Social Services and Other Legislation Amendment (Coronavirus and Other Measures) Act 2020 (97 of 2020)

Schedule 1   Additional economic support payments

Part 3   Veterans' amendments

Veterans' Entitlements Act 1986

27   After Part IIIH

Insert:

Part IIIJ - Additional economic support payments

Division 1 - Additional economic support payment 2020

67ZC Additional economic support payment 2020

Eligibility

(1) A person is eligible for an additional economic support payment 2020 if:

(a) Division 3 applies to the person on 27 November 2020; and

(b) the person does not receive a social security benefit in respect of 27 November 2020; and

(c) the person does not receive a social security pension in respect of 27 November 2020; and

(d) the person does not receive a payment under a prescribed educational scheme (within the meaning of the Social Security Act 1991) in respect of 27 November 2020; and

(e) the person is residing in Australia on 27 November 2020.

Amount of payment

(2) The amount of a person's additional economic support payment 2020 under this Division is $250.

67ZD More than one entitlement

(1) A person may receive one payment only under this Division, regardless of how many times the person becomes eligible under section 67ZC.

(2) If:

(a) an additional economic support payment 2020 under Division 1 of Part 10 of the Family Assistance Act; or

(b) an additional economic support payment 2020 under Division 1 of Part 2.6C of the Social Security Act;

is paid to a person, no payment under this Division can be paid to the person.

67ZE Claim not required for additional economic support payment 2020

A claim is not required for an additional economic support payment 2020 under this Division.

67ZF Payment of additional economic support payment 2020

(1) If a person is eligible for an additional economic support payment 2020 under this Division, the Commission must, subject to subsection (2), pay the payment to the person in a single lump sum:

(a) on the date, occurring on or after 27 November 2020, that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and

(b) in such manner as the Commission considers appropriate.

(2) The Commission must not pay the payment on or after 1 July 2023.

Division 2 - Additional economic support payment 2021

67ZG Additional economic support payment 2021

Eligibility

(1) A person is eligible for an additional economic support payment 2021 if:

(a) Division 3 applies to the person on 26 February 2021; and

(b) the person does not receive a social security benefit in respect of 26 February 2021; and

(c) the person does not receive a social security pension in respect of 26 February 2021; and

(d) the person does not receive a payment under a prescribed educational scheme (within the meaning of the Social Security Act 1991) in respect of 26 February 2021; and

(e) the person is residing in Australia on 26 February 2021.

Amount of payment

(2) The amount of a person's additional economic support payment 2021 under this Division is $250.

67ZH More than one entitlement

(1) A person may receive one payment only under this Division, regardless of how many times the person becomes eligible under section 67ZG.

(2) If:

(a) an additional economic support payment 2021 under Division 2 of Part 10 of the Family Assistance Act; or

(b) an additional economic support payment 2021 under Division 2 of Part 2.6C of the Social Security Act;

is paid to a person, no payment under this Division can be paid to the person.

67ZI Claim not required for additional economic support payment 2021

A claim is not required for an additional economic support payment 2021 under this Division.

67ZJ Payment of additional economic support payment 2021

(1) If a person is eligible for an additional economic support payment 2021 under this Division, the Commission must, subject to subsection (2), pay the payment to the person in a single lump sum:

(a) on the date, occurring on or after 26 February 2021, that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and

(b) in such manner as the Commission considers appropriate.

(2) The Commission must not pay the payment on or after 1 July 2023.

Division 3 - Eligibility

67ZK Purpose of this Division

This Division applies for the purposes of paragraphs 67ZC(1)(a) and 67ZG(1)(a).

67ZL Payments under this Act

Service pension or income support supplement

(1) This Division applies to a person on a day if service pension or income support supplement is payable to the person on that day.

