{"id":"C2008A00019","name":"Social Security and Veterans' Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Act 2008","slug":"social-security-and-veterans-entitlements-legislation-amendment-one-off-payments-and-other-budget-me","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"19 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":40347,"registerId":"commonwealth-C2008A00019-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

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.

26 May 2008

2. Schedule 1, Part 1

Immediately after the commencement of the provision(s) covered by table item 3.

26 May 2008

3. Schedule 1, Part 2

The day on which this Act receives the Royal Assent.

26 May 2008

4. Schedule 2

The day on which this Act receives the Royal Assent.

26 May 2008

5. Schedule 3, Part 1

Immediately after the commencement of the provision(s) covered by table item 6.

26 May 2008

6. Schedule 3, Part 2

The day on which this Act receives the Royal Assent.

26 May 2008

7. Schedule 4

The day on which this Act receives the Royal Assent.

26 May 2008

8. Schedule 5, Part 1

1 July 2008.

1 July 2008

9. Schedule 5, Part 2, Division 1

Immediately after the commencement of item 38 of Schedule 2 to the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008.

However, the provision(s) do not commence at all if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 does not receive the Royal Assent on or before the day on which this Act receives the Royal Assent.

Does not commence

10. Schedule 5, item 23

1 July 2008.

However, the provision(s) do not commence at all if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 receives the Royal Assent on or before the day on which this Act receives the Royal Assent.

1 July 2008

11. Schedule 5, item 24

Immediately before the commencement of section 2 of the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008.

However, the provision(s) do not commence at all if that Act receives the Royal Assent on or before the day on which this Act receives the Royal Assent.

1 July 2008

12. Schedule 5, Part 3

1 July 2008.

1 July 2008

\n```\n\n> Note: 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.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Schedule(s)","content":"#### 3 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\nSchedule 1—2008 one‑off payments to older Australians\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 At the end of Part 2.2B\n\nAdd:","sortOrder":2},{"sectionNumber":"Division 4","sectionType":"division","heading":"2008 one‑off payment to older Australians","content":"An Act to amend the law relating to social security and veterans’ entitlements, and for other purposes\n\n\\[Assented to 26 May 2008\\]\n\nThe Parliament of Australia enacts:\n\n#### 1 Short title\n\n This Act may be cited as the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

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.

26 May 2008

2. Schedule 1, Part 1

Immediately after the commencement of the provision(s) covered by table item 3.

26 May 2008

3. Schedule 1, Part 2

The day on which this Act receives the Royal Assent.

26 May 2008

4. Schedule 2

The day on which this Act receives the Royal Assent.

26 May 2008

5. Schedule 3, Part 1

Immediately after the commencement of the provision(s) covered by table item 6.

26 May 2008

6. Schedule 3, Part 2

The day on which this Act receives the Royal Assent.

26 May 2008

7. Schedule 4

The day on which this Act receives the Royal Assent.

26 May 2008

8. Schedule 5, Part 1

1 July 2008.

1 July 2008

9. Schedule 5, Part 2, Division 1

Immediately after the commencement of item 38 of Schedule 2 to the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008.

However, the provision(s) do not commence at all if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 does not receive the Royal Assent on or before the day on which this Act receives the Royal Assent.

Does not commence

10. Schedule 5, item 23

1 July 2008.

However, the provision(s) do not commence at all if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 receives the Royal Assent on or before the day on which this Act receives the Royal Assent.

1 July 2008

11. Schedule 5, item 24

Immediately before the commencement of section 2 of the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008.

However, the provision(s) do not commence at all if that Act receives the Royal Assent on or before the day on which this Act receives the Royal Assent.

