Part   2.13 -- Remote engagement program payment

Division   1 -- Qualification for and payability of remote engagement program payment

Subdivision A -- Qualification

661A   Qualification for remote engagement program payment

  (1)   A person qualifies for a remote engagement program payment for a period if, throughout the period:

  (a)   the person is receiving a qualifying remote income support payment; and

  (b)   the person is receiving employment services from a remote engagement program provider; and

  (c)   the Secretary is satisfied that the person has agreed to participate, and is participating, in a remote engagement placement for at least 15 hours per week under the remote engagement program; and

  (d)   the person satisfies the qualification requirements (if any) determined by the Minister under paragraph   (2)(c).

Note:   For qualifying remote income support payment see section   661B.

  (2)   The Minister may, by legislative instrument, determine one or more of the following:

  (a)   an arrangement to be the remote engagement program;

  (b)   a part of the remote engagement program to be a remote engagement placement under the program;

  (c)   a qualification requirement for the purposes of paragraph   (1)(d).

661B   Definition of qualifying remote income support payment

  (1)   A qualifying remote income support payment is an income support payment:

  (a)   of a kind set out in column 2 of an item in the following table; and

  (b)   for which a person qualifies in the circumstances set out in column 3 of the item.

 

Remote engagement program payment--qualifying remote income support payments

Column 1
Item

Column 2
Kind of payment

Column 3
Circumstances

1

Disability support pension

The person qualifies under subsection   94(1) and either:

(a) is required, under paragraph   94(1)(da), to meet participation requirements under section   94A; or

(b) is covered by a participation exemption under section   94C, 94D, 94E or 94F

2

Parenting payment

The person qualifies under subsection   500(1) and either:

(a) is required, under paragraph   500(1)(c) or (ca), to meet participation requirements under section   500A; or

(b) is covered by a participation exemption under Division   3A of Part   2.10

3

Youth allowance

The person qualifies under section   540 and either:

(a) is required, under subparagraph   540(a)(i), to satisfy the activity test under Subdivision B of Division   1 of Part   2.11; or

(b) is covered by an exemption from the activity test under Subdivision C of that Division

However, a person who satisfies the activity test under paragraph   541(1)(a) (those undertaking full - time study) is not covered

4

Jobseeker payment

The person qualifies under subsection   593(1) or (4) and either:

(a) is required, under subparagraph   593(1)(b)(i), to satisfy the activity test in Subdivision B of Division   1 of Part   2.12; or

(b) is not required to satisfy the activity test under that Subdivision because the person is covered by another provision in that Subdivision or by Subdivision BA of that Division

5

Any other income support payment

The person is in a class of persons determined by the Minister under subsection   (2)

 

  (2)   The Minister may, by legislative instrument, determine a class of persons for the purposes of column 3 of item   5 of the table in subsection   (1).

Subdivision B -- Payability

661C   Remote engagement program payment not payable in specified circumstances

  (1)   A remote engagement program payment is not payable to a person in the circumstances (if any) specified by a legislative instrument made under subsection   (2).

  (2)   The Minister may, by legislative instrument, specify circumstances in which a remote engagement program payment is not payable to a person.

661D   Time limits on payability of remote engagement program payment

  (1)   A remote engagement program payment is not payable to a person who has received a remote engagement program payment for a continuous period of 104 weeks starting at the start time.

  (2)   A remote engagement program payment is not payable to a person in respect of any period starting on or after 1   July 2024.

Division   2 -- Rate of remote engagement program payment

661E   Remote engagement program payment--determination of rate

  (1)   Subject to subsection   (3), the rate of a person's remote engagement program payment is the rate determined in accordance with a legislative instrument (if any) made under subsection   (2).

  (2)   The Minister may, by legislative instrument, determine the rate of payment of a remote engagement program payment.

  (3)   The rate per fortnight of a remote engagement program payment must be:

  (a)   not less than $100; and

  (b)   not more than $190.

Division   3 -- Miscellaneous matters

661F   Effect of undertaking activities under the remote engagement program

    A person is not taken to be any of the following merely because the person undertakes an activity in accordance with a remote engagement placement under the remote engagement program:

  (a)   a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011 ;

  (b)   an employee within the meaning of section   5 of the Safety, Rehabilitation and Compensation Act 1988 ;

  (c)   an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992 ;

  (d)   an employee for the purposes of the Fair Work Act 2009 .

Social Security (Administration) Act 1999

8   After section   12AF

Insert:

12AG   Remote engagement program payment

    A claim is not required for a remote engagement program payment.

Part   2 -- Contingent amendments relating to remote engagement program payment

Social Security Act 1991

9   Subsection   661B(1) (table)

Repeal the table, substitute:

 

Remote engagement program payment--qualifying remote income support payments

Column 1

Item

Column 2

Kind of payment

Column 3

Circumstances

1

Disability support pension

The person qualifies under subsection   94(1) and either:

(a) is required, under paragraph   94(1)(da), to meet participation requirements under section   94A; or

(b) is covered by a participation exemption under section   94C, 94D, 94E or 94F

2

Parenting payment

The person qualifies under subsection   500(1) and either:

(a) is covered by paragraph   500(1)(c) and satisfies subsection   500(2A); or

(b) is covered by paragraph   500(1)(ca) and satisfies subsection   500(2B)

3

Youth allowance

The person qualifies under subsection   540(1) and either:

(a) is exempt, under subparagraph   540(1)(a)(ia), from undertaking full - time study but satisfies the Secretary that the person would otherwise be undertaking full - time study; or

(b) is covered by subparagraph   540(1)(a)(ib) and satisfies subsection   540(2)

4

Jobseeker payment

The person qualifies under subsection   593(1) or (4)

5

Any other income support payment

The person is in a class of persons determined by the Minister under subsection   (2)

 

Part   3 -- Main amendments relating to the end of the CDEP Scheme

Age Discrimination Act 2004

10   Subsection   41(3)

Repeal the subsection.

