{"id":"C2008A00143","name":"Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008","slug":"families-housing-community-services-and-indigenous-affairs-and-other-legislation-amendment-further-2","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"143 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8085,"registerId":"commonwealth-C2008A00143-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nFamilies, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008\n\n \n\nNo. 143, 2008\n\n \n\n \n\n \n\n \n\n \n\nAn Act to amend the law relating to family assistance, child support and veterans’ affairs, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedule(s)\n\nSchedule 1—Maternity immunisation allowance\n\nA New Tax System (Family Assistance) Act 1999\n\nA New Tax System (Family Assistance) (Administration) Act 1999\n\nSchedule 2—Partner service pension\n\nPart 1—Amendments commencing on Royal Assent\n\nVeterans’ Entitlements Act 1986\n\nPart 2—Amendments commencing on 1 July 2009\n\nVeterans’ Entitlements Act 1986\n\nSchedule 3—Child support\n\nPart 1—Percentage of care\n\nChild Support (Assessment) Act 1989\n\nPart 2—Publication of reasons for decisions of the Social Security Appeals Tribunal\n\nChild Support (Registration and Collection) Act 1988\n\nPart 3—Departure from assessments\n\nChild Support (Assessment) Act 1989\n\nPart 4—Terminating events\n\nChild Support (Assessment) Act 1989\n\nPart 5—Reducing rate of child support under minimum annual rate assessments\n\nChild Support (Assessment) Act 1989\n\nPart 6—Overseas liabilities\n\nChild Support (Assessment) Act 1989\n\nChild Support (Registration and Collection) Act 1988\n\nPart 7—Crediting prescribed payments\n\nChild Support (Registration and Collection) Act 1988\n\n![](image.001.png)\n\n \n\n \n\nFamilies, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008\n\nNo. 143, 2008\n\n \n\n \n\n \n\nAn Act to amend the law relating to family assistance, child support and veterans’ affairs, and for related purposes\n\n[Assented to 9 December 2008]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act may be cited as the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008.\n\n2  Commencement\n\n (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.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provision(s) Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 9 December 2008\n- 2. Schedule 1, items 1 and 2 1 January 2009. 1 January 2009\n- 3. Schedule 1, item 3 Immediately after the commencement of Part 1 of Schedule 2 to the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008. 1 January 2009\n- 4. Schedule 1, items 4 to 14 1 January 2009. 1 January 2009\n- 5. Schedule 2, Part 1 The day on which this Act receives the Royal Assent. 9 December 2008\n- 6. Schedule 2, Part 2 1 July 2009. 1 July 2009\n- 8. Schedule 3, Part 1 The 28th day after the day on which this Act receives the Royal Assent. 6 January 2009\n- 9. Schedule 3, Part 2 The day after this Act receives the Royal Assent. 10 December 2008\n- 10. Schedule 3, Parts 3 to 5 The 28th day after the day on which this Act receives the Royal Assent. 6 January 2009\n- 11. Schedule 3, Part 6 The day after this Act receives the Royal Assent. 10 December 2008\n- 12. Schedule 3, Part 7 The 28th day after the day on which this Act receives the Royal Assent. 6 January 2009\n\n\nNote: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n3  Schedule(s)\n\n  Each Act 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.\n\n\n\n\nSchedule 1—Maternity immunisation allowance\n\n \n\nA New Tax System (Family Assistance) Act 1999\n\n1  Subsection 39(1)\n\nOmit “3”, substitute “7”.\n\nNote: The heading to subsection 39(2) is replaced by the heading “Usual case”.\n\n2  After subsection 39(2)\n\nInsert:\n\n (2A) Second, an individual is eligible for maternity immunisation allowance in respect of a child who is alive at the end of 4 years after the date of the child’s birth if:\n\n (a) the Secretary is satisfied that the child meets the immunisation requirements set out in section 6 on any day before the child turns 5; and\n\n (b) the child is an FTB child of the individual; and\n\n (c) on the later of the following days:\n\n (i) the day the child turned 4;\n\n (ii) the earliest day to which paragraph (a) applies;\n\n  the individual either:\n\n (iii) is eligible for family tax benefit in respect of the FTB child; or\n\n (iv) would be so eligible except that the individual’s rate of family tax benefit, worked out under Division 1 of Part 4, is nil.\n\n3  Subsection 39(3)\n\nOmit “Second”, substitute “Third”.\n\n4  Subsection 39(4)\n\nOmit “Third”, substitute “Fourth”.\n\nNote: The heading to subsection 39(4) is altered by omitting “2” and substituting “5”.\n\n5  Subsection 39(4)\n\nOmit “2”, substitute “5”.\n\n6  At the end of section 39\n\nAdd:\n\nAdoption of children born outside Australia\n\n (5) Fifth, an individual is eligible for maternity immunisation allowance in respect of a child if:\n\n (a) the child is born outside Australia; and\n\n (b) either:\n\n (i) while the child is outside Australia, the child is adopted under the law of any place (whether in Australia or not) relating to the adoption of children (whether or not the child is adopted by the individual); or\n\n (ii) the child is in the process of being adopted under the law of any place (whether in Australia or not) relating to the adoption of children (whether or not the child is to be adopted by the individual); and\n\n (c) as part of the process for the adoption of the child, the child is entrusted to the care of a person adopting the child by an authorised party; and\n\n (d) either:\n\n (i) if subparagraph (b)(i) applies—the child arrives in Australia from overseas after the adoption takes place and the child so arrives on the day the child turns 3 or an earlier day; or\n\n (ii) if subparagraph (b)(ii) applies—the child arrives in Australia from overseas as part of the process for the adoption of the child and the child so arrives on the day the child turns 3 or an earlier day; and\n\n (e) the Secretary is satisfied that the child meets the immunisation requirements set out in section 6 on or after the day the child turns 18 months and before the day the child turns 4; and\n\n (f) on the earliest day to which paragraph (e) applies:\n\n (i) the child is an FTB child of the individual; and\n\n (ii) the individual is eligible for family tax benefit in respect of the FTB child or would be so eligible except that the individual’s rate of family tax benefit, worked out under Division 1 of Part 4, is nil.\n\n (6) Sixth, an individual is eligible for maternity immunisation allowance in respect of a child if:\n\n (a) the child is born outside Australia; and\n\n (b) either:\n\n (i) while the child is outside Australia, the child is adopted under the law of any place (whether in Australia or not) relating to the adoption of children (whether or not the child is adopted by the individual); or\n\n (ii) the child is in the process of being adopted under the law of any place (whether in Australia or not) relating to the adoption of children (whether or not the child is to be adopted by the individual); and\n\n (c) as part of the process for the adoption of the child, the child is entrusted to the care of a person adopting the child by an authorised party; and\n\n (d) either:\n\n (i) if subparagraph (b)(i) applies—the child arrives in Australia from overseas after the adoption takes place and the child so arrives on a day that is after the child turns 3 and before the child turns 16; or\n\n (ii) if subparagraph (b)(ii) applies—the child arrives in Australia from overseas as part of the process for the adoption of the child and the child so arrives on a day that is after the child turns 3 and before the child turns 16; and\n\n (e) either subsection (7) or (8) is satisfied.\n\n (7) This subsection is satisfied if:\n\n (a) the Secretary is satisfied that the child meets the immunisation requirements set out in section 6 on any day within the last 6 months of the period of 2 years beginning on the day of the arrival mentioned in paragraph (6)(d); and\n\n (b) on the earliest day to which paragraph (a) applies:\n\n (i) the child is an FTB child of the individual; and\n\n (ii) the individual is eligible for family tax benefit in respect of the FTB child or would be so eligible except that the individual’s rate of family tax benefit, worked out under Division 1 of Part 4, is nil.