Social Services and Other Legislation Amendment (Strengthening the Safety Net) Act 2023
No. 52, 2023
An Act to amend the law relating to social security, family assistance and veterans’ entitlements, and for related purposes
Social Services and Other Legislation Amendment (Strengthening the Safety Net) Act 2023
No. 52, 2023
An Act to amend the law relating to social security, family assistance and veterans’ entitlements, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Additional support for single parents
Social Security Act 1991
Schedule 2—Increase to working age payments
Part 1—Main amendments
Division 1—Disability support pension (under 21)
Social Security Act 1991
Division 2—Youth allowance
Social Security Act 1991
Division 3—Austudy payment
Social Security Act 1991
Division 4—Jobseeker payment
Social Security Act 1991
Division 5—Parenting payment (partnered)
Social Security Act 1991
Division 6—Application of amendments
Part 2—Other amendments
Social Security Act 1991
Schedule 3—Increased support for Commonwealth rent assistance recipients
A New Tax System (Family Assistance) Act 1999
Social Security Act 1991
Veterans’ Entitlements Act 1986
Social Services and Other Legislation Amendment (Strengthening the Safety Net) Act 2023
No. 52, 2023
An Act to amend the law relating to social security, family assistance and veterans’ entitlements, and for related purposes
[Assented to 10 August 2023]
The Parliament of Australia enacts:
This Act is the Social Services and Other Legislation Amendment (Strengthening the Safety Net) Act 2023.
(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 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day this Act receives the Royal Assent. | 10 August 2023 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Additional support for single parents
1 Paragraph 500D(2)(c)
Omit “8”, substitute “14”.
2 Subparagraph 1061PJ(2A)(b)(iii)
Omit “8”, substitute “14”.
3 Paragraph 1061ZDA(1)(b)
Omit “8”, substitute “14”.
4 Application of amendments
(1) The amendment of paragraph 500D(2)(c) of the Social Security Act 1991 made by this Schedule applies in relation to working out whether a person is qualified for parenting payment for days occurring on or after 20 September 2023.
(2) The amendment of subparagraph 1061PJ(2A)(b)(iii) of the Social Security Act 1991 made by this Schedule applies in relation to working out whether a person is qualified for a pensioner education supplement for days occurring on or after 20 September 2023.
(3) The amendment of paragraph 1061ZDA(1)(b) of the Social Security Act 1991 made by this Schedule applies in relation to working out whether a person is qualified for a pensioner concession card for days occurring on or after 20 September 2023.
Schedule 2—Increase to working age payments
Division 1—Disability support pension (under 21)
1 Point 1066A‑B1 (table B)
Repeal the table (not including the notes), substitute:
Column 1 | Column 2 | Column 3 | Column 4 |
1 | Not a member of a couple and person: (a) is under 18 years of age; and (b) is not independent; and (c) is not living away from the person’s parental home because of a medical condition of the person | $9,695.40 | $372.90 |
2 | Not a member of a couple and person: (a) is under 18 years of age; and (b) either: (i) is independent; or (ii) is living away from the person’s parental home because of a medical condition of the person | $15,672.80 | $602.80 |
3 | Not a member of a couple and person: (a) has reached 18 years of age; and (b) is living at home of parent or parents; and (c) is not independent | $11,164.40 | $429.40 |
4 | Not a member of a couple and person: (a) has reached 18 years of age; and (b) either: (i) is not living at a home of parent or parents; or (ii) is living at a home of parent or parents, but is independent | $15,672.80 | $602.80 |
5 | Partnered | $15,672.80 | $602.80 |
6 | Member of illness separated couple, member of respite care couple or partnered (partner in gaol) | $15,672.80 | $602.80 |
2 Point 1066B‑B1 (table B)
Repeal the table (not including the notes), substitute:
Column 1 | Column 2 | Column 3 | Column 4 |
1 | Not a member of a couple and person: (a) is under 18 years of age; and (b) is not independent; and (c) is not living away from the person’s parental home because of a medical condition of the person | $9,695.40 | $372.90 |
2 | Not a member of a couple and person: (a) is under 18 years of age; and (b) either: (i) is independent; or (ii) is living away from the person’s parental home because of a medical condition of the person | $15,672.80 | $602.80 |
3 | Not a member of a couple and person: (a) has reached 18 years of age; and (b) is living at home of parent or parents; and (c) is not independent | $11,164.40 | $429.40 |
