Commonwealth Coat of Arms of Australia

 

Social Security (Coronavirus Economic Response—2020 Measures No. 16) Determination 2020

I, Anne Ruston, Minister for Families and Social Services, make the following determination.

Dated 18 December 2020

Anne Ruston

Minister for Families and Social Services

 

 

 

 

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Schedule 1—modifications

5 Schedule 2—amendments

Part 2—COVID19 supplement

6 COVID19 supplement—parenting payment

7 COVID19 supplement—youth allowance

8 COVID19 supplement—jobseeker payment

9 COVID19 supplement—austudy payment, widow allowance, partner allowance and special benefit

Schedule 1—Modifications of the Social Security Act 1991

Part 1—Modifications ending at the end of 31 March 2021

Part 2—Modifications ending at the end of 16 April 2021

Schedule 2—Amendments

Social Security (Coronavirus Economic Response—2020 Measures No. 2) Determination 2020

Social Security (Coronavirus Economic Response—2020 Measures No. 6) Determination 2020

Part 1Preliminary

 

1  Name

  This instrument is the Social Security (Coronavirus Economic Response—2020 Measures No. 16) Determination 2020.

2  Commencement

 (1) Each provision of this instrument 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.  Part 1 and anything in this instrument not elsewhere covered by this table

The day after this instrument is registered.

23 December 2020

2.  Part 2

1 January 2021.

1 January 2021

3.  Schedule 1

1 January 2021.

1 January 2021

4.  Schedule 2

The day after this instrument is registered.

23 December 2020

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the following:

 (a) section 504 of the Social Security Act 1991;

 (b) section 557 of the Social Security Act 1991;

 (c) section 646 of the Social Security Act 1991;

 (d) section 1210B of the Social Security Act 1991;

 (e) section 1262 of the Social Security Act 1991.

4  Schedule 1—modifications

 (1) Each modification of the operation of a provision of a social security law (within the meaning of the Social Security Act 1991) as set out in Schedule 1 to this instrument is determined for the purposes of section 1262 of the Social Security Act 1991.

 (2) For the purposes of subsection 1262(4) of the Social Security Act 1991, this instrument, to the extent it is made under section 1262 of that Act, applies to all persons.

 (3) For the purposes of subsection 1263(1) of the Social Security Act 1991, this instrument, to the extent it is made under section 1262 of that Act, is in force for the period:

 (a) beginning on 1 January 2021; and

 (b) ending at the end of:

 (i) 31 March 2021, unless subparagraph (ii) applies; or

 (ii) in relation to the modifications covered by Part 2 of Schedule 1 to this instrument—16 April 2021.

5  Schedule 2—amendments

  Each instrument that is specified in Schedule 2 to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.

Part 2COVID19 supplement

 

6  COVID19 supplement—parenting payment

 (1) For the purposes of subsection 504(3) of the Social Security Act 1991, the initial period, as previously extended, is extended by the period:

 (a) beginning on 1 January 2021; and

 (b) ending at the end of 31 March 2021.

 (2) For the purposes of subsection 504(7) of the Social Security Act 1991, the amount of a person’s COVID19 supplement per fortnight for the extension period is $150 for an instalment period in relation to the person that begins on or after 1 January 2021 and before the end of 31 March 2021.

7  COVID19 supplement—youth allowance

 (1) For the purposes of subsection 557(3) of the Social Security Act 1991, the initial period, as previously extended, is extended by the period:

 (a) beginning on 1 January 2021; and

 (b) ending at the end of 31 March 2021.

 (2) For the purposes of subsection 557(7) of the Social Security Act 1991, the amount of a person’s COVID19 supplement per fortnight for the extension period is $150 for an instalment period in relation to the person that begins on or after 1 January 2021 and before the end of 31 March 2021.

8  COVID19 supplement—jobseeker payment

 (1) For the purposes of subsection 646(3) of the Social Security Act 1991, the initial period, as previously extended, is extended by the period:

 (a) beginning on 1 January 2021; and

 (b) ending at the end of 31 March 2021.