\n\n (8) This subsection is satisfied if the child dies within the period of 2 years beginning on the day of the arrival mentioned in paragraph (6)(d), and on the day of the child’s death:\n\n (a) the child is an FTB child of the individual; and\n\n (b) the individual is eligible for family tax benefit in respect of the FTB child or would be so eligible except that the individual’s rate of family tax benefit, worked out under Division 1 of Part 4, is nil.\n\n (9) Seventh, an individual is eligible for maternity immunisation allowance in respect of a child if:\n\n (a) the child is born outside Australia; and\n\n (b) either:\n\n (i) while the child is outside Australia, the child is adopted under the law of any place (whether in Australia or not) relating to the adoption of children (whether or not the child is adopted by the individual); or\n\n (ii) the child is in the process of being adopted under the law of any place (whether in Australia or not) relating to the adoption of children (whether or not the child is to be adopted by the individual); and\n\n (c) as part of the process for the adoption of the child and while the child is outside Australia, the child is entrusted to the care of a person adopting the child by an authorised party; and\n\n (d) the child dies before turning 16; and\n\n (e) the child has not arrived in Australia from overseas after the child is entrusted to care as mentioned in paragraph (c); and\n\n (f) on the day of the child’s death:\n\n (i) the child is an FTB child of the individual; and\n\n (ii) the individual is eligible for family tax benefit in respect of the FTB child or would be so eligible except that the individual’s rate of family tax benefit, worked out under Division 1 of Part 4, is nil.\n\n (10) For the purposes of paragraphs (7)(b), (8)(a) and (b) and (9)(f), the following provisions are to be disregarded:\n\n (a) paragraph (a) of item 1 of the table in subsection 22A(1);\n\n (b) paragraphs (a) and (c) of item 2 of that table;\n\n (c) item 3 of that table.\n\nNote: Section 22A sets out exceptions to when an individual can be an FTB child of another individual. This subsection removes some of those exceptions.\n\n7  Section 67\n\nOmit “The”, substitute “(1) Subject to this section, the”.\n\n8  At the end of section 67\n\nAdd:\n\nHalf‑amount\n\n (2) Subject to this section, the amount of maternity immunisation allowance in respect of a child is half of the amount under subsection (1) if:\n\n (a) the Secretary determines that an individual is entitled to be paid the allowance for the child based on eligibility for the allowance under subsection 39(2), (2A) or (5) or section 40 (so far as it relates to that subsection); or\n\n (b) both of the following apply:\n\n (i) the Secretary determines that an individual is entitled to be paid the allowance for the child based on eligibility for the allowance under subsection 39(4) or section 40 (so far as it relates to that subsection);\n\n (ii) before that determination, the Secretary had determined that an amount of the allowance under this subsection was to be paid in respect of the child based on eligibility for the allowance under subsection 39(2) or (5) or section 40 (so far as it relates to subsection 39(2) or (5)).\n\nException\n\n (3) Subsection (2) does not apply if:\n\n (a) the Secretary determines that an individual is entitled to be paid maternity immunisation allowance for a child based on eligibility for the allowance under subsection 39(2A) or section 40 (so far as it relates to that subsection); and\n\n (b) before that determination:\n\n (i) the Secretary had not determined that maternity immunisation allowance, based on eligibility for the allowance under subsection 39(2) or section 40 (so far as it relates to that subsection), was to be paid in respect of the child; and\n\n (ii) the Secretary had not determined that maternity immunisation allowance, based on eligibility for the allowance under subsection 39(5) or section 40 (so far as it relates to that subsection), was to be paid in respect of the child.\n\nMaximum amount of maternity immunisation allowance\n\n (4) If:\n\n (a) one amount of maternity immunisation allowance under subsection (1) has been paid in respect of a child; or\n\n (b) 2 amounts of maternity immunisation allowance under subsection (2) have been paid in respect of a child;\n\nno further amount of maternity immunisation allowance is to be paid in respect of the child.\n\n (5) If the Secretary determines that an individual is entitled to be paid maternity immunisation allowance for a child based on eligibility for the allowance:\n\n (a) under either of subsections 39(2) and (5); or\n\n (b) under section 40 (so far as it relates to either of those subsections);\n\nno amount of the allowance is to be paid for the child based on eligibility for the allowance under the other of those subsections or under section 40 (so far as it relates to the other of those subsections).\n\n9  Paragraph 68(a)\n\nOmit “subsection 39(2) or (4)”, substitute “subsection 39(2), (2A), (4), (5), (6) or (9)”.\n\nA New Tax System (Family Assistance) (Administration) Act 1999\n\n10  Subsection 39(4)\n\nRepeal the subsection, substitute:\n\n“Normal circumstances” maternity immunisation allowance claim\n\n (4) A claim for payment of maternity immunisation allowance in normal circumstances is not effective if it is made after the time specified in the following table:\n\n \n\n- Normal circumstances maternity immunisation allowance claim\n- Item If the claim is based on eligibility for the allowance under: the claim is not effective if it is made after:\n- 1 Subsection 39(2) of the Family Assistance Act 2 years after the birth of the child\n- 2 Subsection 39(2A) of the Family Assistance Act 5 years after the birth of the child\n- 3 Subsection 39(3) of the Family Assistance Act 5 years after the delivery of the child\n- 4 Subsection 39(4) of the Family Assistance Act the later of:(a) 2 years after the death of the child; and(b) 5 years after the birth of the child\n- 5 Subsection 39(5) of the Family Assistance Act 4 years after the birth of the child\n- 6 Subsection 39(6) of the Family Assistance Act (a) if subsection 39(7) of that Act applies—2 years beginning on the day of the arrival mentioned in paragraph 39(6)(d) of that Act; or(b) if subsection 39(8) of that Act applies—2 years after the death of the child\n- 7 Subsection 39(9) of the Family Assistance Act the later of:(a) 2 years after the death of the child; and(b) 5 years after the birth of the child\n\n\n11  Subsections 41(5) and (6)\n\nRepeal the subsections, substitute:\n\nDeferral of “normal circumstances” maternity immunisation allowance determination because of ineligibility\n\n (5) If:\n\n (a) the claim is one for payment of maternity immunisation allowance in normal circumstances, based on eligibility for the allowance under subsection 39(2), (2A) or (5) of the Family Assistance Act, or subsection 39(6) of that Act (where subsection 39(7) of that Act applies), in respect of a child; and\n\n (b) at the time the determination would otherwise be made on the claim:\n\n (i) the claimant is not eligible for maternity immunisation allowance under subsection 39(2), (2A), (5) or (6) of that Act in respect of the child; and\n\n (ii) the child is an FTB child of the claimant; and\n\n (iii) the claimant is eligible for family tax benefit in respect of the child or would be so eligible except that the claimant’s rate of family tax benefit, worked out under Division 1 of Part 4 of the Family Assistance Act, is nil;\n\nthe Secretary must not determine the claim until after the time mentioned in subsection (6).\n\n (6) The time for the purposes of subsection (5) is:\n\n (a) if the claim is based on eligibility for the allowance under subsection 39(2) of the Family Assistance Act:\n\n (i) if the claimant becomes eligible for maternity immunisation allowance under subsection 39(2) of that Act in respect of the child before the end of 2 years after the child was born—the time when the claimant becomes so eligible; or\n\n (ii) in any other case—2 years after the child was born; or\n\n (b) if the claim is based on eligibility for the allowance under subsection 39(2A) of the Family Assistance Act:\n\n (i) if the claimant becomes eligible for maternity immunisation allowance under subsection 39(2A) of that Act in respect of the child before the end of 5 years after the child was born—the time when the claimant becomes so eligible; or\n\n (ii) in any other case—5 years after the child was born; or\n\n (c) if the claim is based on eligibility for the allowance under subsection 39(5) of the Family Assistance Act:\n\n (i) if the claimant becomes eligible for maternity immunisation allowance under subsection 39(5) of that Act in respect of the child before the end of 4 years after the child was born—the time when the claimant becomes so eligible; or\n\n (ii) in any other case—4 years after the child was born; or\n\n (d) if the claim is based on eligibility for the allowance under subsection 39(6) of the Family Assistance Act (where subsection 39(7) of that Act applies):\n\n (i) if the claimant becomes eligible for maternity immunisation allowance under subsection 39(6) of that Act (where subsection 39(7) of that Act applies) in respect of the child before the end of 2 years beginning on the day of the arrival mentioned in paragraph 39(6)(d) of that Act—the time when the claimant becomes so eligible; or\n\n (ii) in any other case—2 years beginning on the day of the arrival mentioned in paragraph 39(6)(d) of that Act.