4 | Not a member of a couple and person: (a) has reached 18 years of age; and (b) either: (i) is not living at a home of parent or parents; or (ii) is living at a home of parent or parents, but is independent | $15,672.80 | $602.80 |
5 | Partnered | $15,672.80 | $602.80 |
6 | Member of illness separated couple, member of respite care couple or partnered (partner in gaol) | $15,672.80 | $602.80 |
3 Point 1067G‑B2 (table BA)
Repeal the table (not including the note), substitute:
Table BA—Maximum basic rates (people who are not independent) | ||
Column 1 Item | Column 2 Person’s situation | Column 3 Rate |
1 | Lives at home and not yet 18 years old | $372.90 |
2 | Lives at home and at least 18 years old | $429.40 |
3 | Required to live away from home | $602.80 |
4 Point 1067G‑B3 (table BB)
Repeal the table (not including the note), substitute:
Column 1 Item | Column 2 Person’s situation | Column 3 Rate |
1 | Accommodated independent person and not yet 18 years old | $372.90 |
2 | Accommodated independent person and at least 18 years old | $429.40 |
3 | In supported State care and not yet 18 years old | $372.90 |
4 | In supported State care and at least 18 years old | $429.40 |
5 | In unsupported State care | $602.80 |
6 | Not a member of a couple and has a dependent child | $760.40 |
7 | Member of a couple and has a dependent child | $652.60 |
8 | Not an accommodated independent person, not in supported State care, not in unsupported State care and does not have a dependent child | $602.80 |
5 Point 1067G‑B4 (table BC)
Repeal the table (not including the note), substitute:
Table BC—Maximum basic rates (long term income support students) | ||
Column 1 Item | Column 2 Person’s situation | Column 3 Rate |
1 | Not independent, lives at home and not a member of a couple | $505.20 |
2 | Not independent, required to live away from home and not a member of a couple | $711.90 |
3 | Accommodated independent person and not a member of a couple | $505.20 |
4 | Independent, not an accommodated independent person and not a member of a couple | $711.90 |
5 | Member of a couple | $652.60 |
6 Subpoint 1067L‑B2(1) (table BA)
Repeal the table (not including the note), substitute:
Table BA—Maximum basic rates (persons who are not long term income support students) | |||
Column 1 Item | Column 2 Person’s situation | Column 3 Rate | |
1 | Does not have a dependent child or a YA child | $602.80 | |
2 | Is a member of a couple and has a dependent child | $652.60 | |
3 | Is not a member of a couple and has a dependent child or YA child | $760.40 | |
7 Point 1067L‑B3 (table BB)
Repeal the table, substitute:
Table BB—Maximum basic rates (persons who are long term income support students) | ||
Column 1 Item | Column 2 Person’s situation | Column 3 Rate |
1 | Is a member of a couple | $652.60 |
2 | Is not a member of a couple | $711.90 |
8 Point 1068‑B1 (table B)
Repeal the table (not including the notes), substitute:
Table B—Maximum basic rates | |||
Column 1 | Column 2 | Column 3 Rate | |
Item | Person’s family situation | Column 3A Person with dependent child | Column 3B Person without dependent child |
4A | Not member of couple and person: (a) receives jobseeker payment; and (b) has not turned 55 | $785.20 | $733.10 |
4B | Not member of couple and person: (a) receives jobseeker payment; and (b) has turned 55; and (c) has not been receiving one, or a combination, of social security pension or social security benefit or service pension, income support supplement or veteran payment for a continuous period of at least 9 months | $785.20 | $733.10 |
5 | Not member of couple and person: (a) has turned 55; and (b) has been receiving one, or a combination, of social security pension or social security benefit or service pension or income support supplement for a continuous period of at least 9 months | $785.20 | $785.20 |
7 | Partnered | $671.20 | $671.20 |
9 | Member of illness separated couple | $785.20 | $785.20 |
11 | Partnered (partner in gaol) | $785.20 | $785.20 |
Division 5—Parenting payment (partnered)
9 Point 1068B‑C2 (table C)
Repeal the table (not including the notes), substitute:
Column 1 Item | Column 2 Person’s family situation | Column 3 Rate |
1 | Person not covered by item 2, 3 or 4 | $671.20 |
2 | Member of illness separated couple | $785.20 |
3 | Member of respite care couple | $785.20 |
4 | Partnered (partner in gaol) | $785.20 |
Division 6—Application of amendments
10 Application of amendments
(1) The amendments of the Social Security Act 1991 made by this Part apply in relation to working out the following:
(a) the rate of a person’s disability support pension, youth allowance, austudy payment, jobseeker payment or benefit PP (partnered) for days occurring on or after 20 September 2023;
(b) the rate of a person’s farm household allowance under the Farm Household Support Act 2014 for days occurring on or after 20 September 2023.