 (2) For the purposes of subsection 646(7) of the Social Security Act 1991, the amount of a person’s COVID19 supplement per fortnight for the extension period is $150 for an instalment period in relation to the person that begins on or after 1 January 2021 and before the end of 31 March 2021.

9  COVID19 supplement—austudy payment, widow allowance, partner allowance and special benefit

 (1) For the purposes of paragraph 1210B(1)(b) of the Social Security Act 1991, austudy payment, widow allowance, partner allowance and special benefit are determined.

 (2) For the purposes of paragraph 1210B(1)(c) of the Social Security Act 1991, the period is the period:

 (a) beginning on 1 January 2021; and

 (b) ending at the end of 31 March 2021.

 (3) For the purposes of paragraph 1210B(1)(d) of the Social Security Act 1991, the fortnightly amount of a person’s COVID19 supplement for the period is $150 for an instalment period in relation to the person that begins on or after 1 January 2021 and before the end of 31 March 2021.

Schedule 1Modifications of the Social Security Act 1991

Part 1Modifications ending at the end of 31 March 2021

1  Disapplication of paragraph 500(1)(d) and subsections 500(3) and (4)

Paragraph 500(1)(d) and subsections 500(3) and (4) of the Social Security Act 1991 do not apply.

2  Variation of section 500WA

Section 500WA of the Social Security Act 1991 is varied by omitting subsection (4) and substituting the following subsection:

 (4) If a person makes a claim for parenting payment during the period beginning on 1 January 2021 and ending at the end of 31 March 2021, then, despite subsection (1), the person is not subject to the whole of the ordinary waiting period.

3  Variation of section 500X

Section 500X of the Social Security Act 1991 is varied by omitting subsection (6) and substituting the following subsection:

 (6) Subsection (1) does not apply to a person during the period beginning on 1 January 2021 and ending at the end of 31 March 2021 (even if subsection (1) applied to the person before that period started).

4  Variation of section 500Y

Section 500Y of the Social Security Act 1991 is varied by adding the following subsections at the end of the section:

 (3) Subsection (4) applies if a person would have, apart from the operation of subsection 500X(6), been subject to a newly arrived resident’s waiting period during the period (the relevant period) beginning on 1 January 2021 and ending at the end of 31 March 2021.

 (4) The person is taken, for the purposes of this section, to have been subject to the newly arrived resident’s waiting period (and time continues to run in relation to that period) during the relevant period.

5  Variation of section 500Z

Section 500Z of the Social Security Act 1991 is varied by omitting subsection (4) and substituting the following subsection:

 (4) If:

 (a) a person makes a claim for parenting payment during the period beginning on 1 January 2021 and ending at the end of 31 March 2021; and

 (b) apart from this subsection, the person would be subject to a seasonal work preclusion period (whether in relation to the claim referred to in paragraph (a) or any other claim under this Act);

then, despite subsection (2), the person is not subject to the whole of the preclusion period.

6  Variation of section 549CA

Section 549CA of the Social Security Act 1991 is varied by omitting subsection (6) and substituting the following subsection:

 (6) If a person makes a claim for youth allowance during the period beginning on 1 January 2021 and ending at the end of 31 March 2021, then, despite subsection (2), the person is not subject to the whole of the ordinary waiting period.

7  Variation of section 549D

Section 549D of the Social Security Act 1991 is varied by omitting subsection (6A) and substituting the following subsection:

Exception—coronavirus

 (6A) Subsection (1) does not apply to a person during the period beginning on 1 January 2021 and ending at the end of 31 March 2021 (even if subsection (1) applied to the person before that period started).

8  Variation of section 549E

Section 549E of the Social Security Act 1991 is varied by:

 (a) inserting the word “(1)” before the word “If”; and

 (b) adding the following subsections at the end of the section (after the note):

 (2) Subsection (3) applies if a person would have, apart from the operation of subsection 549D(6A), been subject to a newly arrived resident’s waiting period during the period (the relevant period) beginning on 1 January 2021 and ending at the end of 31 March 2021.