\n\n (7) If the claim is one for payment of maternity immunisation allowance in normal circumstances, based on eligibility for the allowance under subsection 39(6) of the Family Assistance Act (where subsection 39(7) of that Act applies), then, for the purposes of subparagraphs (5)(b)(ii) and (iii) of this section, the following provisions are to be disregarded:\n\n (a) paragraph (a) of item 1 of the table in subsection 22A(1) of the Family Assistance Act;\n\n (b) paragraphs (a) and (c) of item 2 of that table;\n\n (c) item 3 of that table.\n\nNote: Section 22A of the Family Assistance Act sets out exceptions to when an individual can be an FTB child of another individual. This subsection removes some of those exceptions.\n\n12  Application and transitional—eligibility for maternity immunisation allowance\n\nUsual case\n\n(1) Subsection 39(2A) of the A New Tax System (Family Assistance) Act 1999 applies in relation to:\n\n (a) children born on or after the commencement of this item; and\n\n (b) children born before the commencement of this item, other than children in respect of whom the Secretary had determined, before that commencement, maternity immunisation allowance was to be paid, based on eligibility for the allowance under subsection 39(2) of that Act or section 40 of that Act (so far as it relates to that subsection).\n\nChild dies within 5 years of birth\n\n(2) The amendment made by item 5 applies in relation to deaths occurring on or after the commencement of that item.\n\nAdoption of children born outside Australia\n\n(3) Subsections 39(5) and (6) of the A New Tax System (Family Assistance) Act 1999 apply in relation to:\n\n (a) processes for adoptions beginning before, on or after the commencement of this item; and\n\n (b) arrivals in Australia occurring on or after 1 July 2006.\n\n(4) Paragraph 39(5)(e) of the A New Tax System (Family Assistance) Act 1999 applies in relation to a child arriving in Australia on or after 1 July 2006 and before 1 January 2009 as if the reference in that paragraph to “the day the child turns 4” were a reference to “1 January 2011”.\n\n(5) Subsection 39(6) of the A New Tax System (Family Assistance) Act 1999, insofar as it relates to subsection 39(8) of that Act, applies as if a reference in subparagraphs 39(6)(d)(i) and (ii) of that Act to “the child so arrives on a day that is after the child turns 3 and before the child turns 16” included a reference to “the child so arrives on or after 1 July 2006 and before 1 January 2009 and so arrives on the day the child turns 3 or an earlier day”.\n\n(6) Paragraph 39(7)(a) of the A New Tax System (Family Assistance) Act 1999 applies in relation to a child arriving in Australia on or after 1 July 2006 and before 1 January 2009 as if the reference in that paragraph to “within the last 6 months of the period of 2 years beginning on the day of the arrival mentioned in paragraph (6)(d)” were a reference to “that is at least 18 months after the day of the arrival mentioned in paragraph (6)(d) and is before 1 January 2011”.\n\n(7) Subsection 39(8) of the A New Tax System (Family Assistance) Act 1999 applies in relation to a child arriving in Australia on or after 1 July 2006 and before 1 January 2009 as if the reference in that subsection to “within the period of 2 years beginning on the day of the arrival mentioned in paragraph (6)(d)” were a reference to “before 1 January 2011”.\n\n(8) Subsection 39(9) of the A New Tax System (Family Assistance) Act 1999 applies in relation to:\n\n (a) processes for adoptions beginning before, on or after the commencement of this item; and\n\n (b) deaths occurring on or after 1 July 2006.\n\n13  Application and transitional—amount of maternity immunisation allowance\n\n(1) Paragraph 67(2)(a) of the A New Tax System (Family Assistance) Act 1999, to the extent it relates to subsection 39(2) of that Act or section 40 of that Act (so far as it relates to subsection 39(2) of that Act) applies in relation to:\n\n (a) claims for payment of maternity immunisation allowance made on or after the commencement of this item; and\n\n (b) claims for payment of maternity immunisation allowance made before that commencement that had not been determined by the Secretary before that commencement.\n\n(2) If:\n\n (a) the Secretary determines that an individual is entitled to be paid maternity immunisation allowance for a child based on eligibility for the allowance under subsection 39(5) of the A New Tax System (Family Assistance) Act 1999 or section 40 of that Act (so far as it relates to that subsection); and\n\n (b) the day of the arrival mentioned in paragraph 39(5)(d) of that Act was before 1 January 2009;\n\nthen:\n\n (c) the amount of the allowance in respect of the child is the amount under subsection 67(1) of that Act; and\n\n (d) paragraph 67(4)(a) of that Act is taken to be satisfied in relation to that amount.\n\n(3) If, before the commencement of this item, the Secretary determined that an amount of maternity immunisation allowance under section 67 of the A New Tax System (Family Assistance) Act 1999 was to be paid in respect of a child, no further amount of maternity immunisation allowance is to be paid in respect of the child after that commencement.\n\n14  Application and transitional—claims for maternity immunisation allowance\n\n(1) If:\n\n (a) an individual made a claim for maternity immunisation allowance before the commencement of this item based on eligibility for the allowance under subsection 39(2) of the A New Tax System (Family Assistance) Act 1999; and\n\n (b) the claim had not been determined by the Secretary before that commencement;\n\nthe individual is also taken to have made a claim for maternity immunisation allowance, based on eligibility for the allowance under subsection 39(2A) of the A New Tax System (Family Assistance) Act 1999, on 1 January 2009.\n\n(2) If:\n\n (a) an individual:\n\n (i) is eligible for maternity immunisation allowance under subsection 39(5) or (6) of the A New Tax System (Family Assistance) Act 1999 in respect of an arrival in Australia that occurred before 1 January 2009; or\n\n (ii) is eligible for maternity immunisation allowance under subsection 39(9) of the A New Tax System (Family Assistance) Act 1999 in respect of a death that occurred before 1 January 2009; and\n\n (b) the individual makes a claim for the allowance before 1 January 2011; and\n\n (c) apart from this subitem, subsection 39(4) of the A New Tax System (Family Assistance) (Administration) Act 1999 would apply to make the claim not effective;\n\nthen subsection 39(4) of the A New Tax System (Family Assistance) (Administration) Act 1999 does not apply in relation to the claim.\n\n(3) The amendment made by item 10 applies in relation to claims for payment of maternity immunisation allowance made on or after the commencement of that item.\n\n(4) The amendment made by item 11 applies in relation to:\n\n (a) claims for payment of maternity immunisation allowance made on or after the commencement of that item; and\n\n (b) claims for payment of maternity immunisation allowance made before that commencement that had not been determined by the Secretary before that commencement.\n\n\n\n\nSchedule 2—Partner service pension\n\nPart 1—Amendments commencing on Royal Assent\n\nVeterans’ Entitlements Act 1986\n\n1  Paragraphs 38(1B)(a) and (b)\n\nRepeal the paragraphs, substitute:\n\n (a) has a dependent child when he or she makes a claim for the pension; or\n\n (b) if subsection (1BA) applies in relation to the person—has reached 50 years of age; or\n\n (c) has reached qualifying age.