Social Services Legislation Amendment (Welfare Reform) Act 2018 (26 of 2018)

Schedule 1   Creation of the jobseeker payment

Part 1   Main amendments

Veterans' Entitlements Act 1986

347   Saving provisions - qualification for payments

(1) Despite the amendments made by this Part, subsections 94(6) and 95(2) of the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out whether a person was qualified for a disability support pension in relation to days before that commencement.

(2) Despite the amendments made by this Part, subparagraph 543B(1)(b)(ii) of the Social Security Act 1991, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out whether a person was qualified for youth allowance in relation to days before that commencement.

(3) Despite the amendments made by this Part, Parts 2.12 and 3.6 of the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out qualification for, or the rate of, newstart allowance in respect of days occurring before that commencement.

(4) Despite the amendments made by this Part, Division 6 of Part 2.13A of the Social Security Act 1991, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out qualification for an education entry payment before that commencement.

(5) Despite the amendments made by this Part, subsections 666(9), 667(5) and 686(1) of the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out qualification for, or the payability of, sickness allowance in relation to days before that commencement.

(6) Despite the amendments made by this Part, sections 729 and 746 of the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out whether a person was qualified for, or working out the rate of, a special benefit in relation to days before that commencement.

(7) Despite the amendments made by this Part, sections 771HA and 771KE of the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out if a person was qualified for, or working out the rate of, a partner allowance in relation to a period before that commencement.

(8) If before the commencement of this item:

(a) a person was receiving partner allowance; and

(b) the person's partner died; and

(c) immediately before the deceased partner died, the deceased partner was receiving newstart allowance;

then Division 9 of Part 2.15A of the Social Security Act 1991, as in force immediately before that commencement, continues to apply on and after that commencement in relation to that death as if the amendments made by this Part had not been made.

(9) Despite the amendments made by this Part, sections 1035 and 1035A of the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out if a person was qualified for, or working out the rate of, a mobility allowance in relation to days before that commencement.

(10) Despite the amendments made by this Part, section 1046 of the Social Security Act 1991, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out, at a time before that commencement, whether a person continued to be qualified for mobility allowance as mentioned in subsection 1046(3) of that Act.

(11) Despite the amendments made by this Part, Part 2.24A of the Social Security Act 1991, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out qualification for a pensioner education supplement in relation to days before that commencement.

(12) Paragraph 1061PJ(2BA)(b) and subparagraphs 1061PJ(2BA)(f)(i) and (2D)(b)(iii) of the Social Security Act 1991 apply on and after the commencement of this item as if a reference to jobseeker payment included a reference to newstart allowance.

(13) Despite the amendments made by this Part, subsections 1061Q(2A), (2B), (3), (3A) and (3D) to (3H) of the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out qualification for a telephone allowance before, on or after that commencement.