1 July 2008

12. Schedule 5, Part 3

1 July 2008.

1 July 2008

\n```\n\n> Note: 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\n#### 3 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\nSchedule 1—2008 one‑off payments to older Australians\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 At the end of Part 2.2B\n\nAdd:\n\n### Division 4—2008 one‑off payment to older Australians\n\n#### 93ZC 2008 one‑off payment to older Australians\n\n Qualified if this section applies\n (1) A person is qualified for a 2008 one‑off payment to older Australians if subsection (2), (3) or (4) applies to the person.\n Qualified because of income support payments\n (2) This subsection applies to a person if:\n (a) the person has reached pension age on or before 13 May 2008; and\n (b) the person was receiving an income support payment, other than service pension or income support supplement, in respect of an instalment period that includes 13 May 2008; and\n (c) the person was receiving that payment because of a claim the person made on or before 13 May 2008; and\n (d) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n Qualified because qualified for seniors concession allowance\n (3) This subsection applies to a person if:\n (a) on 13 May 2008, the person was qualified for seniors concession allowance under section 1061U; or\n (b) both:\n (i) on or before 13 May 2008, the person made a claim for a seniors health card under Division 1 of Part 3 of the Administration Act and had not withdrawn that claim on or before 13 May 2008; and\n (ii) on 13 May 2008, the person either was qualified for the card or would have been so qualified but for being temporarily absent from Australia for a continuous period not exceeding 13 weeks.\n Qualified because receiving certain allowances\n (4) This subsection applies to a person if:\n (a) the person was receiving a widow allowance, mature age allowance, partner allowance, wife pension or widow B pension in respect of an instalment period that includes 13 May 2008; and\n (b) the person was receiving that allowance or pension because of a claim the person made on or before 13 May 2008; and\n (c) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n One one‑off payment only\n (5) A person may receive one payment only under this section, regardless of how many times the person qualifies under this section.\n (6) Despite anything else in this section, a person is not qualified for a payment under this section if the person is eligible for a payment under section 118ZZL of the Veterans’ Entitlements Act.\n\n#### 93ZD Amount of the one‑off payment\n\n The amount of the one‑off payment under section 93ZC is $500.\n\n2 Certain claims that would otherwise be taken to have been made on or before 13 May 2008\n\nFor the purposes of the provisions inserted by item 1, the following are to be disregarded:\n\n (a) the effect of section 12 of the Social Security (Administration) Act 1999, so far as it relates to a determination under that section that is made after 13 May 2008;\n (b) the effect of section 15 of the Social Security (Administration) Act 1999, so far as it relates to the Secretary becoming satisfied of a matter, as mentioned in that section, after 13 May 2008.\n\n3 At the end of subsection 1223ABAA(1)\n\nAdd:\n\n ; or (c) 2008 one‑off payment to older Australians under Division 4 of Part 2.2B.\n\n4 Subsection 1223ABAA(2)\n\nOmit “or 93ZA(2)”, substitute “, 93ZA(2) or 93ZC(2)”.\n\n5 Subsection 1223ABAA(2)\n\nOmit “or 93ZA(2)(b)”, substitute “, 93ZA(2)(b) or 93ZC(2)(b)”.\n\n6 Subsection 1223ABAA(3)\n\nOmit “or 93ZA(3)”, substitute “, 93ZA(3) or 93ZC(3)”.\n\n7 Subsection 1223ABAA(4)\n\nOmit “or 93ZA(4)”, substitute “, 93ZA(4) or 93ZC(4)”.\n\n8 Subsection 1223ABAA(4)\n\nOmit “or 93ZA(4)(a)”, substitute “, 93ZA(4)(a) or 93ZC(4)(a)”.\n\n9 At the end of subsection 1223ABAA(4A)\n\nAdd:\n\n ; or (c) for a payment of 2008 one‑off payment to older Australians—13 May 2008.\n\n10 Paragraph 1223ABAA(6)(a)\n\nOmit “or 93ZA(3)”, substitute “, 93ZA(3) or 93ZC(3)”.\n\nSocial Security (Administration) Act 1999\n\n11 At the end of section 12AAA\n\nAdd:\n\n ; or (c) 2008 one‑off payment to older Australians.\n\n12 Subsection 47(1) (after paragraph (gb) of the definition of lump sum benefit)\n\nInsert:\n\n (gc) 2008 one‑off payment to older Australians; or\n\n13 Sections 47AA and 47AB\n\nRepeal the sections, substitute:\n\n#### 47AA Payment of one‑off payments to older Australians\n\n (1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum:\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Secretary considers appropriate.\n (2) The payments are the following:\n (a) 2006 one‑off payment to older Australians;\n (b) 2007 one‑off payment to older Australians;\n (c) 2008 one‑off payment to older Australians.\n\n14 Application\n\nTo avoid doubt, the amendment made by item 13 does not entitle a person to a payment of 2006 one‑off payment to older Australians or 2007 one‑off payment to older Australians if such a payment has already been paid to the person under section 47AA or 47AB of the Social Security (Administration) Act 1999 (as in force before the commencement of this item).\n\nVeterans’ Entitlements Act 1986\n\n15 After Part VIIE\n\nInsert:\n\n## Part VIIF—2008 one‑off payment to older Australians\n\n#### 118ZZL 2008 one‑off payment to older Australians\n\n Eligible if this section applies\n (1) A person is eligible for a 2008 one‑off payment to older Australians if subsection (2) or (3) applies to the person.\n Eligible because of income support payments\n (2) This subsection applies to a person if:\n (a) the person has reached qualifying age within the meaning of subsection 5Q(1) on or before 13 May 2008; and\n (b) a service pension or an income support supplement was payable to the person in respect of an instalment period that includes 13 May 2008; and\n (c) the pension or supplement was payable because of a claim the person made on or before 13 May 2008; and\n (d) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n Eligible because eligible for seniors concession allowance\n (3) This subsection applies to a person if:\n (a) on 13 May 2008, the person was eligible for seniors concession allowance under section 118PA; or\n (b) both:\n (i) on or before 13 May 2008, the person made a claim for a seniors health card under Division 2 of Part VIIC and had not withdrawn that claim on or before 13 May 2008; and\n (ii) on 13 May 2008, the person either was eligible for the card or would have been so eligible but for being temporarily absent from Australia for a continuous period not exceeding 13 weeks.\n One one‑off payment only\n (4) A person may receive one payment only under this section, regardless of how many times the person becomes eligible under this section.\n\n#### 118ZZM Amount of the one‑off payment\n\n The amount of the one‑off payment under section 118ZZL is $500.