\n\n2  After subsection 38(1B)\n\nInsert:\n\n (1BA) This subsection applies in relation to a person if:\n\n (a) paragraph (1)(a) or (f) applies in relation to the person; and\n\n (b) one of the following applies:\n\n (i) the veteran concerned is a veteran to whom subsection 22(4) or section 23 or 25 applies;\n\n (ii) the veteran concerned is a veteran to whom section 22 applies who is in receipt of a pension the rate of which has been increased because the pension is in respect of an incapacity described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1);\n\n (iii) the veteran concerned suffers an impairment (within the meaning of the MRCA) and the Military Rehabilitation and Compensation Commission has determined under Part 2 of Chapter 4 of the MRCA that the impairment constitutes at least 80 impairment points (within the meaning of the MRCA).\n\n3  Application\n\nThe amendments made by items 1 and 2 apply in relation to claims for partner service pension made on or after the commencement of those items.\n\n\n\n\nPart 2—Amendments commencing on 1 July 2009\n\nVeterans’ Entitlements Act 1986\n\n4  Subsection 38(1)\n\nOmit “subsections (1B) and (4)”, substitute “this section”.\n\n5  After subsection 38(2A)\n\nInsert:\n\n (2AB) A person’s eligibility under paragraph (1)(b) or (g) ceases at the end of the period of 12 months beginning on the first day on which the person was living separately and apart from the veteran concerned on a permanent basis.\n\n (2AC) A person’s eligibility under paragraph (1)(b) or (g) does not cease under subsection (2AB) if:\n\n (a) the person has reached pension age; or\n\n (b) the circumstances specified under subsection (2AD) exist in relation to the person.\n\nNote: For pension age see section 5Q.\n\n (2AD) The Commission may, by legislative instrument, specify circumstances for the purposes of paragraph (2AC)(b).\n\n6  Paragraph 38(2B)(c)\n\nAfter “(2A)”, insert “or (2AB)”.\n\n7  Application\n\n(1) Subsection 38(2AB) of the Veterans’ Entitlements Act 1986, as inserted by this Act, applies in relation to a person living separately and apart from a veteran before, on or after the commencement of this item.\n\n(2) However, if the period of 12 months referred to in that subsection ended before the commencement of this item, the person’s eligibility under paragraph 38(1)(b) or (g) of that Act does not cease under that subsection until the commencement of this item (despite that subsection).\n\nNote: The person’s eligibility does not cease under that subsection in certain circumstances: see subsection 38(2AC) of that Act.\n\n\n\n\nSchedule 3—Child support\n\nPart 1—Percentage of care\n\nChild Support (Assessment) Act 1989\n\n1  Paragraph 48(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) if one of the following events occurs:\n\n (i) there is a change of less than 7.1% in the percentage of care for the child that the person has because of an agreement, plan or order mentioned in paragraph 49(a) or (b) (including a variation of such an agreement, plan or order);\n\n (ii) there is a change of at least 7.1% in the percentage of care for the child that the person has, and the change alters the person’s cost percentage for the child;\n\n (iii) the person’s percentage of care for the child falls below 14%;\n\n (iv) the person’s percentage of care for the child increases to 14%, or above 14%;\n\n (v) the person’s percentage of care for the child falls below 35%;\n\n (vi) the person’s percentage of care for the child increases to 35%, or above 35%;\n\n  whichever of the following days is applicable:\n\n (vii) if the Registrar is notified, or otherwise becomes aware, of the event within 28 days after the day on which the event occurs—the day on which the event occurs;\n\n (viii) in any other case—the day on which the Registrar is notified, or otherwise becomes aware, of the event; or\n\n2  At the end of section 52\n\nAdd:\n\n (5) However, the Registrar is not required to review a determination as mentioned in subsection (4) if the Registrar is satisfied that there are special circumstances that justify the Registrar in not doing so.\n\n3  Before subparagraph 74A(b)(i)\n\nInsert:\n\n (ia) a person’s percentage of care for the child has changed by less than 7.1%, and the change is because of an agreement, plan or order mentioned in paragraph 49(a) or (b) (including a variation of such an agreement, plan or order); or\n\n4  Subparagraph 74A(b)(i)\n\nOmit “affects the annual rate of child support payable for the child”, substitute “alters the person’s cost percentage for the child”.\n\n5  Subparagraph 74A(b)(iii)\n\nOmit “14%; and”, substitute “14%; or”.\n\n6  At the end of paragraph 74A(b)\n\nAdd:\n\n (iv) a person’s percentage of care for the child has fallen below 35%; or\n\n (v) a person’s percentage of care for the child has increased to 35%, or above 35%; and\n\n7  Section 74A\n\nOmit “on and from the day the Registrar was notified, or otherwise became aware, of the change of percentage referred to in paragraph (b).”, substitute:\n\non and from whichever of the following days is applicable:\n\n (e) if the Registrar is notified, or otherwise becomes aware, of the change of percentage referred to in paragraph (b) within 28 days after the day on which the change occurs—the day on which the change occurs;\n\n (f) in any other case—the day on which the Registrar is notified, or otherwise becomes aware, of the change of percentage referred to in paragraph (b).\n\n8  Before paragraph 75(2)(a)\n\nInsert:\n\n (aa) the change to the person’s percentage of care is less than 7.1%, and the change is because of an agreement, plan or order mentioned in paragraph 49(a) or (b) (including a variation of such an agreement, plan or order); or\n\n9  Paragraph 75(2)(a)\n\nOmit “affects the annual rate of child support payable for the child”, substitute “alters the person’s cost percentage for the child”.\n\n10  After paragraph 75(2)(c)\n\nInsert:\n\n (ca) the person’s percentage of care falls below 35%; or\n\n (cb) the person’s percentage of care increases to 35%, or above 35%; or\n\n11  Application and transitional\n\n(1) The amendments made by items 1 and 3 to 10 apply in relation to changes in percentages of care that occur on or after 1 July 2008.\n\n(2) Subparagraphs 48(1)(b)(i) and 74A(b)(ia) and paragraph 75(2)(aa) of the Child Support (Assessment) Act 1989, as inserted by this Act, apply in relation to:\n\n (a) agreements, plans or orders made on or after 1 July 2008; and\n\n (b) variations, occurring on or after 1 July 2008, of agreements, plans or orders made on or after 1 July 2008.\n\n(3) If:\n\n (a) a change in percentage of care mentioned in subitem (1) occurred before the commencement of this item; and\n\n (b) as a result of that change, an assessment is amended under section 75 of the Child Support (Assessment) Act 1989;\n\nthe amendment cannot take effect earlier than the commencement of this item.\n\n(4) The amendment made by item 2 applies in relation to determinations made on or after the commencement of that item.\n\n\n\n\nPart 2—Publication of reasons for decisions of the Social Security Appeals Tribunal\n\nChild Support (Registration and Collection) Act 1988\n\n12  After subsection 16(2A)\n\nInsert:\n\n (2AA) Subsection (2) does not prevent:\n\n (a) the SSAT from communicating the reasons for a decision of the SSAT under Part VIIA to the Secretary or a person authorised by the Secretary; or\n\n (b) the Secretary from communicating the reasons for a decision of the SSAT under Part VIIA to a person authorised by the Secretary.\n\n (2AB) Subsection (2) does not prevent the Secretary, or a person authorised by the Secretary, from publishing in written or electronic form the reasons for a decision of the SSAT under Part VIIA if the publication does not identify:\n\n (a) a party to the proceedings concerned (other than the Registrar); or\n\n (b) a person (other than the Registrar) who is related to, or associated with, a party to the proceedings concerned or is, or is alleged to be, in any other way concerned in the matter to which the proceedings concerned relate; or\n\n (c) a witness in the proceedings concerned.