(2) For the purposes of indexing an amount:
(a) specified in a table of the Social Security Act 1991 as substituted by an item of this Part; and
(b) on the first indexation day for the amount that occurs after the day this item commences;
the current figure for the amount immediately before that first indexation day is taken to be that specified amount.
11 Paragraphs 1061Q(2B)(d), (3)(c), (3A)(c), (3F)(c) and (3G)(c)
Omit “60”, substitute “55”.
12 Paragraph 1061ZA(2)(a)
Omit “60”, substitute “55”.
13 Paragraph 1067L‑C1(b)
Omit “60”, substitute “55”.
14 Point 1068‑D3 (heading)
Omit “60”, substitute “55”.
15 Paragraph 1068‑D3(a)
Omit “60”, substitute “55”.
16 Subparagraph 1068B‑E1(d)(i)
Omit “60”, substitute “55”.
17 Section 1190 (table item 2, column 4)
Omit “items 4A, 4B, 5, 7 and 9”, substitute “all amounts”.
18 Application of amendments
(1) The amendments of section 1061Q of the Social Security Act 1991 made by this Part apply in relation to each telephone allowance payday for a person, that occurs on or after 20 September 2023, on which telephone allowance is payable to the person.
(2) The amendment of paragraph 1061ZA(2)(a) of the Social Security Act 1991 made by this Part applies in relation to working out whether a person is qualified for a pensioner concession card for days occurring on or after 20 September 2023.
(3) The amendment of paragraph 1067L‑C1(b) of the Social Security Act 1991 made by this Part applies in relation to working out the rate of a person’s austudy payment for days occurring on or after 20 September 2023.
(4) The amendment of paragraph 1068‑D3(a) of the Social Security Act 1991 made by this Part applies in relation to working out the rate of a person’s jobseeker payment for days occurring on or after 20 September 2023.
(5) The amendment of subparagraph 1068B‑E1(1)(d)(i) of the Social Security Act 1991 made by this Part applies in relation to working out the rate of a person’s benefit PP (partnered) for days occurring on or after 20 September 2023.
(6) The amendment of section 1190 of the Social Security Act 1991 made by this Part applies in relation to indexing an amount on each indexation day for the amount that occurs after the day this item commences.
Schedule 3—Increased support for Commonwealth rent assistance recipients
A New Tax System (Family Assistance) Act 1999
1 Subparagraph 38C(1)(f)(i) of Schedule 1
Omit “$3,073.30”, substitute “$4,807.05”.
2 Subparagraph 38C(1)(f)(ii) of Schedule 1
Omit “$4,547.90”, substitute “$7,102.90”.
3 Subparagraphs 38C(1)(f)(iii) and (iv) of Schedule 1
Omit “$3,073.30”, substitute “$4,807.05”.
4 Subparagraph 38C(1)(fa)(i) of Schedule 1
Omit “$2,332.35”, substitute “$3,657.30”.
5 Subparagraph 38C(1)(fa)(ii) of Schedule 1
Omit “$3,806.95”, substitute “$5,945.85”.
6 Subparagraphs 38C(1)(fa)(iii) and (iv) of Schedule 1
Omit “$2,332.35”, substitute “$3,657.30”.