\n\n#### 118ZZN Claim not required for 2008 one‑off payment to older Australians\n\n A claim is not required for 2008 one‑off payment to older Australians.\n\n#### 118ZZO Payment of 2008 one‑off payment to older Australians\n\n If an individual is eligible for a 2008 one‑off payment to older Australians, the Commission must pay the payment to the individual in a single lump sum:\n (a) on the date that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Commission considers appropriate.\n\n#### 118ZZP Debts arising in respect of 2008 one‑off payment to older Australians\n\n (1) This section applies in relation to an individual who has been paid a 2008 one‑off payment to older Australians (the relevant payment) under this Part.\n (2) If the individual was eligible for the relevant payment because of subsection 118ZZL(2), a relevant determination is a determination made under Part III or Part IIIA because of which the pension or supplement referred to in paragraph 118ZZL(2)(b) was payable.\n (3) If the individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of holding or having held a seniors health card, a relevant determination is a determination made under this Act because of which the person became the holder of the card.\n (4) If:\n (a) after the relevant payment was made to the individual, a relevant determination in relation to the individual, at least so far as it relates to 13 May 2008 or to a period that includes that day, is or was (however described) changed, revoked, set aside or superseded by another determination; and\n (b) the decision to change, revoke, set aside or supersede the relevant determination is or was made for the reason, or for reasons including the reason, that the individual knowingly made a false or misleading statement, or knowingly provided false information; and\n (c) had the change, revocation, setting aside or superseding occurred on or before 13 May 2008, the relevant payment would not have been made;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (5) If:\n (a) an individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of having claimed a seniors health card; and\n (b) the individual knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and\n (c) but for that statement or information, the relevant payment would not have been paid to the individual;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (6) If:\n (a) an individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of holding or having held a gold card; and\n (b) the individual knowingly made a false or misleading statement, or knowingly provided false information, that resulted (directly or indirectly) in the individual becoming the holder of the gold card; and\n (c) but for that statement or information, the relevant payment would not have been paid to the individual;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (7) The other provisions of this Act under which debts arise do not apply in relation to payments to which this section applies.\n (8) A debt that arises under this section is a recoverable amount within the meaning of subsection 205(8).\n\n \n\nPart 2—Related amendments\n\nIncome Tax Assessment Act 1936\n\n16 Subsection 159J(6) (after paragraph (adad) of the definition of separate net income)\n\nInsert:\n\n (adae) does not include 2008 one‑off payment to older Australians under the Social Security Act 1991 or the Veterans’ Entitlements Act 1986; and\n (adaf) does not include payments to older Australians under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008; and\n\nIncome Tax Assessment Act 1997\n\n17 Section 11‑15 (table item headed “social security or like payments”)\n\nAfter:\n\n| payments under the scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007............................................................................ | 52‑65 |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n\ninsert:\n\n| 2008 one‑off payment to older Australians under the Social Security Act 1991 | 52‑10 |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n| payments under a scheme determined under item 1 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑10 |\n| 2008 one‑off payment to older Australians under the Veterans’ Entitlements Act 1986 | 52‑65 |\n| payments under the scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑65 |\n\n18 After paragraph 52‑10(1)(baa)\n\nInsert:\n\n (bab) 2008 one‑off payment to older Australians; or\n\n19 Subsection 52‑10(1B)\n\nAfter “aged under”, insert “Division 1 of”.\n\n20 Subsections 52‑10(1CA) and (1CAA)\n\nRepeal the subsections, substitute:\n\n (1CA) The following payments under the Social Security Act 1991 are exempt from income tax:\n (a) 2006 one‑off payment to older Australians (see Division 2 of Part 2.2B of that Act);\n (b) 2007 one‑off payment to older Australians (see Division 3 of Part 2.2B of that Act);\n (c) 2008 one‑off payment to older Australians (see Division 4 of Part 2.2B of that Act).\n\n21 At the end of subsection 52‑10(1CB)\n\nAdd:\n\n ; (c) a scheme determined under item 1 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n22 After paragraph 52‑65(1)(ba)\n\nInsert:\n\n (bb) 2008 one‑off payment to older Australians; or\n\n23 Subsections 52‑65(1B) and (1BA)\n\nRepeal the subsections, substitute:\n\n (1B) The following one‑off payments under the Veterans’ Entitlements Act 1986 are exempt from income tax:\n (a) 2006 one‑off payment to older Australians under Part VIID;\n (b) 2007 one‑off payment to older Australians under Part VIIE;\n (c) 2008 one‑off payment to older Australians under Part VIIF.\n\n24 At the end of subsection 52‑65(1C)\n\nAdd:\n\n ; (c) a scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n25 Section 52‑75 (after table item 1B)\n\nInsert:\n\n| 1C | 2008 one‑off payment to older Australians | Part VIIF | Not applicable |\n| --- | ----------------------------------------- | --------- | -------------- |\n\nSocial Security Act 1991\n\n26 After paragraph 8(8)(ye)\n\nInsert:\n\n (yf) 2008 one‑off payment to older Australians under the Veterans’ Entitlements Act;\n (yg) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n27 Part 2.2B (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.2B—One‑off payments to the aged and older Australians\n\n28 Before section 93X\n\nInsert:\n\n### Division 1—One‑off payment to the aged\n\n29 Part 2.2C (heading)\n\nRepeal the heading.\n\n30 Before section 93Y\n\nInsert:\n\n### Division 2—2006 one‑off payment to older Australians\n\n31 Part 2.2D (heading)\n\nRepeal the heading.\n\n32 Before section 93ZA\n\nInsert:\n\n### Division 3—2007 one‑off payment to older Australians\n\n33 Paragraph 1223ABAA(1)(a)\n\nOmit “Part 2.2C”, substitute “Division 2 of Part 2.2B”.\n\n34 Paragraph 1223ABAA(1)(b)\n\nOmit “Part 2.2D”, substitute “Division 3 of Part 2.2B”.\n\nSocial Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007\n\n35 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Part 2.2D”, substitute “Division 3 of Part 2.2.B”.