\n\n (2AC) Without limiting subsection (2AB), a publication of reasons for a decision of the SSAT under Part VIIA is taken to identify a person if it contains any particulars of:\n\n (a) the name, title, pseudonym or alias of the person; or\n\n (b) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or\n\n (c) the physical description or the style of dress of the person; or\n\n (d) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or\n\n (e) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or\n\n (f) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or\n\n (g) any real or personal property in which the person has an interest or with which the person is otherwise associated;\n\nand the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the publication is disseminated, as the case requires.\n\n13  Application\n\nThe amendment made by item 12 applies in relation to decisions of the SSAT made before, on or after the commencement of that item.\n\n\n\n\nPart 3—Departure from assessments\n\nChild Support (Assessment) Act 1989\n\n14  Paragraph 80E(1)(d)\n\nRepeal the paragraph, substitute:\n\n (d) either:\n\n (i) it meets the conditions in subsection (2), (3) or (4), as the case requires, (assuming the agreement is accepted by the Registrar); or\n\n (ii) it has been accepted by the Registrar under section 98U.\n\n15  Paragraph 98C(2)(b)\n\nOmit “and (3B)”, substitute “to (3C)”.\n\n16  After subsection 98U(1)\n\nInsert:\n\n (1A) In working out whether an agreement is a limited child support agreement for the purposes of subsection (1), disregard:\n\n (a) paragraph 80E(1)(d); and\n\n (b) subsections 80E(2) to (5).\n\n17  Subsection 98U(2)\n\nRepeal the subsection, substitute:\n\n (2) For an agreement (other than a binding child support agreement), the Registrar must not accept the agreement unless he or she is also satisfied that it would be just and equitable, as regards the child, the liable parent and the carer entitled to child support, to accept the agreement.\n\n18  Paragraph 117(3A)(a)\n\nOmit “the carer entitled to child support”, substitute “a parent or a non‑parent carer”.\n\n19  Paragraph 117(3A)(b)\n\nOmit “period; and”, substitute “period.”.\n\n20  Paragraph 117(3A)(c)\n\nRepeal the paragraph.\n\n21  Subsection 117(3B)\n\nAfter “care costs”, insert “for a parent”.\n\n22  Paragraph 117(3B)(a)\n\nOmit “carer’s”, substitute “parent’s”.\n\n23  After subsection 117(3B)\n\nInsert:\n\n (3C) Child care costs for a non‑parent carer can only be high for the purposes of subparagraph (2)(b)(ib) if, during a child support period, they total at least 25% of the costs of the child for that period.\n\n24  Paragraph 136(1)(a)\n\nAfter “section 92”, insert “or 98U”.\n\n25  At the end of section 146D\n\nAdd:\n\n (3) If:\n\n (a) an application (the original application) is made under section 98B in relation to an administrative assessment; and\n\n (b) before the Registrar decides the application, the Registrar accepts an agreement under section 98U that is entered into by the parties to the proceedings concerned; and\n\n (c) a provisional notional assessment is made because of section 34B applying as mentioned in paragraph 98U(4)(a);\n\nthen the original application is taken to be an application made under subsection (1) of this section.\n\n26  Application\n\n(1) The amendment made by item 15 applies in relation to applications to the Registrar made on or after the commencement of that item.\n\n(2) The amendments made by items 16 and 17 apply in relation to requests made, after the commencement of those items, to the Registrar for acceptance of agreements (regardless of whether the agreements are made before, on or after the commencement of those items).\n\n(3) The amendments made by items 18 to 23 apply in relation to applications to a court made on or after the commencement of those items.\n\n(4) The amendment made by item 24 applies in relation to agreements accepted before, on or after the commencement of that item.\n\n(5) The amendment made by item 25 applies in relation to an agreement accepted on or after the commencement of that item (regardless of whether the agreement was made before, on or after that commencement and regardless of whether the original application was made before, on or after that commencement).\n\n\n\n\nPart 4—Terminating events\n\nChild Support (Assessment) Act 1989\n\n27  Subsection 12(2)\n\nRepeal the subsection, substitute:\n\n (2) A child support terminating event happens in relation to a person who is a carer entitled to child support in relation to a child if the person dies.\n\n28  After subsection 12(2)\n\nInsert:\n\n (2AA) A child support terminating event happens in relation to a child if:\n\n (a) both of the parents of the child are not eligible carers of the child; and\n\n (b) there are no non‑parent carers entitled to be paid child support in relation to the child.\n\n29  Application\n\nThe amendments made by items 27 and 28 apply in relation to a child support terminating event that happens on or after the commencement of those items.\n\n\n\n\nPart 5—Reducing rate of child support under minimum annual rate assessments\n\nChild Support (Assessment) Act 1989\n\n30  Subsections 66A(1) to (3)\n\nRepeal the subsections, substitute:\n\n (1) If the Registrar has made an assessment under section 66 in respect of the annual rate of child support payable by a parent for all the children in a child support case for a day in a child support period, the Registrar may, on an application made by the parent that:\n\n (a) is in accordance with the regulations; and\n\n (b) either:\n\n (i) nominates the whole (the nominated period) of that child support period (if the first day of that child support period is the day referred to in paragraph 66(4)(a)); or\n\n (ii) nominates a part (the nominated period) of that child support period, being a part that is at least 2 months and that begins on or after the day referred to in paragraph 66(4)(a);\n\nreduce the annual rate of child support payable by the parent for those children for the nominated period to nil. This subsection is subject to subsection (3C).\n\nNote: If the Registrar refuses to grant an application under this section, the Registrar must serve a notice on the applicant under section 66C.\n\n (2) The Registrar must not grant an application under subsection (1) unless the Registrar is satisfied that the amount worked out under subsection (3) is less than the amount worked out under subsection (3A).\n\n (3) The amount for the purposes of this subsection is:\n\n![](image.002.png)\n\n (3A) The amount for the purposes of this subsection is:\n\n![](image.003.png)\n\n (3B) For the purposes of subsection (3A), a parent is taken to have a child support case if the parent is liable to pay child support for one or more children under an administrative assessment under the law of a reciprocating jurisdiction.\n\n (3C) A reduction under subsection (1) has no effect in relation to a day to which the assessment under section 66 does not apply.\n\nNote: Subsection 66(4) deals with when an assessment under section 66 applies.\n\n31  Application and saving\n\n(1) The amendment made by item 30 applies in relation to applications made on or after the day on which that item commences in respect of:\n\n (a) the whole of a child support period that begins on or after that day; or\n\n (b) a part of a child support period, being a part that begins on or after the day on which that item commences (regardless of whether the child support period begins before, on or after that day);\n\nregardless of whether the assessment was made before, on or after the day on which that item commences.\n\n(2) Subsection 66A(1) of the Child Support (Assessment) Act 1989, as inserted by this Act, does not apply in relation to a child support period if subsection 66A(1) of that Act (as in force before the commencement of this item) has applied in respect of a day in that period.\n\n(3) Regulations in force for the purposes of subsection 66A(1) of the Child Support (Assessment) Act 1989 immediately before the commencement of this item continue in force on and after that commencement as if they were regulations in force for the purposes of paragraph 66A(1)(a) of that Act.\n\n(4) Subsection 66A(3B) of the Child Support (Assessment) Act 1989, as inserted by this Act, applies in relation to administrative assessments made under laws of reciprocating jurisdictions before, on or after the commencement of this item.\n\n\n\n\nPart 6—Overseas liabilities\n\nChild Support (Assessment) Act 1989\n\n32  Section 35D\n\nBefore “The annual”, insert “(1)”.\n\n33  At the end of section 35D\n\nAdd:\n\n (2) Subsection (1) does not apply if at least one of the parents is liable to pay child support for a child under an administrative assessment under the law of a reciprocating jurisdiction.\n\n34  Section 36A\n\nBefore “The annual”, insert “(1)”.