 (3) The person is taken, for the purposes of this section, to have been subject to the newly arrived resident’s waiting period (and time continues to run in relation to that period) during the relevant period.

9  Variation of section 553C

Section 553C of the Social Security Act 1991 is varied by omitting subsection (7) and substituting the following subsection:

Exemption for coronavirus

 (7) If:

 (a) a person makes a claim for youth allowance during the period beginning on 1 January 2021 and ending at the end of 31 March 2021; and

 (b) apart from this subsection, the person would be subject to a seasonal work preclusion period (whether in relation to the claim referred to in paragraph (a) or any other claim under this Act);

then, despite subsection (2), the person is not subject to the whole of the preclusion period.

10  Variation of section 575D

Section 575D of the Social Security Act 1991 is varied by inserting the following subsection after subsection (2):

Exception—coronavirus

 (2A) Subsection (1) does not apply to a person during the period beginning on 1 January 2021 and ending at the end of 31 March 2021 (even if subsection (1) applied to the person before that period started).

11  Variation of section 575E

Section 575E of the Social Security Act 1991 is varied by:

 (a) inserting the word “(1)” before the word “If”; and

 (b) adding the following subsections at the end of the section (after the note):

 (2) Subsection (3) applies if a person would have, apart from the operation of subsection 575D(2A), been subject to a newly arrived resident’s waiting period during the period (the relevant period) beginning on 1 January 2021 and ending at the end of 31 March 2021.

 (3) The person is taken, for the purposes of this section, to have been subject to the newly arrived resident’s waiting period (and time continues to run in relation to that period) during the relevant period.

12  Variation of section 575EA

Section 575EA of the Social Security Act 1991 is varied by adding the following subsection at the end of the section (after the notes):

Exemption for coronavirus

 (4) If:

 (a) a person makes a claim for austudy payment during the period beginning on 1 January 2021 and ending at the end of 31 March 2021; and

 (b) apart from this subsection, the person would be subject to a seasonal work preclusion period (whether in relation to the claim referred to in paragraph (a) or any other claim under this Act);

then, despite subsection (2), the person is not subject to the whole of the preclusion period.

13  Variation of section 620

Section 620 of the Social Security Act 1991 is varied by omitting subsection (5) and substituting the following subsection:

 (5) If a person makes a claim for jobseeker payment during the period beginning on 1 January 2021 and ending at the end of 31 March 2021, then, despite subsection (1), the person is not subject to the whole of the ordinary waiting period.

14  Variation of section 623A

Section 623A of the Social Security Act 1991 is varied by omitting subsection (10) and substituting the following subsection:

 (10) Subsection (1) does not apply to a person during the period beginning on 1 January 2021 and ending at the end of 31 March 2021 (even if subsection (1) applied to the person before that period started).

15  Variation of section 623B

Section 623B of the Social Security Act 1991 is varied by adding the following subsections at the end of the section:

 (4) Subsection (5) applies if a person would have, apart from the operation of subsection 623A(10), been subject to a newly arrived resident’s waiting period during the period (the relevant period) beginning on 1 January 2021 and ending at the end of 31 March 2021.

 (5) The person is taken, for the purposes of this section, to have been subject to the newly arrived resident’s waiting period (and time continues to run in relation to that period) during the relevant period.

16  Variation of section 633

Section 633 of the Social Security Act 1991 is varied by omitting subsection (7) and substituting the following subsection:

 (7) If:

 (a) a person makes a claim for jobseeker payment during the period beginning on 1 January 2021 and ending at the end of 31 March 2021; and

 (b) apart from this subsection, the person would be subject to a seasonal work preclusion period (whether in relation to the claim referred to in paragraph (a) or any other claim under this Act);

then, despite subsection (2), the person is not subject to the whole of the preclusion period.

17  Variation of subsection 654(3)

Subsection 654(3) of the Social Security Act 1991 is varied by omitting “day” in step 2 of the method statement and substituting “day, and then add the amount of the COVID19 supplement worked out in accordance with section 646”.