\n\nSocial Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006\n\n36 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Part 2.2C”, substitute “Division 2 of Part 2.2B”.\n\nVeterans’ Entitlements Act 1986\n\n37 After paragraph 5H(8)(zzad)\n\nInsert:\n\n (zzae) 2008 one‑off payment to older Australians under Part VIIF;\n (zzaf) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n \n\nSchedule 2—Administrative schemes for 2008 one‑off payments to older Australians\n\n1 Administrative scheme for 2008 one‑off payments to older Australians (social security)\n\n(1) Subject to this item, a Minister administering provisions of the Social Security Act 1991 may, by legislative instrument, determine a scheme under which one‑off payments may be made to older Australians in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\nNote: Because there is more than one Minister administering provisions of the Social Security Act 1991, there may be more than one scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Division 4 of Part 2.2B of the Social Security Act 1991 does not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 1223ABAA of the Social Security Act 1991;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n2 Administrative scheme for 2008 one‑off payments to older Australians (veterans)\n\n(1) Subject to this item, the Minister administering the Veterans’ Entitlements Act 1986 may, by legislative instrument, determine a scheme under which one‑off payments may be made to older Australians in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Part VIIF of the Veterans’ Entitlements Act 1986 does not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 118ZZP of the Veterans’ Entitlements Act 1986;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n \n\nSchedule 3—2008 one‑off payments to carers\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 At the end of Part 2.5A\n\nAdd:\n\n### Division 12—2008 one‑off payment to carers eligible for carer payment\n\n#### 269 2008 one‑off payment to carers (carer payment related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer payment related) if:\n (a) the person has been paid an instalment of carer payment in respect of a period that includes 13 May 2008; and\n (b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 270 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 13—2008 one‑off payment to carers eligible for wife pension\n\n#### 271 2008 one‑off payment to carers (wife pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (wife pension related) if:\n (a) the person:\n (i) has been paid an instalment of wife pension in respect of a period that includes 13 May 2008; and\n (ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and\n (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (i) the instalment was in respect of a period that includes 13 May 2008;\n (ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 272 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 14—2008 one‑off payment to carers eligible for partner service pension\n\n#### 273 2008 one‑off payment to carers (partner service pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (partner service pension related) if:\n (a) the person:\n (i) has been paid an instalment of partner service pension under Part III of the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and\n (ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and\n (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (i) the instalment was in respect of a period that includes 13 May 2008;\n (ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 274 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 15—2008 one‑off payment to carers eligible for carer service pension\n\n#### 275 2008 one‑off payment to carers (carer service pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer service pension related) if:\n (a) the person has been paid an instalment of carer service pension as a result of the operation of subclause 8(2) or (4) of Schedule 5 to the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and\n (b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 276 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n2 At the end of Part 2.19A\n\nAdd:\n\n### Division 5—2008 one‑off payment to carers eligible for carer allowance\n\n#### 992WD 2008 one‑off payment to carers (carer allowance related)\n\n (1) A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (a) the instalment was in respect of a period that includes 13 May 2008;\n (b) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (c) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n (2) For the purposes of this Part, the instalment, or each instalment, in relation to which paragraphs (1)(a), (b) and (c) are satisfied is a qualifying instalment.\n\n#### 992WE Eligible care receivers\n\n (1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.\n (2) If subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.\n\n#### 992WF Amount of the one‑off payment\n\n Add together the amounts applicable under this section for each eligible care receiver\n (1) The amount of the one‑off payment to the qualified person is worked out by adding together the amounts applicable under this section for each eligible care receiver.\n Amount is $600 unless subsection (3) applies\n (2) Subject to subsection (3), the amount applicable for an eligible care receiver is $600.\n Reduced amount if instalment rate took account of a subsection 981(1) determination\n (3) If the rate at which a qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver, the amount applicable for the eligible care receiver is that share of $600.\n\n3 Certain claims that would otherwise be taken to have been made on or before 13 May 2008\n\nFor the purposes of the provisions inserted by items 1 and 2, the following are to be disregarded:\n\n (a) the effect of section 12 of the Social Security (Administration) Act 1999, so far as it relates to a determination under that section that is made after 13 May 2008;\n (b) the effect of section 15 of the Social Security (Administration) Act 1999, so far as it relates to the Secretary becoming satisfied of a matter, as mentioned in that section, after 13 May 2008.\n\n4 At the end of subsection 1223ABA(1)\n\nAdd:\n\n ; or (p) 2008 one‑off payment to carers (carer payment related); or\n (q) 2008 one‑off payment to carers (wife pension related); or\n (r) 2008 one‑off payment to carers (partner service pension related); or\n (s) 2008 one‑off payment to carers (carer service pension related); or\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n5 After subsection 1223ABA(3CJ)\n\nInsert:\n\n (3CK) If the relevant payment is a payment of 2008 one‑off payment to carers (carer payment related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the instalment of carer payment referred to in section 269 of this Act was paid.