\n\n35  At the end of section 36A\n\nAdd:\n\n (2) For the purposes of paragraph (1)(b), a parent is taken to be assessed in respect of the costs of another child in another child support case if the parent is liable to pay child support for that child under an administrative assessment under the law of a reciprocating jurisdiction.\n\n36  Section 39\n\nBefore “This is”, insert “(1)”.\n\n37  At the end of section 39\n\nAdd:\n\n (2) For the purposes of steps 4, 6 and 7 of the method statement in subsection (1), a parent is taken to be assessed in respect of the costs of another child who is in another child support case if the parent is liable to pay child support for that child under an administrative assessment under the law of a reciprocating jurisdiction.\n\n38  Section 40\n\nBefore “This is”, insert “(1)”.\n\n39  At the end of section 40\n\nAdd:\n\n (2) For the purposes of steps 4, 6 and 7 of the method statement in subsection (1), a parent is taken to be assessed in respect of the costs of another child who is in another child support case if the parent is liable to pay child support for that child under an administrative assessment under the law of a reciprocating jurisdiction.\n\n40  Paragraph 40A(1)(b)\n\nOmit “section 39 or 40”, substitute “subsection 39(1) or 40(1)”.\n\n41  At the end of section 41\n\nAdd:\n\nAdministrative assessments under laws of reciprocating jurisdictions\n\n (6) Subsection (1) or (2) does not apply if the parent is liable to pay child support for a child under an administrative assessment under the law of a reciprocating jurisdiction.\n\n (7) For the purposes of paragraphs (3)(b) and (4)(b), a parent is taken to be assessed in respect of the costs of another child in another child support case if the parent is liable to pay child support for that child under an administrative assessment under the law of a reciprocating jurisdiction.\n\n42  At the end of section 55E\n\nAdd:\n\n (3) For the purposes of paragraph (1)(c), a parent is taken to be assessed for a day in respect of the costs of another child who is in another child support case if the parent is liable to pay child support for that child for the day under an administrative assessment under the law of a reciprocating jurisdiction.\n\n43  At the end of section 55G\n\nAdd:\n\n (7) For the purposes of paragraph (2)(b), a parent is taken to be assessed in respect of the costs of another child who is in another child support case if the parent is liable to pay child support for that child under an administrative assessment under the law of a reciprocating jurisdiction.\n\n44  At the end of section 55HA\n\nAdd:\n\n (7) For the purposes of paragraph (2)(b), a parent is taken to be assessed in respect of the costs of another child who is in another child support case if the parent is liable to pay child support for that child under an administrative assessment under the law of a reciprocating jurisdiction.\n\n45  After subsection 65A(4)\n\nInsert:\n\n (4A) For the purposes of subsection (4), if a parent is liable to pay child support for one or more children under an administrative assessment under the law of a reciprocating jurisdiction, then that child support is taken to be payable by the parent for those children under subsection (1).\n\n46  After subsection 66(6)\n\nInsert:\n\n (6A) For the purposes of subsection (6), if a parent is liable to pay child support for one or more children for a day under an administrative assessment under the law of a reciprocating jurisdiction, then the parent is taken to be assessed for the day in respect of the costs of children in a child support case.\n\n47  After subsection 66A(2)\n\nInsert:\n\n (2A) For the purposes of subsection (2), a parent is taken to have a child support case if the parent is liable to pay child support for one or more children under an administrative assessment under the law of a reciprocating jurisdiction.\n\n48  After subsection 76(2)\n\nInsert:\n\n (2AA) For the purposes of paragraph (2)(d), a parent is taken to have a child support case if the parent is liable to pay child support for one or more children under an administrative assessment under the law of a reciprocating jurisdiction.\n\n49  Application\n\nThe amendments made by items 32 to 39 and 41 to 48 apply in relation to administrative assessments made under laws of reciprocating jurisdictions before, on or after the commencement of those items.\n\nChild Support (Registration and Collection) Act 1988\n\n50  Subparagraph 72D(1)(c)(ii)\n\nOmit “section 17A; and”, substitute “section 17A; or”.\n\n51  At the end of paragraph 72D(1)(c)\n\nAdd:\n\n (iii) one or more child support debts arising from a registrable overseas maintenance liability under subsection 18A(1), paragraph 18A(3)(a) or subsection 18A(4) (insofar as subsection 18A(4) relates to subsection 18A(1) or paragraph 18A(3)(a)); and\n\n52  After paragraph 72D(2)(d)\n\nInsert:\n\n (da) if subparagraph (1)(c)(iii) applies:\n\n (i) the length of time for which the debts mentioned in that subparagraph have remained unpaid after the day on which they became due and payable; and\n\n (ii) the number of occasions on which the debts mentioned in that subparagraph had not been paid on or before the day on which they became due and payable;\n\n53  Paragraph 72E(a)\n\nAfter “17A”, insert “, subsection 18A(1), paragraph 18A(3)(a) or subsection 18A(4) (insofar as subsection 18A(4) relates to subsection 18A(1) or paragraph 18A(3)(a))”.\n\n54  Application\n\nThe amendments made by items 51 to 53 apply in relation to registrable overseas maintenance liabilities arising before, on or after the commencement of those items.\n\n\n\n\nPart 7—Crediting prescribed payments\n\nChild Support (Registration and Collection) Act 1988\n\n55  After paragraph 71C(1)(b)\n\nInsert:\n\n (ba) at the time the payment is made, the payer does not have at least regular care of any of the children to whom the relevant administrative assessment relates; and\n\n56  After subsection 71C(1)\n\nInsert:\n\n (2) Subsection (1) does not apply in relation to a payment (the prescribed payment) mentioned in paragraph (1)(a) if:\n\n (a) before the prescribed payment is made, the payer has provided child support to the payee in the form of a lump sum payment; and\n\n (b) the lump sum payment has been credited, or will be credited, under section 69A against all or part of the amount payable under the enforceable maintenance liability in relation to the day the prescribed payment is made.\n\n57  Application\n\n(1) The amendment made by item 55 applies in relation to payments made on or after the commencement of that item.\n\n(2) The amendment made by item 56 applies in relation to payments mentioned in paragraph 71C(1)(a) of the Child Support (Registration and Collection) Act 1988 made on or after the commencement of that item (regardless of whether the lump sum payment is made before, on or after that commencement).\n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 18 September 2008\n\nSenate on 25 September 2008]\n\n(176/08)\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act remains within the original subject‑matter indicated by its title: amendments to family assistance (maternity immunisation allowance), child support law and administration, and veterans' partner service pension arrangements. The changes expand and clarify eligibility, timing windows and administrative procedures but do not add new policy domains or shift the law’s purpose outside those core areas. In substance the Act broadens coverage and refines administrative operation rather than changing the overall statutory scope of family assistance, child support or veterans' pension law."