(2) For the purposes of subsection (1), and without limiting that subsection, service pension or income support supplement is taken to be payable to a person on a day (the test day ) if:

(a) service pension or income support supplement ceases to be payable to the person on a day (the cessation day ) occurring on or before the test day; and

(b) that cessation occurs because of employment income the person or the person's partner earns, derives or receives (either alone or in combination with any other ordinary income earned, derived or received by the person or the person's partner); and

(c) were it not for the employment income, or the combined income, referred to in paragraph (b), the pension or supplement would be payable to the person throughout the period:

(i) starting on the cessation day; and

(ii) ending on the test day; and

(d) the cessation day occurs no earlier than 12 weeks before the test day.

Disability pension or war widow's/widower's pension under Part II or IV

(3) This Division applies to a person on a day if:

(a) the person receives for that day a pension under Part II or IV at a rate determined under or by reference to section 22, 23, 24, 25 or 27; and

(b) the person's rate of the pension is greater than nil for that day.

(4) This Division applies to a person on a day if:

(a) the person receives for that day a pension under Part II or IV at a rate determined under or by reference to subsection 30(1); and

(b) the person's rate of the pension is greater than nil for that day.

(5) For the purposes of subsections (3) and (4), a person is taken to receive a pension under Part II or IV at a rate greater than nil even if the person's rate would be nil, or pension would not be payable, merely because the rate is reduced, or pension is not payable, under Division 4, 5 or 5A of Part II or section 74.

Veteran payment

(6) This Division applies to a person on a day if:

(a) veteran payment is payable to the person on that day; and

(b) veteran payment is so payable because of a claim made on or before that day.

67ZM Seniors health card, gold card etc.

Seniors health card

(1) This Division applies to a person on a day if:

(a) the person makes a claim for a seniors health card under Division 2 of Part VIIC on or before that day; and

(b) the person does not withdraw that claim on or before that day; and

(c) the person is eligible for the card on that day.

(2) This Division applies to a person on a day if:

(a) the person is the holder of a seniors health card on that day because of subsection 118XA(3); and

(b) the person is eligible for the card on that day.

Gold card

(3) This Division applies to a person on a day if:

(a) the person is, on that day, the holder of a card, known as the Repatriation Health Card - For All Conditions, that evidences the person's eligibility under this Act or the MRCA to be provided with treatment for all injuries or diseases; and

(b) the person is eligible for the card on that day.

(4) This Division applies to a person on a day if:

(a) the person makes a claim, on or before that day, under:

(i) section 8 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or

(ii) section 9 of the Treatment Benefits (Special Access) Act 2019;

for a determination that the person is an eligible person; and

(b) the person does not withdraw that claim on or before that day; and

(c) the person is an eligible person (within the meaning of that Act) on that day.

Fringe benefits

(5) This Division applies to a person on a day if the person is eligible for fringe benefits under subsection 53A(1A) of this Act on that day.

67ZN MRCA

Compensation for permanent impairment

(1) This Division applies to a person on a day if either or both of the following apply:

(a) weekly compensation under Part 2 of Chapter 4 of the MRCA:

(i) is payable to the person for that day; or

(ii) would be payable to the person for that day apart from paragraph 398(3)(b) of the MRCA and offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;

(b) the person receives lump sum compensation under Part 2 of Chapter 4 of the MRCA on or before that day.

Special Rate Disability Pension

(2) This Division applies to a person on a day if Special Rate Disability Pension under the MRCA:

(a) is payable to the person for that day; or

(b) would be payable to the person for that day apart from section 204, and paragraph 398(3)(b), of the MRCA.

Compensation for wholly dependent partners

(3) This Division applies to a person on a day if either or both of the following apply:

(a) weekly compensation under Division 2 of Part 2 of Chapter 5 of the MRCA either:

(i) is payable to the person for that day; or

(ii) would be payable to the person for that day apart from paragraph 398(3)(b) of the MRCA;

(b) both:

(i) the person receives lump sum compensation under Division 2 of Part 2 of Chapter 5 of the MRCA on or before that day; and

(ii) subsection 388(6) of the MRCA does not apply to the person before that day.

67ZO Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988

This Division applies to a person on a day if:

(a) at any time, the person receives a payment of compensation under section 24 of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988; and

(b) the payment is paid because of a claim the person makes on or before that day.