\n (3CL) If the relevant payment is a payment of 2008 one‑off payment to carers (wife pension related), a relevant determination is:\n (a) a determination made under Part 3 of the Administration Act because of which the instalment of wife pension referred to in section 271 of this Act was paid; or\n (b) a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 271 of this Act was paid.\n (3CM) If the relevant payment is a payment of 2008 one‑off payment to carers (partner service pension related), a relevant determination is:\n (a) a determination made under the Veterans’ Entitlements Act because of which the instalment of partner service pension referred to in section 273 of this Act was paid; or\n (b) a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 273 of this Act was paid.\n (3CN) If the relevant payment is a payment of 2008 one‑off payment to carers (carer service pension related), a relevant determination is a determination made under the Veterans’ Entitlements Act because of which the instalment of carer service pension referred to in section 275 of this Act was paid.\n (3CO) If the relevant payment is a payment of 2008 one‑off payment to carers (carer allowance related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 992WD of this Act was paid.\n\n6 At the end of subsection 1223ABA(3D)\n\nAdd:\n\n ; or (e) 13 May 2008, if the relevant payment is a payment of:\n (i) 2008 one‑off payment to carers (carer payment related); or\n (ii) 2008 one‑off payment to carers (wife pension related); or\n (iii) 2008 one‑off payment to carers (partner service pension related); or\n (iv) 2008 one‑off payment to carers (carer service pension related); or\n (v) 2008 one‑off payment to carers (carer allowance related).\n\nSocial Security (Administration) Act 1999\n\n7 Sections 12AA to 12AD\n\nRepeal the sections, substitute:\n\n#### 12AA One‑off payments to carers\n\n A claim is not required for the following:\n (a) one‑off payment to carers (carer allowance related);\n (b) one‑off payment to carers (carer payment related);\n (c) 2005 one‑off payment to carers (carer payment related);\n (d) 2005 one‑off payment to carers (carer service pension related);\n (e) 2005 one‑off payment to carers (carer allowance related);\n (f) 2006 one‑off payment to carers (carer payment related);\n (g) 2006 one‑off payment to carers (wife pension related);\n (h) 2006 one‑off payment to carers (partner service pension related);\n (i) 2006 one‑off payment to carers (carer service pension related);\n (j) 2006 one‑off payment to carers (carer allowance related);\n (k) 2007 one‑off payment to carers (carer payment related);\n (l) 2007 one‑off payment to carers (wife pension related);\n (m) 2007 one‑off payment to carers (partner service pension related);\n (n) 2007 one‑off payment to carers (carer service pension related);\n (o) 2007 one‑off payment to carers (carer allowance related);\n (p) 2008 one‑off payment to carers (carer payment related);\n (q) 2008 one‑off payment to carers (wife pension related);\n (r) 2008 one‑off payment to carers (partner service pension related);\n (s) 2008 one‑off payment to carers (carer service pension related);\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n8 Subsection 47(1) (after paragraph (hn) of the definition of lump sum benefit)\n\nInsert:\n\n (ho) 2008 one‑off payment to carers (carer payment related); or\n (hp) 2008 one‑off payment to carers (wife pension related); or\n (hq) 2008 one‑off payment to carers (partner service pension related); or\n (hr) 2008 one‑off payment to carers (carer service pension related); or\n (hs) 2008 one‑off payment to carers (carer allowance related); or\n\n9 Sections 47B to 47E\n\nRepeal the sections, substitute:\n\n#### 47B Payment of one‑off payments to carers\n\n (1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum:\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Secretary considers appropriate.\n (2) The payments are the following:\n (a) one‑off payment to carers (carer allowance related);\n (b) one‑off payment to carers (carer payment related);\n (c) 2005 one‑off payment to carers (carer payment related);\n (d) 2005 one‑off payment to carers (carer service pension related);\n (e) 2005 one‑off payment to carers (carer allowance related);\n (f) 2006 one‑off payment to carers (carer payment related);\n (g) 2006 one‑off payment to carers (wife pension related);\n (h) 2006 one‑off payment to carers (partner service pension related);\n (i) 2006 one‑off payment to carers (carer service pension related);\n (j) 2006 one‑off payment to carers (carer allowance related);\n (k) 2007 one‑off payment to carers (carer payment related);\n (l) 2007 one‑off payment to carers (wife pension related);\n (m) 2007 one‑off payment to carers (partner service pension related);\n (n) 2007 one‑off payment to carers (carer service pension related);\n (o) 2007 one‑off payment to carers (carer allowance related);\n (p) 2008 one‑off payment to carers (carer payment related);\n (q) 2008 one‑off payment to carers (wife pension related);\n (r) 2008 one‑off payment to carers (partner service pension related);\n (s) 2008 one‑off payment to carers (carer service pension related);\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n10 Application\n\nTo avoid doubt, the amendment made by item 9 does not entitle a person to a payment mentioned in paragraphs 47B(2)(a) to (o) of the Social Security (Administration) Act 1999 (as inserted by item 9) if such a payment has already been paid to the person under section 47B, 47C, 47D or 47E of the that Act (as in force before the commencement of this item).\n\n \n\nPart 2—Related amendments\n\nIncome Tax Assessment Act 1936\n\n11 Subsection 159J(6) (subparagraph (ad)(xvi) of the definition of separate net income)\n\nOmit “and”.\n\n12 Subsection 159J(6) (at the end of paragraph (ad) of the definition of separate net income)\n\nAdd:\n\n (xvii) 2008 one‑off payment to carers (carer payment related);\n (xviii) 2008 one‑off payment to carers (wife pension related);\n (xix) 2008 one‑off payment to carers (partner service pension related);\n (xx) 2008 one‑off payment to carers (carer service pension related);\n (xxi) 2008 one‑off payment to carers (carer allowance related); and\n\n13 Subsection 159J(6) (after paragraph (add) of the definition of separate net income)\n\nInsert:\n\n (ade) does not include payments to carers under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008; and\n\nIncome Tax Assessment Act 1997\n\n14 Section 11‑15 (table item headed “social security or like payments”)\n\nAfter:\n\n| payments under the scheme determined under Schedule 4 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007............................................................................ | 52‑10 |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n\ninsert:\n\n| 2008 one‑off payment to carers (carer payment related), 2008 one‑off payment to carers (wife pension related), 2008 one‑off payment to carers (partner service pension related), 2008 one‑off payment to carers (carer service pension related) or 2008 one‑off payment to carers (carer allowance related) | 52‑10 |\n| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n| payments under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑10 |\n\n15 Paragraph 52‑10(1)(r)\n\nRepeal the paragraph, substitute:\n\n (r) 2008 one‑off payment to carers (carer payment related); or\n (s) 2008 one‑off payment to carers (wife pension related); or\n (t) 2008 one‑off payment to carers (partner service pension related); or\n (u) 2008 one‑off payment to carers (carer service pension related); or\n (v) 2008 one‑off payment to carers (carer allowance related); or\n (w) payments under a scheme referred to in subsection (1E).\n\n16 Paragraph 52‑10(1D)(a)\n\nOmit “Part 2.5A”, substitute “Division 1 of Part 2.5A”.\n\n17 Paragraph 52‑10(1D)(b)\n\nOmit “Part 2.19A”, substitute “Division 1 of Part 2.19A”.\n\n18 Paragraph 52‑10(1D)(c)\n\nOmit “Part 2.5B”, substitute “Division 2 of Part 2.5A”.\n\n19 Paragraph 52‑10(1D)(d)\n\nOmit “Part 2.5C”, substitute “Division 3 of Part 2.5A”.\n\n20 Paragraph 52‑10(1D)(e)\n\nOmit “Part 2.19B”, substitute “Division 2 of Part 2.19A”.\n\n21 Paragraph 52‑10(1D)(f)\n\nOmit “Part 2.5D”, substitute “Division 4 of Part 2.5A”.\n\n22 Paragraph 52‑10(1D)(g)\n\nOmit “Part 2.5E”, substitute “Division 5 of Part 2.5A”.\n\n23 Paragraph 52‑10(1D)(h)\n\nOmit “Part 2.5F”, substitute “Division 6 of Part 2.5A”.\n\n24 Paragraph 52‑10(1D)(i)\n\nOmit “Part 2.5G”, substitute “Division 7 of Part 2.5A”.\n\n25 Paragraph 52‑10(1D)(j)\n\nOmit “Part 2.19C”, substitute “Division 3 of Part 2.19A”.\n\n26 Paragraph 52‑10(1D)(k)\n\nOmit “Part 2.5H”, substitute “Division 8 of Part 2.5A”.\n\n27 Paragraph 52‑10(1D)(l)\n\nOmit “Part 2.5J”, substitute “Division 9 of Part 2.5A”.\n\n28 Paragraph 52‑10(1D)(m)\n\nOmit “Part 2.5K”, substitute “Division 10 of Part 2.5A”.\n\n29 Paragraph 52‑10(1D)(n)\n\nOmit “Part 2.5L”, substitute “Division 11 of Part 2.5A”.\n\n30 Paragraph 52‑10(1D)(o)\n\nOmit “Part 2.19D”, substitute “Division 4 of Part 2.19A”.\n\n31 At the end of subsection 52‑10(1D)\n\nAdd:\n\n ; (p) 2008 one‑off payment to carers (carer payment related) (see Division 12 of Part 2.5A of that Act);\n (q) 2008 one‑off payment to carers (wife pension related) (see Division 13 of Part 2.5A of that Act);\n (r) 2008 one‑off payment to carers (partner service pension related) (see Division 14 of Part 2.5A of that Act);\n (s) 2008 one‑off payment to carers (carer service pension related) (see Division 15 of Part 2.5A of that Act);\n (t) 2008 one‑off payment to carers (carer allowance related) (see Division 5 of Part 2.19A of that Act).\n\n32 At the end of subsection 52‑10(1E)\n\nAdd:\n\n ; (e) a scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\nSocial Security Act 1991\n\n33 After paragraph 8(8)(jae)\n\nInsert:\n\n (jaf) a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n34 Part 2.5A (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.5A—One‑off payments to carers eligible for carer payment\n\n35 Before section 247\n\nInsert:\n\n### Division 1—One‑off payment to carers eligible for carer payment\n\n36 Section 247 (note)\n\nOmit “Part 2.19A”, substitute “Division 1 of Part 2.19A”.\n\n37 Part 2.5B (heading)\n\nRepeal the heading.\n\n38 Before section 249\n\nInsert:\n\n### Division 2—2005 one‑off payment to carers eligible for carer payment\n\n39 Section 249 (note)\n\nOmit “Part 2.19B”, substitute “Division 2 of Part 2.19A”.\n\n40 Part 2.5C (heading)\n\nRepeal the heading.\n\n41 Before section 251\n\nInsert:\n\n### Division 3—2005 one‑off payment to carers eligible for carer service pension\n\n42 Part 2.5D (heading)\n\nRepeal the heading.\n\n43 Before section 253\n\nInsert:\n\n### Division 4—2006 one‑off payment to carers eligible for carer payment\n\n44 Part 2.5E (heading)\n\nRepeal the heading.\n\n45 Before section 255\n\nInsert:\n\n### Division 5—2006 one‑off payment to carers eligible for wife pension\n\n46 Part 2.5F (heading)\n\nRepeal the heading.\n\n47 Before section 257\n\nInsert:\n\n### Division 6—2006 one‑off payment to carers eligible for partner service pension\n\n48 Part 2.5G (heading)\n\nRepeal the heading.\n\n49 Before section 259\n\nInsert:\n\n### Division 7—2006 one‑off payment to carers eligible for carer service pension\n\n50 Part 2.5H (heading)\n\nRepeal the heading.\n\n51 Before section 261\n\nInsert:\n\n### Division 8—2007 one‑off payment to carers eligible for carer payment\n\n52 Part 2.5J (heading)\n\nRepeal the heading.\n\n53 Before section 263\n\nInsert:\n\n### Division 9—2007 one‑off payment to carers eligible for wife pension\n\n54 Part 2.5K (heading)\n\nRepeal the heading.\n\n55 Before section 265\n\nInsert:\n\n### Division 10—2007 one‑off payment to carers eligible for partner service pension\n\n56 Part 2.5L (heading)\n\nRepeal the heading.\n\n57 Before section 267\n\nInsert:\n\n### Division 11—2007 one‑off payment to carers eligible for carer service pension\n\n58 Part 2.19A (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.19A—One‑off payments to carers eligible for carer allowance\n\n59 Before section 992N\n\nInsert:\n\n### Division 1—One‑off payment to carers eligible for carer allowance\n\n60 Subsection 992N(2) (note)\n\nOmit “Part 2.5A”, substitute “Division 1 of Part 2.5A”.\n\n61 Part 2.19B (heading)\n\nRepeal the heading.\n\n62 Before section 992Q\n\nInsert:\n\n### Division 2—2005 one‑off payment to carers eligible for carer allowance\n\n63 Subsection 992Q(2) (note)\n\nOmit “Part 2.5B”, substitute “Division 2 of Part 2.5A”.\n\n64 Part 2.19C (heading)\n\nRepeal the heading.\n\n65 Before section 992T\n\nInsert:\n\n### Division 3—2006 one‑off payment to carers eligible for carer allowance\n\n66 Part 2.19D (heading)\n\nRepeal the heading.\n\n67 Before section 992WA\n\nInsert:\n\n### Division 4—2007 one‑off payment to carers eligible for carer allowance\n\nSocial Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007\n\n68 Paragraph 1(2)(a) of Schedule 4\n\nOmit “Parts 2.5H, 2.5J, 2.5K, 2.5L and 2.19D”, substitute “Divisions 8, 9, 10 and 11 of Part 2.5A and Division 4 of Part 2.19A”.\n\nSocial Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006\n\n69 Paragraph 1(2)(a) of Schedule 4\n\nOmit “Parts 2.5D, 2.5E, 2.5F, 2.5G and 2.19C”, substitute “Divisions 4, 5, 6 and 7 of Part 2.5A and Division 3 of Part 2.19A”.\n\nSocial Security Legislation Amendment (One‑off Payments for Carers) Act 2005\n\n70 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Parts 2.5B, 2.5C and 2.19B”, substitute “Divisions 2 and 3 of Part 2.5A and Division 2 of Part 2.19A”.