7 Clause 38D of Schedule 1 (table)
Repeal the table, substitute:
Rent assistance payable to individual who has at least one FTB child and who is not a relevant shared carer (Part A—Method 1) | ||||
| Column 1 Family situation | Column 2 Rate A | Column 3 Rate B | |
|
|
| Column 3A | Column 3B |
|
|
| 1 or 2 rent assistance children | 3 or more rent assistance children |
1 | Not member of a couple |
| $5,544.35 | $6,259.75 |
2 | Member of a couple other than a person who is partnered (partner in gaol) or a member of an illness separated couple, a respite care couple or a temporarily separated couple |
| $5,544.35 | $6,259.75 |
3 | Person who is partnered (partner in gaol) or a member of an illness separated couple or a respite care couple |
| $5,544.35 | $6,259.75 |
4 | Member of a temporarily separated couple |
| $5,544.35 | $6,259.75 |
8 Clause 38E of Schedule 1 (table)
Repeal the table, substitute:
Rent assistance payable to individual who is a relevant shared carer or who has only one or more regular care children (Part A—Method 1 or 3) | |||
| Column 1 Family situation | Column 2 Rate A | Column 3 Rate B |
1 | Not member of a couple |
| $4,745.00 |
2 | Member of a couple other than a person who is partnered (partner in gaol) or a member of an illness separated couple, a respite care couple or a temporarily separated couple |
| $4,456.65 |
3 | Person who is partnered (partner in gaol) or a member of an illness separated couple or a respite care couple |
| $4,745.00 |
4 | Member of a temporarily separated couple |
| $4,456.65 |
9 Subsection 1070L(2) (table)
Repeal the table, substitute:
Rate of rent assistance | |||
Column 1 Item | Column 2 Person’s family situation | Column 3 Rate A | Column 4 Rate B |
1 | Not a member of a couple |
| $180.80 |
2 | Partnered and partner does not have rent increased pension |
| $170.20 |
3 | Partnered and partner: (a) is receiving a social security pension; and (b) has rent increased pension |
| Half the rate specified in column 4 of item 2 |
4 | Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) does not have a dependent child or dependent children |
| Half the rate specified in column 4 of item 2 |
5 | Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 1 or 2 dependent children |
| $106.80 |
6 | Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 3 or more dependent children |
| $120.00 |
7 | Partnered—member of an illness separated couple |
| $180.80 |
8 | Partnered—member of a respite care couple |
| $180.80 |
9 | Partnered—member of a temporarily separated couple |
| $170.20 |
10 | Partnered (partner in gaol) |
| $180.80 |
10 Subsection 1070M(2) (table)
Repeal the table, substitute:
Rate of rent assistance | ||
Column 1 Item | Column 2 Rate A | Column 3 Rate B |
1 |
| $180.80 |
11 Subsection 1070N(2) (table)
Repeal the table, substitute:
Rate of rent assistance | |||
Column 1 Item | Column 2 Person’s family situation | Column 3 Rate A | Column 4 Rate B |
1 | Not a member of a couple and: (a) in disability accommodation; or (b) independent |
| $180.80 |
2 | Partnered and partner does not have rent increased pension |
| $170.20 |
3 | Partnered and partner: (a) is receiving a social security pension; and (b) has rent increased pension |
| Half the rate specified in column 4 of item 2 |
4 | Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) does not have a dependent child or dependent children |
| Half the rate specified in column 4 of item 2 |
5 | Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 1 or 2 dependent children |
| $106.80 |
6 | Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 3 or more dependent children |
| $120.00 |
7 | Partnered—member of an illness separated couple |
| $180.80 |
8 | Partnered—member of a respite care couple |
| $180.80 |
9 | Partnered—member of a temporarily separated couple |
| $170.20 |
10 | Partnered (partner in gaol) |
| $180.80 |
12 Subsection 1070P(2) (table)
Repeal the table, substitute:
Rate of rent assistance | |||
Column 1 Item | Column 2 Person’s family situation | Column 3 Rate A | Column 4 Rate B |
1 | Not a member of a couple and: (a) in disability accommodation; or (b) living away from the person’s parental home permanently or indefinitely |
| $180.80 |
2 | Partnered and partner does not have rent increased pension |
| $170.20 |
3 | Partnered and partner: (a) is receiving a social security pension; and (b) has rent increased pension |
| Half the rate specified in column 4 of item 2 |
4 | Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) does not have a dependent child or dependent children |
| Half the rate specified in column 4 of item 2 |
5 | Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 1 or 2 dependent children |
| $106.80 |
6 | Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 3 or more dependent children |
| $120.00 |
7 | Partnered—member of an illness separated couple |
| $180.80 |
8 | Partnered—member of a respite care couple |
| $180.80 |
9 | Partnered—member of a temporarily separated couple |
| $170.20 |
10 | Partnered (partner in gaol) |
| $180.80 |
13 Subsection 1070Q(2) (table)
Repeal the table, substitute:
Rate of rent assistance | |||
Column 1 Item | Column 2 Person’s family situation | Column 3 Rate A | Column 4 Rate B |
1 | Not a member of a couple |
| $180.80 |
2 | Partnered—partner does not have rent increased benefit |
| $170.20 |
3 | Partnered—partner has rent increased benefit |
| Half the rate specified in column 4 of item 2 |
4 | Partnered—member of an illness separated couple |
| $180.80 |
5 | Partnered—member of a respite care couple |
| $180.80 |
6 | Partnered—member of a temporarily separated couple |
| $170.20 |
7 | Partnered (partner in gaol) |
| $180.80 |
14 Subsection 1070R(2) (table)
Repeal the table, substitute:
Rate of rent assistance | |||
Column 1 Item | Column 2 Person’s family situation | Column 3 Rate of rent assistance | Column 4 Maximum rate |
1 | Partnered—partner does not have rent increased benefit |
| $170.20 |
2 | Partnered—partner has rent increased benefit |
| Half the rate specified in column 4 of item 1 |
3 | Partnered—member of an illness separated couple |
| $180.80 |
4 | Partnered—member of a respite care couple |
| $180.80 |
5 | Partnered—member of a temporarily separated couple |
| $170.20 |
6 | Partnered (partner in gaol) |
| $180.80 |
15 Subsection 1070T(1)
Omit “$82.80”, substitute “$140.40”.