Social Security Act 1991

11   Subsection   17(1) (subparagraph   (m)(ii) of the definition of compensation affected payment )

Omit "applies; or", substitute "applies.".

12   Subsection   17(1) (paragraph   (n) of the definition of compensation affected payment )

Repeal the paragraph.

13   Subsection   19D(4)

Repeal the subsection.

14   Subsection   23(1)

Repeal the following definitions:

  (a)   definition of CDEPManager ;

  (b)   definition of CDEP Scheme ;

  (c)   definition of CDEP Scheme participant ;

  (d)   definition of CDEP Scheme payment ;

  (e)   definition of CDEP Scheme provider ;

  (f)   definition of CDEP Scheme quarter ;

  (g)   definition of Northern Territory CDEP transition payment .

15   Subsection   23(1) (paragraph   (b) of the definition of social security recipient status )

Omit "veteran payment;", substitute "veteran payment.".

16   Subsection   23(1) (definition of social security recipient status )

Omit "and includes status held on or after 20   March 2000 as a CDEP Scheme participant receiving the CDEP Scheme Participant Supplement.".

17   Subsection   23(1) (definition of transition day )

Repeal the definition.

18   Sections   408CG and 408GI

Repeal the sections.

19   Paragraph   500E(1)(c)

Omit "except where the person is a CDEP Scheme participant in respect of the period,".

20   Section   500W

Repeal the section.

21   Subdivision C of Division   4 of Part   2.10

Repeal the Subdivision.

22   Subdivision D of Division   9 of Part   2.10

Repeal the Subdivision.

23   Paragraph   546(1)(c)

Omit "except where the person is a CDEP Scheme participant in respect of the period,".

24   Sections   552C, 559J and 567F

Repeal the sections.

25   Subsection   578(3)

Repeal the subsection.

26   Paragraph   593(1)(a)

Repeal the paragraph   (including the note), substitute:

  (a)   the person satisfies the Secretary that:

  (i)   throughout the period the person is unemployed; or

  (ii)   subsection   (1A) applies in relation to the person for the period; and

27   Section   598

Omit "subparagraph   593(1)(a)(iii)" (wherever occurring), substitute "subparagraph   593(1)(a)(ii)".

28   Paragraph   600(1)(c)

Omit "except where the person is a CDEP Scheme participant in respect of the period,".

29   Sections   614A, 653A, 660LG, 771HK and 771KN

Repeal the sections.

30   Subdivision D of Division   9 of Part   2.15A

Repeal the Subdivision.

31   Subsection   1049(2)

Omit "or a CDEP Scheme Participant Supplement".

32   Paragraph   1061EM(2)(b)

Repeal the paragraph.

33   Subsection   1061EN(1)

Omit "(1) For", substitute "For".

34   Subsections   1061EN(2) and 1061EX(7)

Repeal the subsections.

35   Subsection   1061JU(1)

Omit "Subject to subsection   (2), the", substitute "The".

36   Subsections   1061JU(2) and (3)

Repeal the subsections.

37   Part   2.27

Repeal the Part.

38   Point 1067G - A1 (method statement, paragraph   (c) of step 14)

Omit "except where the person is a CDEP Scheme participant in respect of the whole or a part of the period for which the rate of allowance is being worked out,".

39   Point 1067G - B1

Omit "other than a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out".

40   Point 1067G - B1

Omit "The maximum basic rate of a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out is nil (see section   552C).".

41   Point 1068 - A1 (method statement, paragraph   (c) of step 7)

Omit "except where the person is a CDEP Scheme participant in respect of the whole or a part of the period for which the rate of benefit is being worked out,".

42   Point 1068 - B1

Omit "other than a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out".

43   Point 1068 - B1

Omit "The maximum basic rate of a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out is nil (see sections   408CG, 614A, 660YCH and 771HK).".

44   Points 1068B - A2 and 1068B - A3 (method statement, step 7)

Omit ", except where the person is a CDEP Scheme participant in respect of the whole or part of the period for which the rate of payment is being worked out,".

45   Point 1068B - C2

Omit "If a person is not a CDEP Scheme participant in respect of the whole or part of the period for which the rate of payment is being worked out, the person's", substitute "A person's".

46   Point 1068B - C3

Repeal the point.

47   Subsection   1161(6A)

Omit ", (m) or (n)", substitute "or (m)".

48   Paragraph   1161A(1)(a)

Omit ", (m) or (n)", substitute "or (m)".

49   Part   3.15A

Repeal the Part.

Social Security (Administration) Act 1999

50   Paragraph   52(1)(k)

Omit "benefit;", substitute "benefit.".

51   Paragraph   52(1)(l)

Repeal the paragraph.

52   Section   123TC (paragraph   (r) of the definition of category I welfare payment )

Repeal the paragraph.

53   Paragraph   144(daa)

Repeal the paragraph.

54   Subclause   1(1) of Schedule   1 (paragraph   (j) of the definition of social security periodic payment )

Repeal the paragraph.

Part   4 -- Contingent amendments relating to the end of the CDEP Scheme

Social Security Act 1991

55   Paragraph   540(a)

Repeal the paragraph, substitute:

  (a)   throughout the period the person satisfies the activity test (see Subdivision B) or is not required to satisfy the activity test (see Subdivision C); and

56   Paragraph   593(1)(b)

Omit "in the case of a person to whom subparagraph   (a)(i) or (iii) applies--".

57   Paragraph   602D(a)

Omit "subparagraph   593(1)(a)(iii)", substitute "subparagraph   593(1)(a)(ii)".



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