\n\nVeterans’ Entitlements Act 1986\n\n71 At the end of subsection 5H(8) (before the note)\n\nAdd:\n\n ; (zze) a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n \n\nSchedule 4—Administrative scheme for 2008 one‑off payments to carers\n\n1 Administrative scheme for 2008 one‑off payments to carers\n\n(1) Subject to this item, the Minister administering Part 2.5 of the Social Security Act 1991 may, by legislative instrument, determine a scheme under which one‑off payments may be made to carers in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Divisions 12 to 15 of Part 2.5A and Division 5 of Part 2.19A of the Social Security Act 1991 do not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 1223ABA of the Social Security Act 1991;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n \n\nSchedule 5—Non‑cancellation of concession cards for temporary overseas absences\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 Subsection 6A(1)\n\nInsert:\n\n> concession card means:\n\n (a) a pensioner concession card; or\n (b) a health care card; or\n (c) a seniors health card.\n\n2 At the end of subsections 1061ZA(3) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n3 At the end of subsection 1061ZB(2)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n4 At the end of subsections 1061ZC(2) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n5 At the end of subsections 1061ZD(4) and (6)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n6 At the end of subsections 1061ZE(4) and (6)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n7 At the end of subsections 1061ZEA(3) and (5)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n8 At the end of subsection 1061ZEB(3)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n9 At the end of subsection 1061ZG(1)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a seniors health card for a maximum period of up to 13 weeks (see Division 4).\n\n10 At the end of subsection 1061ZN(1)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 13 weeks (see Division 4).\n\n11 At the end of subsections 1061ZO(2), (3) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 13 weeks (see Division 4).\n\n12 At the end of Part 2A.1\n\nAdd:\n\n### Division 4—Non‑cancellation of concession cards for temporary overseas absences\n\n#### 1061ZUA Persons to whom Division applies\n\n (1) This Division applies to a person if:\n (a) the person leaves Australia temporarily (see subsection (2)); and\n (b) the person is continuously absent from Australia during a period (the period of absence) beginning on the day the person leaves Australia; and\n (c) any of the following applies:\n (i) immediately before the period of absence commences, the person was the holder of a concession card;\n (ii) during the period of absence, the person’s claim for a seniors health card or a health care card is granted under the Administration Act;\n (iii) during the period of absence, the person is issued an automatic issue card.\n (2) For the purposes of paragraph (1)(a), in determining if an absence is temporary, regard must be had to:\n (a) the purpose of the absence; and\n (b) the intended duration of the absence.\n\n#### 1061ZUB Non‑cancellation of concession cards for temporary overseas absences\n\n (1) Throughout the person’s maximum non‑cancellation period (see subsection (3)), the person’s qualification for the concession card is not affected merely by the absence.\n (2) Throughout so much (if any) of the period of absence as occurs after the end of the period of 13 weeks beginning on the day the person leaves Australia, the person is not qualified for the concession card.\n (3) For the purposes of subsection (1), a person’s maximum non‑cancellation period is the shorter of the following periods:\n (a) the person’s period of absence;\n (b) the period of 13 weeks beginning on the day the person leaves Australia.\n\n#### 1061ZUC Extension cards\n\n (1) This section applies if:\n (a) a person qualifies for a concession card under the following section (the qualification section):\n (i) section 1061ZB, 1061ZC, 1061ZD, 1061ZE, 1061ZEB or 1061ZM;\n (ii) section 1061ZEA as a result of the operation of subsection 1061ZEA(2A); and\n (b) as a result of subsection 1061ZUB(1), the person’s qualification for the card is not affected by a period of absence; and\n (c) at the end of the period of 13 weeks mentioned in subsection 1061ZUB(2), the card is cancelled; and\n (d) after that time, the person returns to Australia; and\n (e) the person qualifies again for the card under the qualification section (and in the case of section 1061ZEA, the person qualifies as a result of the operation of subsection 1061ZEA(2A)); and\n (f) the period for which the person was qualified under the qualification section has not yet ended.\n (2) To avoid doubt, the person continues to qualify for the concession card until the end of the period for which the person was qualified under the qualification section (unless the person ceases to be qualified for the card at an earlier time).\n\nSocial Security (Administration) Act 1999\n\n13 Subclause 1(1) of Schedule 1 (definition of concession card)\n\nRepeal the definition.\n\nVeterans’ Entitlements Act 1986\n\n14 Paragraphs 118PA(1)(a) and (b)\n\nRepeal the paragraphs, substitute:\n\n (a) the person is the holder of a seniors health card; or\n\n15 Paragraph 118V(1)(e)\n\nRepeal the paragraph, substitute:\n\n (e) is either:\n (i) in Australia; or\n (ii) temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n16 At the end of subsection 118V(1)\n\nAdd:\n\n> Note 5: For temporarily see section 5Q.\n\n17 Paragraph 118V(1A)(d)\n\nRepeal the paragraph, substitute:\n\n (d) is either:\n (i) in Australia; or\n (ii) temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n18 Paragraph 118V(2)(e)\n\nRepeal the paragraph, substitute:\n\n (e) the person:\n (i) is in Australia; or\n (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n19 At the end of subsection 118V(2)\n\nAdd:\n\n> Note 6: For temporarily see section 5Q.\n\n20 Paragraph 118V(3)(e)\n\nRepeal the paragraph, substitute:\n\n (e) the person:\n (i) is in Australia; or\n (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n21 At the end of subsection 118V(3)\n\nAdd:\n\n> Note 6: For temporarily see section 5Q.\n\n \n\nPart 2—Amendments contingent on the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008\n\nDivision 1—Amendments if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 receives the Royal Assent on the same day or earlier\n\nVeterans’ Entitlements Act 1986\n\n22 At the end of subsection 118V(1A)\n\nAdd:\n\n> Note 5: For temporarily see section 5Q.\n\nDivision 2—Amendments if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 does not receive the Royal Assent on the same day or earlier\n\nVeterans’ Entitlements Act 1986\n\n23 At the end of subsection 118V(1A)\n\nAdd:\n\n> Note 3A: For temporarily see section 5Q.\n\nVeterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008\n\n24 Section 2\n\nRepeal the section, substitute:\n\n#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