18  Variation of Part 2.12

Part 2.12 of the Social Security Act 1991 is varied by adding the following Division at the end of the Part:

Division 10Member of couple definition for coronavirus period

660N  Member of couple definition for coronavirus period

 (1) If a person makes a claim for a jobseeker payment during the period beginning on 1 January 2021 and ending at the end of 31 March 2021, then, in applying this Part in connection with that claim and for a day in that period, subsection 1068(2) does not apply and the person is a member of a couple if:

 (a) the person is legally married to another person and is not living separately and apart from the other person on a permanent or indefinite basis; or

 (b) both of the following conditions are met:

 (i) a relationship between the person and another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;

 (ii) the person is not living separately and apart from the other person on a permanent or indefinite basis; or

 (c) all of the following conditions are met:

 (i) the person has a relationship with another person, whether of the same sex or a different sex (in this paragraph called the partner);

 (ii) the person is not legally married to the partner;

 (iii) the relationship between the person and the partner is a de facto relationship.

 (2) Subsection (1) applies despite subsections 4(2), (3) and (3A) but is subject to subsections 4(6) and (6A) and section 24.

19  Variation of section 739A

Section 739A of the Social Security Act 1991 is varied by omitting subsection (10) and substituting the following subsections:

 (10) Neither subsection (1) nor (2) applies to a person during the period beginning on 1 January 2021 and ending at the end of 31 March 2021 (even if subsection (1) or (2) applied to the person before that period started).

 (11) Subsection (12) applies if a person would have, apart from the operation of subsection (10), been subject to a newly arrived resident’s waiting period during the period (the relevant period) beginning on 1 January 2021 and ending at the end of 31 March 2021.

 (12) The person is taken, for the purposes of this section, to have been subject to the newly arrived resident’s waiting period (and time continues to run in relation to that period) during the relevant period.

20  Variation of section 745M

Section 745M of the Social Security Act 1991 is varied by omitting subsection (4) and substituting the following subsection:

 (4) If:

 (a) a person makes a claim for special benefit during the period beginning on 1 January 2021 and ending at the end of 31 March 2021; and

 (b) apart from this subsection, the person would be subject to a seasonal work preclusion period (whether in relation to the claim referred to in paragraph (a) or any other claim under this Act);

then, despite subsection (2), the person is not subject to the whole of the preclusion period.

21  Variation of section 1046

(1) Section 1046 of the Social Security Act 1991 is varied by inserting the following subsection after subsection (3):

 (3A) If:

 (a) in relation to a person, the 12week period mentioned in subsection (3) ends:

 (i) on or after 12 June 2020; and

 (ii) on or before 31 March 2021; and

 (b) the Secretary is satisfied that this section applies to the person because of the impact of the coronavirus known as COVID19; and

 (c) subsection (5) has not applied in relation to the person;

the Secretary may determine that, despite subsection (3), the person continues to be qualified for the mobility allowance until the end of the earlier of the following days:

 (d) the last day of the 6week period beginning on the day after the end of the 12week period mentioned in subsection (3);

 (e) 31 March 2021.

(2) Section 1046 of the Social Security Act 1991 is varied by inserting the following subsection after subsection (4):

 (4A) If:

 (a) in relation to a person, the 2week period mentioned in subsection (4) ends:

 (i) on or after 12 June 2020; and

 (ii) on or before 31 March 2021; and

 (b) the Secretary is satisfied that subsection (4) applies to the person because of the impact of the coronavirus known as COVID19;

the Secretary may determine that, despite subsection (4), the person continues to be qualified for the mobility allowance until the end of the earlier of the following days:

 (c) the last day of the 16week period beginning on the day after the end of the 2week period mentioned in subsection (4);

 (d) 31 March 2021.

(3) Paragraph 1046(5)(a) of the Social Security Act 1991 is varied by inserting the words “or (3A)” after the words “subsection (3)”.