},"complexity_factors":["57 discrete amendment items across three principal subject areas (Family Assistance, Veterans' Entitlements, Child Support) and two administration Acts","Multiple new and renumbered subsections in the A New Tax System (Family Assistance) Act 1999 (notably s 39(2A), s 39(5)–(9) and s 67 amendments) with bespoke eligibility windows and exceptions","Extensive cross‑references to other Acts and provisions (Family Assistance Act sections and tables, Veterans' Act, MRCA definitions, Child Support Assessment and Registration & Collection Acts)","Numerous conditional paths and nested exceptions (e.g. adoption arrival date conditions, subsections 39(6) with alternatives and subsections 39(7)–(9), and the special disregard of parts of s 22A)","Multiple distinct time‑limit and transitional regimes (different claim windows of 2, 4, 5 years depending on eligibility route and several transitional rules for pre‑commencement events)","Introduction of numerical thresholds and cliff triggers for child support (7.1%, 14%, 35%) across several provisions with associated timing rules","New administrative discretions (Secretary satisfaction tests, Registrar 'just and equitable' test, 'special circumstances' carve‑outs, Commission legislative instrument power) that create variable application pathways","Integration of foreign/reciprocating‑jurisdiction administrative assessments into many domestic calculations (affects many method statements and computational steps)","Addition of publication rules with identification‑risk tests (SSAT reasons) that require factual analysis to determine if a person is identifiable","Transitional and saving provisions that apply different rules depending on dates of birth, arrival, claim lodgement or decision dates"],"plain_english_summary":"**What this Act changes (mechanical summary)\n\n- Broad scope: the Act amends family assistance (maternity immunisation allowance), child support law and administration, and veterans' partner service pension rules by amending provisions in three principal Acts and related administrative law.\n\n- Maternity immunisation allowance (A New Tax System (Family Assistance) Act 1999 and its Administration Act)\n  - Extends and clarifies eligibility windows and new circumstances in which the maternity immunisation allowance can be paid (see new and renumbered subsections of section 39).  Notable changes: a new eligibility pathway where an individual can claim based on the child meeting immunisation requirements before age 5 (subsection 39(2A)); a series of new rules expressly dealing with children born overseas who are adopted and arrive in Australia (subsections 39(5)–(9)); changed numbering of earlier items (item 1).  (Schedule 1, amending s 39 and s 67.)\n  - Introduces a half‑payment rule in some cases (section 67(2)) and limits total payments so a child can only receive one full payment or two half payments (section 67(4)).\n  - Changes claim time limits and deferral rules in the Administration Act so different eligibility routes have different limitation periods (for example, claims based on subsection 39(2A) must be made within 5 years of birth) and allows the Secretary to defer determination while family tax benefit (FTB) eligibility is unresolved (A New Tax System (Family Assistance) (Administration) Act 1999, Schedule 1 items 10–11).  Transitional rules deal with pre‑existing claims and arrivals before specified dates.\n\n- Partner service pension (Veterans' Entitlements Act 1986)\n  - Adjusts eligibility criteria for partner service pension: adds that a claimant with a dependent child qualifies at first instance, and creates an option that a claimant who has reached age 50 may qualify in some cases tied to particular veteran categories; preserves qualifying‑age entitlement (Schedule 2, items 1–3).\n  - Introduces a 12‑month limit on continued eligibility for people living permanently separated from a veteran (subject to exceptions for pension age or circumstances specified by the Commission via legislative instrument) (Schedule 2, Part 2, items 4–6).\n\n- Child support (Child Support (Assessment) Act 1989 and Child Support (Registration and Collection) Act 1988)\n  - Percentage of care and review triggers: changes the events that trigger reassessment or review (introduces a 7.1% change trigger for some agreement/plan/order changes, and adds thresholds at 14% and 35% care that change application of rules) and clarifies effective dates for changes (Schedule 3, Part 1, items 1–11).  Registrar may also decline a review if there are special circumstances (new s 52(5)).\n  - Publication of reasons: allows the Social Security Appeals Tribunal (SSAT) and the Secretary to communicate and, in anonymised form, publish reasons for SSAT decisions under Part VIIA provided no person is identifiable (Schedule 3, Part 2, item 12).\n  - Departure from assessments and agreements: revises acceptance criteria for limited child support agreements, requires the Registrar to be satisfied that acceptance is “just and equitable” (s 98U amendments), adjusts what counts as high child‑care costs for non‑parent carers, and clarifies interaction with provisional notional assessments (Schedule 3, Part 3, items 14–26).\n  - Terminating events: narrows/clarifies what counts as a child support terminating event (death of the carer; also if no eligible carers remain) (Schedule 3, Part 4 items 27–29).\n  - Minimum annual rate reductions: allows a parent to apply to reduce a minimum annual rate assessment to nil for a nominated period subject to tests (new s 66A rules) (Schedule 3, Part 5 items 30–31).\n  - Overseas liabilities / reciprocating jurisdictions: expressly treats child support obligations under administrative assessments in foreign reciprocating jurisdictions as existing child support cases for many calculations (so those liabilities are counted in cost/allocation calculations and, in some places, exclude operation of domestic provisions) (Schedule 3, Part 6 items 32–49).  Also allows registrable overseas maintenance debts to be treated like domestic registrable debts (Registration & Collection Act amendments, items 50–54).\n  - Crediting prescribed payments: narrows when certain periodic payments will be credited against arrears (pays are not credited where payer lacks regular care) but allows previously made lump‑sum payments to be credited against enforceable maintenance liabilities so they can validate later prescribed payments (Schedule 3, Part 7 items 55–57).\n\nWhy these changes matter (stated purpose and operational consequences)\n\n- Official purpose claims: the amendments are presented as technical and administrative changes to better target payments, to clarify entitlement timing (especially for adopted children born overseas), to refine child support triggers and review thresholds, to enable limited publication of SSAT reasons (anonymised), and to align treatment of overseas administrative assessments from reciprocating jurisdictions with domestic calculations.\n\n- Practical implications (mechanics, who decides, who pays):\n  - Who gains: some additional groups become eligible for the maternity immunisation allowance (notably some adoptive parents of overseas‑born children and children meeting immunisation rules slightly later), and some veteran partners gain or retain access under clarified age/dependency rules; parents in reciprocating jurisdictions see their overseas administrative child support treated for domestic calculations.\n  - Who pays: those payments come from federal social expenditure (Family Assistance/Veterans budgets) and transfers under child support enforcement mechanisms; enforcement and collection changes can affect which debts are registrable and collectible.\n  - Who decides: the Secretary (for family assistance) and the Registrar (for child support) retain significant discretion — e.g. satisfaction that immunisation requirements are met, deferral of determinations while FTB eligibility is resolved, Registrar’s assessment whether accepting an agreement is just and equitable, and the Commission’s power to specify exceptions to separation‑time rules by legislative instrument (Veterans’ Entitlements Act).\n\nTesting official claims against implementation costs and incentives\n\n- Fiscal and administrative cost: extending eligibility windows and adding new eligibility classes (adoptions from overseas, longer claim windows) enlarges the potential claimant pool and increases verification workload (evidence of immunisation, adoption process documentation, cross‑border arrival dates). Half‑payment and maximum‑payment caps limit per‑child exposure but add calculation complexity (s 67). (See Schedule 1.)\n\n- Compliance and evidentiary burden: claimants must supply proof of immunisation timing, adoption entitlements, and FTB status; agencies must check overseas adoption documents and arrival dates — this is more complex than verifying domestic births.\n\n- Bureaucratic discretion and legal risk: the Secretary’s subjective satisfaction tests, Registrar’s ability to decline reviews for \"special circumstances\", and the \"just and equitable\" gate for agreements increase reliance on administrative judgement and could increase merits review or appeals (SSAT, courts).