16 Subsection 1070T(3) (example)
Omit “$82.80” (wherever occurring), substitute “$140.40”.
Veterans’ Entitlements Act 1986
17 Point SCH6‑C6 of Schedule 6 (table C‑1)
Repeal the table (not including the notes), substitute:
Table C‑1—Rent threshold rates | |||
Column 1 Item | Column 2 Person’s family situation | Column 3 Rate per year $ | Column 4 Rate per fortnight $ |
1 | Not a member of a couple | 3,650.40 | 140.40 |
| A member of an illness separated couple |
|
|
| A member of a respite care couple |
|
|
| Partnered—partner without a rent increased pension |
|
|
2 | Partnered—partner with a rent increased pension | 2,956.20 | 113.70 |
18 Subpoint SCH6‑C8(1) of Schedule 6 (table C‑2)
Repeal the table (not including the notes), substitute:
Table C‑2—Rate of rent assistance | |||
Column 1 Item | Column 2 Person’s family | Column 3 Rate A $ | Column 4 Rate B $ |
1 | Not a member of a couple |
| 4,700.80 |
| A member of an illness separated couple |
|
|
| A member of a respite care couple |
|
|
| Partnered—partner without a rent increased pension |
|
|
2 | Partnered—partner with a rent increased pension |
| 2,212.60 |
19 Application of amendments
A New Tax System (Family Assistance) Act 1999
(1) The amendments of the A New Tax System (Family Assistance) Act 1999 made by this Schedule apply in relation to working out a person’s Part A rate of family tax benefit for days occurring on or after 20 September 2023.
(2) For the purposes of indexing an amount:
(a) specified in a table of the A New Tax System (Family Assistance) Act 1999 as substituted by an item of this Schedule; and
(b) on the first indexation day for the amount that occurs after the day this item commences;
the current figure for the amount immediately before that first indexation day is taken to be that specified amount.
Social Security Act 1991
(3) The amendments of the Social Security Act 1991 made by this Schedule apply in relation to working out:
(a) the rate of a person’s social security payment for days occurring on or after 20 September 2023; and
(b) the rate of a person’s farm household allowance under the Farm Household Support Act 2014 for days occurring on or after 20 September 2023.
(4) For the purposes of indexing an amount:
(a) specified in subsection 1070T(1) of the Social Security Act 1991 as amended by an item of this Schedule or in a table of that Act as substituted by an item of this Schedule; and
(b) on the first indexation day for the amount that occurs after the day this item commences;
the current figure for the amount immediately before that first indexation day is taken to be that specified amount.
Veterans’ Entitlements Act 1986
(5) The amendments of the Veterans’ Entitlements Act 1986 made by this Schedule apply in relation to working out the rate of a person’s service pension, income support supplement or veteran payment for days occurring on or after 20 September 2023.
(6) For the purposes of indexing an amount:
(a) specified in a table of Schedule 6 to the Veterans’ Entitlements Act 1986 as substituted by an item of this Schedule; and
(b) on the first indexation day for the amount that occurs after the day this item commences;
the current figure for the amount immediately before that first indexation day is taken to be that specified amount.
[Minister’s second reading speech made in—
House of Representatives on 25 May 2023
Senate on 13 June 2023]
(70/23)