22  Variation of point 1067GH1 

Point 1067GH1 of the Social Security Act 1991 is varied by omitting “and 1067GH33” in step 6 of the method statement and substituting “, 1067GH33 and 1067GH34”.

23  Variation of point 1067GH29

Point 1067GH29 of the Social Security Act 1991 is varied by omitting “A” and substituting “Subject to point 1067GH29A, a”.

24  Variation of Module H of the Youth Allowance Rate Calculator in section 1067G

Module H of the Youth Allowance Rate Calculator in section 1067G of the Social Security Act 1991 is varied by inserting the following point after point 1067GH29:

 1067GH29A For the period beginning on 1 January 2021 and ending at the end of 31 March 2021, the amount applicable under paragraph 1067GH29(b) is taken to be $300.

25  Variation of point 1067GH31

Point 1067GH31 of the Social Security Act 1991 is varied by omitting “If” and substituting “Subject to point 1067GH34, if”.

26  Variation of Module H of the Youth Allowance Rate Calculator in section 1067G

Module H of the Youth Allowance Rate Calculator in section 1067G of the Social Security Act 1991 is varied by adding the following point at the end of the Module:

Ordinary income reduction if paragraph 1067GH29(b) applies

 1067GH34 If paragraph 1067GH29(b) applies to a person in a case where point 1067GH29A also applies, then, in relation to the period beginning on 1 January 2021 and ending at the end of 31 March 2021, the person’s ordinary income reduction is an amount equal to 60% of the person’s ordinary income excess.

27  Variation of section 1068

Section 1068 of the Social Security Act 1991 is varied by inserting the following subsections after subsection (2):

Jobseeker payment—member of couple definition for coronavirus period

 (2A) If a person makes a claim for a jobseeker payment during the period beginning on 1 January 2021 and ending at the end of 31 March 2021, then, in working out the person’s rate of jobseeker payment under this Part in connection with that claim and for a day in that period, subsection (2) of this section does not apply and the person is a member of a couple if:

 (a) the person is legally married to another person and is not living separately and apart from the other person on a permanent or indefinite basis; or

 (b) both of the following conditions are met:

 (i) a relationship between the person and another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;

 (ii) the person is not living separately and apart from the other person on a permanent or indefinite basis; or

 (c) all of the following conditions are met:

 (i) the person has a relationship with another person, whether of the same sex or a different sex (in this paragraph called the partner);

 (ii) the person is not legally married to the partner;

 (iii) the relationship between the person and the partner is a de facto relationship.

 (2B) Subsection (2A) applies despite subsections 4(2), (3) and (3A) but is subject to subsections 4(6) and (6A) and section 24.

28  Variation of point 1068G1

(1) Point 1068G1 of the Social Security Act 1991 is varied by adding at the end of step 6 of the method statement the words “or 1068G11A”.

(2) Point 1068G1 of the Social Security Act 1991 is varied by adding at the end of step 7 of the method statement the words “or 1068G12A”.

(3) Point 1068G1 of the Social Security Act 1991 is varied by omitting “and 1068G17” in step 10 of the method statement and substituting “, 1068G17 and 1068G18”.

29  Variation of point 1068G11 

Point 1068G11 of the Social Security Act 1991 is varied by omitting “If” and substituting “Subject to point 1068G11A, if”.

30  Variation of Module G of Benefit Rate Calculator B in section 1068

Module G of Benefit Rate Calculator B in section 1068 of the Social Security Act 1991 is varied by inserting the following point after point 1068G11:

 1068G11A In relation to jobseeker payment and the period beginning on 1 January 2021 and ending at the end of 31 March 2021, if a person has a partner income excess, the person’s partner income reduction is an amount equal to 27% of the person’s partner income excess.

31  Variation of point 1068G12 

Point 1068G12 of the Social Security Act 1991 is varied by omitting “A” and substituting “Subject to point 1068G12A, a”.