\n\n- Incentives and substitution effects: timing rules and half‑payment caps could influence claimant behaviour — for example, the deadline windows for adopted overseas children may affect the timing of arrivals or documentation submission. Child support threshold changes (7.1%, 14%, 35%) adjust when reassessments are triggered; that can reduce churn for small changes but produce cliff effects at the thresholds.\n\n- Cross‑jurisdictional complexity: treating administrative assessments from reciprocating jurisdictions as domestic assessments simplifies some calculations but relies on the existence of reciprocating arrangements. It also imports complexity from foreign tribunal or administrative systems into domestic calculations and enforcement (Schedule 3, Part 6).\n\n- Effects on private actors and markets: direct effects on business are limited. Indirect effects include: child‑care cost treatment may affect how parents contract for care or claim costs (affecting childcare providers’ clients), and registrability of overseas debts may affect banks or collection agents used by enforcement bodies. Publication of anonymised tribunal reasons may have small effects on transparency and administrative accountability but protects individual identity (Schedule 3, Part 2).\n\nKey implementation risks and trade‑offs\n\n- Increased administrative load and need for cross‑border verification (adoptions, arrivals, foreign administrative assessments).\n- Greater reliance on discretion (Secretary and Registrar) which can increase appeals and litigation unless guidance and standard operating procedures are robust.\n- Threshold‑based triggers reduce trivial reassessments but create bright lines that can feel arbitrary at the margins and produce more boundary litigation.\n\nReferences to statutory provisions: see Schedule 1 (maternity immunisation allowance amendments to A New Tax System (Family Assistance) Act 1999 and its Administration Act — esp. s 39 and s 67 and administration Act s 39(4), ss 41(5)–(6)), Schedule 2 (Veterans’ Entitlements Act 1986, ss 38(1B), (1BA), new ss 38(2AB)–(2AD)), and Schedule 3 (multiple amendments across Child Support (Assessment) Act 1989 and Child Support (Registration & Collection) Act 1988 — see items labelled Part 1 through Part 7 for precise clause changes).\n\nOverall short take: the Act refines and expands eligibility, timing and administrative rules across family assistance, veterans’ partner pensions and the child support system; it increases administrative complexity and discretion while aiming to clarify certain cross‑border adoption and overseas liability interactions. It shifts some claimant‑facing rules (time limits, payment amounts) and embeds new triggers and exclusions for child support assessment and collection.\n"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original stated purposes: family assistance (specifically maternity immunisation), veterans' affairs (partner service pensions), and child support. While Schedule 3 contains extensive amendments to child support law, these are technical refinements and operational improvements rather than an expansion beyond the original scope of child support administration. The amendments address specific implementation issues (overseas liabilities, care percentage calculations, binding agreements) that fall within the natural scope of child support legislation."},"complexity_factors":["Multiple commencement dates across different schedules (9 December 2008, 1 January 2009, 1 July 2009, 6 January 2009, 10 December 2008)","Extensive cross-referencing between the Family Assistance Act 1999, Family Assistance (Administration) Act 1999, Veterans' Entitlements Act 1986, and two Child Support Acts (1988 and 1989)","Nested conditional logic in maternity immunisation provisions with 7 different eligibility scenarios (subsections 39(2) through 39(9))","Complex transitional provisions with retrospective application (some provisions backdated to 1 July 2006 and 1 July 2008)","Mathematical formulas in section 66A for calculating reduced child support rates (referenced as images in the source text)","Multiple thresholds and percentage triggers in child support care arrangements (7.1%, 14%, 35% care thresholds)","Interaction between domestic and international (reciprocating jurisdiction) child support assessments","Exception to exception structure in section 67 regarding half-amounts of maternity immunisation allowance"],"plain_english_summary":"This Act makes changes to three main areas of Australian law: family assistance payments, veterans' pensions, and child support arrangements.\n\n**What it does:**\n\n**1. Maternity Immunisation Allowance (Schedule 1)**\n- Extends the age by which children must be immunised to qualify for the full allowance from 2 years to 5 years old\n- Creates a new \"catch-up\" payment for children who get their immunisations done between ages 2 and 5\n- Introduces special rules for children adopted from overseas, allowing families to claim the allowance even if the child arrives in Australia after age 2\n- Changes payment amounts so families can receive either one full payment or two half-payments depending on when immunisation is completed\n- Sets new time limits for making claims based on different circumstances\n\n**2. Partner Service Pension for Veterans (Schedule 2)**\n- Lowers the age at which partners of certain severely disabled veterans can access the partner service pension from 50 to 45 years old (for those meeting specific criteria related to the veteran's level of disability)\n- Introduces a 12-month time limit on eligibility for partners who are separated from the veteran, unless they have reached pension age or special circumstances apply\n\n**3. Child Support Overhaul (Schedule 3)**\n- **Care percentages:** Changes when child support assessments get updated based on changes in care arrangements. Now triggers updates when care changes by 7.1% or more (if it affects cost percentages), or when care crosses key thresholds (below or above 14%, or below or above 35%)\n- **Publishing decisions:** Allows the Social Security Appeals Tribunal to publish reasons for decisions without identifying the parties involved\n- **Binding agreements:** Makes it easier for parents to enter into binding child support agreements without needing to meet certain conditions first, and clarifies when the Registrar can accept limited agreements\n- **Terminating events:** Clarifies that child support ends when both parents are no longer eligible carers and no non-parent carers are entitled to support\n- **Minimum payments:** Changes how parents can apply to reduce child support to nil when they're on the minimum rate, allowing them to nominate specific periods\n- **Overseas liabilities:** Ensures child support debts from overseas are treated the same as Australian debts for enforcement purposes, and recognises overseas assessments when calculating Australian child support\n- **Prescribed payments:** Prevents parents who have regular care of children from claiming certain payments as child support credits, and stops double-dipping where lump sum payments have already been credited\n\n**Who it affects:**\n- Parents receiving or paying child support\n- Families with young children who claim immunisation allowances\n- Partners of veterans, particularly those separated from their veteran partner or caring for severely disabled veterans\n- Children in separated families\n\n**Why it matters:**\nThis Act tightens up child support rules to prevent manipulation of the system, ensures overseas child support debts can be enforced in Australia, and gives families more flexibility with immunisation timing while maintaining incentives for vaccination. It also provides earlier access to pensions for partners of severely injured veterans while putting time limits on benefits for separated partners."}},"importantCases":[],"_links":{"self":"/api/acts/families-housing-community-services-and-indigenous-affairs-and-other-legislation-amendment-further-2","history":"/api/acts/families-housing-community-services-and-indigenous-affairs-and-other-legislation-amendment-further-2/history","analysis":"/api/acts/families-housing-community-services-and-indigenous-affairs-and-other-legislation-amendment-further-2/analysis","conflicts":"/api/acts/families-housing-community-services-and-indigenous-affairs-and-other-legislation-amendment-further-2/conflicts","importantCases":"/api/acts/families-housing-community-services-and-indigenous-affairs-and-other-legislation-amendment-further-2/important-cases","documents":"/api/acts/families-housing-community-services-and-indigenous-affairs-and-other-legislation-amendment-further-2/documents"}}