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December 2011 Update
Bulletin # 36

Overview of changes – September 2011 to December 2011

This Update Bulletin sets out the major changes to social security legislation, family assistance legislation and policy guidelines that came into effect between September 2011 and December 2011.  The update incorporates changes such as:

·      a reduction in the age of independence for Youth Allowance (student);

·      access to the workforce independence criteria for inner regional students;

·      changes to Youth Allowance and Family Tax Benefit for 16 to 19 year olds;

·      new participation requirements for teenage applicants for Parenting Payment in 10 regions;

·      a new restriction on Special Benefit for spouses sponsored to come to Australia;

·      new impairment tables for Disability Support Pension;

·      payment in lieu of notice counting towards a person’s income maintenance period;

·      a new International Agreement with the Latvia;

·      changes to the social security and family assistance rates and means tests.

New materials in this update

This update also includes a substantial revision of chapters concerning claiming and getting paid, visa and other residence requirements, relationship status, students and young people, payments for unemployed people, Parenting Payment, Special Benefit, Employment service providers, Penalties for not complying with requirements and concession cards and Rent Assistance. These chapter revisions have been done in preparation for an anticipated hard copy of the Handbook in 2012. Useful self-help tools incorporated in this update include:

  • a new table to assist in advising a newly arrived resident as to  their possible eligibility for payments in Chapter 11;

  • a sample letter to a counsellor when assisting a person with substance abuse problems in an application to waive their income maintenance period;
  • sample applications for a person wanting to exit income management in Chapter 9;
  • comparisons in Chapter 15 between Youth Allowance and alternate payment types;
  • a new section on Rent Assistance and homelessness in Chapter 38.

Summary of the main changes to social security law since September 2011 

Youth Allowance – reduction in the age of independence

The age of independence for Youth Allowance (student) will reduce from 23 to 22 years on 1 January 2012.

The independence criteria for Youth Allowance (student) can be found in Chapter 15. This chapter has been substantially reviewed for this online update. 

Youth Allowance – access to workforce independence criteria for inner regional students

It will be easier for some students to qualify as independent for Youth Allowance through their part time work or wages. Currently, these criteria are limited to a person who has to move away from home to study and has a combined parental income of less than $150,000 a year and who lives in outer regional, remote or very remote areas. From 1 January 2011 these criteria will be open to all students without any geographical restriction on the location of the parental home the student has had to move away from.

The independence criteria for Youth Allowance (student) can be found in Chapter 15. This chapter has been substantially reviewed for this online update.

Changes to Youth Allowance and Family Tax Benefit for 16 to 19 year olds

From 1 January 2012:

  • Family Tax Benefit Part A will increase for dependent 16 to 19 year olds who are undertaking full-time secondary study;

  • Family Tax Benefit Part B and Multiple Birth Allowance will only be paid for young people in full-time secondary study up to the end of the calendar year in which they turn 18.

  • Young people 16 to 19 in full-time secondary study will count as Rent Assistance children;

  • Family Tax Benefit will cease when a young person turns 22, making 21 the maximum age;

  •  A young person 16 or 17 years old, dependent, living at home and in full-time secondary study will not qualify for Youth Allowance.

Chapters 15 and 32 have been changed to incorporate these new changes. 

Teenage parents

From 1 January 2012 new applicants for Parenting Payment who live in certain areas and are 19 years or under with a child six months or older will be required to attend meetings with Centrelink and enter into an Employment Pathway Plan. The Plan is to start when their child turns one.

These areas are: Playford (SA), Rockhampton (Qld), Hume (Vic), Burnie (Tas), Bankstown (NSW), Wyong (NSW), Logan (Qld), Kwinana (WA), Greater Shepparton (Vic), Shellharbour (NSW).

Payments could be suspended where a person fails to attend the appointment with Centrelink, enter into or fulfil their plan.

Chapter 18 details the participation requirements generally for Parenting Payment, including this new requirement.

Spouses sponsored to come to Australia – restriction on Special Benefit

Provisional partner visa holders were previously able to receive Special Benefit without a two year waiting period on the basis of being a family member of a person who has been an Australian permanent resident for the past two years.

As of 1 January 2012 this will cease.

After this date, these visa holders will only be able to receive Special Benefit where they are in financial hardship and have had a substantial change in circumstances beyond their control.

Chapter 19 details the qualification criteria for Special Benefit generally and incorporates this new change.

Disability Support Pension – new impairment tables

From 1 January 2012 new impairment tables will be used to assess the number of points a person scores for Disability Support Pension. The new tables are available for examination at:

Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011

The new tables will apply from 1 January 2012 to new applicants and to any existing recipient who is the subject of a review.

Chapter 25 concerning Disability Support Pension details the qualification criteria for Disability Support Pension and a person’s rights in relation to the new impairment tables.

Payment in lieu of notice

Payment in lieu of notice will now be counted for a person’s income maintenance period. This increases the time that a person who has received payment in lieu of notice is expected to wait before starting to receive payments after leaving a job.

For details about waiting periods, including the income maintenance period, see Chapter 8.

New International Social Security Agreement

A new social security Agreement was signed on 7 September 2011 with Latvia and is expected to commence in the second half of 2012. Other social security agreements which have been signed during 2011 and are expected to commence in 2012 include with Hungary and the Slovak Republic.

For details about current International Agreements, see Chapter 47.

Changes to social security and family assistance rates and means tests

There were a number of changes to rates and means tests effective 1 January 2012 including changes to:

·        fortnightly payment amounts for Family Tax Benefit Part A, Youth Allowance, Austudy, Disability Support Pension (under 21 years), Double Orphan Pension and Carer Allowance;

·        personal income limits for Youth Allowance, Austudy and Disability Support Pension (under 21 years);

·        The parental income test and the family asset limit for Youth Allowance;

·        The care receivers income and asset limits for Carer Payment;

·        Pharmaceutical Allowance rates and Mobility Allowance rates

·        Permissible child earning limits for a young person to still be considered a dependent child; and,

·        a reduction in relocation and start-up scholarship amounts. 

These changes are found throughout the Handbook.

Next Update

The next Update will be published in March 2012.

Special acknowledgements

The publication of the Independent Social Security Handbook ONLINE and each quarterly update would not be possible without the knowledge, commitment and contributions of the staff of the Welfare Rights Centre, Sydney. Whilst the bulk of the research and drafting work is completed by the Handbook Researcher, Katie Wrigley, the Centre’s staff – Lee Hansen, Matthew Butt, Danny Shaw, Cass Wong, Carolyn Odgers, Amie Meers, and Gerard Thomas, make invaluable contributions to the content of Updates. The Centre’s Office Manager, Catalina Loyola, is responsible for design and production of the publication.

Maree O’Halloran
Editor
The Independent Social Security Handbook
Director, Welfare Rights Centre

ISBN 1 86403 125 5
Copyright © 2001 Welfare Rights Centre Ltd,
 Sydney
www.welfarerights.org.au

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