32  Variation of Module G of Benefit Rate Calculator B in section 1068

Module G of Benefit Rate Calculator B in section 1068 of the Social Security Act 1991 is varied by inserting the following point after point 1068G12:

 1068G12A In relation to jobseeker payment and the period beginning on 1 January 2021 and ending at the end of 31 March 2021, a person’s ordinary income free area is:

 (a) $300, unless paragraph (b) applies; or

 (b) if the person is not a member of a couple and is the principal carer of a child—$106.

33  Variation of point 1068G14 

Point 1068G14 of the Social Security Act 1991 is varied by omitting “point 1068G17” and substituting “points 1068G17 and 1068G18”.

34  Variation of Module G of Benefit Rate Calculator B in section 1068

Module G of Benefit Rate Calculator B in section 1068 of the Social Security Act 1991 is varied by adding the following point at the end of the Module:

 1068G18 If paragraph 1068G12A(a) applies to a person, then, in relation to the period beginning on 1 January 2021 and ending at the end of 31 March 2021, the person’s ordinary income reduction is an amount equal to 60% of the person’s ordinary income excess.

35  Variation of section 1216

(1) Section 1216 of the Social Security Act 1991 is varied by inserting the word “(1)” before the word “During”.

(2) Section 1216 of the Social Security Act 1991 is varied by adding the following subsections at the end of the section:

 (2) If:

 (a) the 26 weeks mentioned in paragraph (1)(a) ends on or after 11 March 2020; and

 (b) the Secretary is satisfied that the person’s absence from Australia is temporary; and

 (c) the Secretary is satisfied that the person is unable to return to Australia before the end of that 26week period because of the impact of the coronavirus known as COVID19;

the Secretary may, in relation to the person, determine that a reference to 26 weeks in paragraph (1)(a) is taken to be a reference to another number of weeks. However, the Secretary must ensure that the determination does not result in a period referred to in that paragraph that ends after 31 March 2021.

 (3) Despite Subdivision B of Division 9 of Part 3 of the Administration Act, a favourable determination (within the meaning of section 108 of that Act) that is made as a result of a determination referred to in subsection (2) of this section may be expressed to take effect on a day earlier than otherwise permitted by that Subdivision.

36  Variation of section 1220A

Section 1220A of the Social Security Act 1991 is varied by adding the following subsections at the end of the section:

 (6) If:

 (a) the 26 weeks mentioned in paragraph (1)(a) ends on or after 11 March 2020; and

 (b) the Secretary is satisfied that the person’s absence from Australia is temporary; and

 (c) the Secretary is satisfied that the person is unable to return to Australia before the end of that 26week period because of the impact of the coronavirus known as COVID19;

the Secretary may, in relation to the person, determine that a reference to 26 weeks in paragraph (1)(a) is taken to be a reference to another number of weeks. However, the Secretary must ensure that the determination does not result in a period referred to in that paragraph that ends after 31 March 2021.

 (7) Despite Subdivision B of Division 9 of Part 3 of the Administration Act, a favourable determination (within the meaning of section 108 of that Act) that is made as a result of a determination referred to in subsection (6) of this section may be expressed to take effect on a day earlier than otherwise permitted by that Subdivision.

37  Variation of section 1220B

Section 1220B of the Social Security Act 1991 is varied by adding the following subsections at the end of the section:

 (3) If:

 (a) the 26 weeks mentioned in paragraph (1)(a) ends on or after 11 March 2020; and

 (b) the Secretary is satisfied that the person’s absence from Australia is temporary; and

 (c) the Secretary is satisfied that the person is unable to return to Australia before the end of that 26week period because of the impact of the coronavirus known as COVID19;

the Secretary may, in relation to the person, determine that a reference to 26 weeks in paragraph (1)(a) is taken to be a reference to another number of weeks. However, the Secretary must ensure that the determination does not result in a period referred to in that paragraph that ends after 31 March 2021.

 (4) Despite Subdivision B of Division 9 of Part 3 of the Administration Act, a favourable determination (within the meaning of section 108 of that Act) that is made as a result of a determination referred to in subsection (3) of this section may be expressed to take effect on a day earlier than otherwise permitted by that Subdivision.

38  Variation of Division 3 of Part 4.2

Division 3 of Part 4.2 of the Social Security Act 1991 is varied by adding the following section at the end of the Division:

1221A  Other portability rules

 (1) If:

 (a) the 26 weeks mentioned in paragraph 6(3)(d) or (4)(d) or 14(3)(d) or (4)(d) of Schedule 4 to the Social Services and Other Legislation Amendment Act 2014 ends on or after 11 March 2020; and

 (b) the Secretary is satisfied that the person’s return to Australia is temporary; and

 (c) the Secretary is satisfied that the person is unable to leave Australia before the end of that 26week period because of the impact of the coronavirus known as COVID19;

the Secretary may, in relation to the person, determine that a reference to 26 weeks in paragraph 6(3)(d) or (4)(d) or 14(3)(d) or (4)(d) of Schedule 4 to the Social Services and Other Legislation Amendment Act 2014 is taken to be a reference to another number of weeks. However, the Secretary must ensure that the determination does not result in a period referred to in that paragraph that ends after 31 March 2021.

 (2) Despite Subdivision B of Division 9 of Part 3 of the Administration Act, a favourable determination (within the meaning of section 108 of that Act) that is made as a result of a determination referred to in subsection (1) of this section may be expressed to take effect on a day earlier than otherwise permitted by that Subdivision.

39  Variation of clause 128 of Schedule 1A

 Clause 128 of Schedule 1A to the Social Security Act 1991 is varied by adding the following subclauses at the end of the clause:

 (4) If:

 (a) the 26 weeks mentioned in paragraph (1)(b) ends on or after 11 March 2020; and

 (b) the Secretary is satisfied that the person’s return to Australia is temporary; and

 (c) the Secretary is satisfied that the person is unable to leave Australia before the end of that 26week period because of the impact of the coronavirus known as COVID19;

the Secretary may, in relation to the person, determine that a reference to 26 weeks in paragraph (1)(b) is taken to be a reference to another number of weeks. However, the Secretary must ensure that the determination does not result in a period referred to in that paragraph that ends after 31 March 2021.

 (5) Despite Subdivision B of Division 9 of Part 3 of the Administration Act, a favourable determination (within the meaning of section 108 of that Act) that is made as a result of a determination referred to in subclause (4) of this clause may be expressed to take effect on a day earlier than otherwise permitted by that Subdivision.

Part 2Modifications ending at the end of 16 April 2021

40  Variation of section 23

(1) Subsection 23(4A) of the Social Security Act 1991 is varied by:

 (a) inserting the words “, or a social security pension or social security benefit is payable to a person” after the word “benefit” in paragraph (a); and

 (b) inserting the words “, or the pension or benefit is taken to be payable to the person,” before the word “until”.

(2) Subsection 23(4A) of the Social Security Act 1991 is varied by omitting paragraph (h) and substituting the following paragraph:

 (h) either:

 (i) 12 weeks after the end of the instalment period in which the cessation day occurs, unless subparagraph (ii) applies; or

 (ii) if that 12week period ends on or after 22 June 2020 but before 16 April 2021—16 April 2021; or

(3) Subsection 23(4AA) of the Social Security Act 1991 is varied by inserting the following paragraph after paragraph (d):

 (da) subsection 1061ZA(1);

Schedule 2Amendments

 

Social Security (Coronavirus Economic Response—2020 Measures No. 2) Determination 2020

1  Paragraph 7(2)(a)

Omit “19 December 2020”, substitute “25 September 2020”.

2  Subsection 7(3)

Omit “19 December 2020”, substitute “25 September 2020”.

Social Security (Coronavirus Economic Response—2020 Measures No. 6) Determination 2020

3  Paragraph 4(2)(a)

Omit “19 December 2020”, substitute “25 September 2020”.

4  Subsection 4(3)

Omit “19 December 2020”, substitute “25 September 2020”.