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.

2. Schedule 1

1 July 2008.

1 July 2008

3. Schedule 2, items 1 to 37

1 July 2008.

1 July 2008

4. Schedule 2, item 38

Immediately after the commencement of item 23 of Schedule 5 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.

5. Schedule 2, item 39

1 July 2008.

1 July 2008

6. Schedule 3

1 July 2008.

1 July 2008

\n```\n\n> Note: 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\n \n\nPart 3—Application\n\n25 Application\n\nThe amendments made by this Schedule apply in relation to a person who leaves Australia on or after 1 July 2008.","sortOrder":3},{"sectionNumber":"93ZC","sectionType":"section","heading":"2008 one‑off payment to older Australians","content":"#### 93ZC 2008 one‑off payment to older Australians\n\n Qualified if this section applies\n (1) A person is qualified for a 2008 one‑off payment to older Australians if subsection (2), (3) or (4) applies to the person.\n Qualified because of income support payments\n (2) This subsection applies to a person if:\n (a) the person has reached pension age on or before 13 May 2008; and\n (b) the person was receiving an income support payment, other than service pension or income support supplement, in respect of an instalment period that includes 13 May 2008; and\n (c) the person was receiving that payment because of a claim the person made on or before 13 May 2008; and\n (d) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n Qualified because qualified for seniors concession allowance\n (3) This subsection applies to a person if:\n (a) on 13 May 2008, the person was qualified for seniors concession allowance under section 1061U; or\n (b) both:\n (i) on or before 13 May 2008, the person made a claim for a seniors health card under Division 1 of Part 3 of the Administration Act and had not withdrawn that claim on or before 13 May 2008; and\n (ii) on 13 May 2008, the person either was qualified for the card or would have been so qualified but for being temporarily absent from Australia for a continuous period not exceeding 13 weeks.\n Qualified because receiving certain allowances\n (4) This subsection applies to a person if:\n (a) the person was receiving a widow allowance, mature age allowance, partner allowance, wife pension or widow B pension in respect of an instalment period that includes 13 May 2008; and\n (b) the person was receiving that allowance or pension because of a claim the person made on or before 13 May 2008; and\n (c) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n One one‑off payment only\n (5) A person may receive one payment only under this section, regardless of how many times the person qualifies under this section.\n (6) Despite anything else in this section, a person is not qualified for a payment under this section if the person is eligible for a payment under section 118ZZL of the Veterans’ Entitlements Act.","sortOrder":4},{"sectionNumber":"93ZD","sectionType":"section","heading":"Amount of the one‑off payment","content":"#### 93ZD Amount of the one‑off payment\n\n The amount of the one‑off payment under section 93ZC is $500.\n\n2 Certain claims that would otherwise be taken to have been made on or before 13 May 2008\n\nFor the purposes of the provisions inserted by item 1, the following are to be disregarded:\n\n (a) the effect of section 12 of the Social Security (Administration) Act 1999, so far as it relates to a determination under that section that is made after 13 May 2008;\n (b) the effect of section 15 of the Social Security (Administration) Act 1999, so far as it relates to the Secretary becoming satisfied of a matter, as mentioned in that section, after 13 May 2008.\n\n3 At the end of subsection 1223ABAA(1)\n\nAdd:\n\n ; or (c) 2008 one‑off payment to older Australians under Division 4 of Part 2.2B.\n\n4 Subsection 1223ABAA(2)\n\nOmit “or 93ZA(2)”, substitute “, 93ZA(2) or 93ZC(2)”.\n\n5 Subsection 1223ABAA(2)\n\nOmit “or 93ZA(2)(b)”, substitute “, 93ZA(2)(b) or 93ZC(2)(b)”.\n\n6 Subsection 1223ABAA(3)\n\nOmit “or 93ZA(3)”, substitute “, 93ZA(3) or 93ZC(3)”.\n\n7 Subsection 1223ABAA(4)\n\nOmit “or 93ZA(4)”, substitute “, 93ZA(4) or 93ZC(4)”.\n\n8 Subsection 1223ABAA(4)\n\nOmit “or 93ZA(4)(a)”, substitute “, 93ZA(4)(a) or 93ZC(4)(a)”.\n\n9 At the end of subsection 1223ABAA(4A)\n\nAdd:\n\n ; or (c) for a payment of 2008 one‑off payment to older Australians—13 May 2008.\n\n10 Paragraph 1223ABAA(6)(a)\n\nOmit “or 93ZA(3)”, substitute “, 93ZA(3) or 93ZC(3)”.\n\nSocial Security (Administration) Act 1999\n\n11 At the end of section 12AAA\n\nAdd:\n\n ; or (c) 2008 one‑off payment to older Australians.\n\n12 Subsection 47(1) (after paragraph (gb) of the definition of lump sum benefit)\n\nInsert:\n\n (gc) 2008 one‑off payment to older Australians; or\n\n13 Sections 47AA and 47AB\n\nRepeal the sections, substitute:","sortOrder":5},{"sectionNumber":"47AA","sectionType":"section","heading":"Payment of one‑off payments to older Australians","content":"#### 47AA Payment of one‑off payments to older Australians\n\n (1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum:\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Secretary considers appropriate.\n (2) The payments are the following:\n (a) 2006 one‑off payment to older Australians;\n (b) 2007 one‑off payment to older Australians;\n (c) 2008 one‑off payment to older Australians.\n\n14 Application\n\nTo avoid doubt, the amendment made by item 13 does not entitle a person to a payment of 2006 one‑off payment to older Australians or 2007 one‑off payment to older Australians if such a payment has already been paid to the person under section 47AA or 47AB of the Social Security (Administration) Act 1999 (as in force before the commencement of this item).\n\nVeterans’ Entitlements Act 1986\n\n15 After Part VIIE\n\nInsert:","sortOrder":6},{"sectionNumber":"Part VIIF","sectionType":"part","heading":"2008 one‑off payment to older Australians","content":"## Part VIIF—2008 one‑off payment to older Australians","sortOrder":7},{"sectionNumber":"118ZZL","sectionType":"section","heading":"2008 one‑off payment to older Australians","content":"#### 118ZZL 2008 one‑off payment to older Australians\n\n Eligible if this section applies\n (1) A person is eligible for a 2008 one‑off payment to older Australians if subsection (2) or (3) applies to the person.\n Eligible because of income support payments\n (2) This subsection applies to a person if:\n (a) the person has reached qualifying age within the meaning of subsection 5Q(1) on or before 13 May 2008; and\n (b) a service pension or an income support supplement was payable to the person in respect of an instalment period that includes 13 May 2008; and\n (c) the pension or supplement was payable because of a claim the person made on or before 13 May 2008; and\n (d) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n Eligible because eligible for seniors concession allowance\n (3) This subsection applies to a person if:\n (a) on 13 May 2008, the person was eligible for seniors concession allowance under section 118PA; or\n (b) both:\n (i) on or before 13 May 2008, the person made a claim for a seniors health card under Division 2 of Part VIIC and had not withdrawn that claim on or before 13 May 2008; and\n (ii) on 13 May 2008, the person either was eligible for the card or would have been so eligible but for being temporarily absent from Australia for a continuous period not exceeding 13 weeks.\n One one‑off payment only\n (4) A person may receive one payment only under this section, regardless of how many times the person becomes eligible under this section.","sortOrder":8},{"sectionNumber":"118ZZM","sectionType":"section","heading":"Amount of the one‑off payment","content":"#### 118ZZM Amount of the one‑off payment\n\n The amount of the one‑off payment under section 118ZZL is $500.","sortOrder":9},{"sectionNumber":"118ZZN","sectionType":"section","heading":"Claim not required for 2008 one‑off payment to older Australians","content":"#### 118ZZN Claim not required for 2008 one‑off payment to older Australians\n\n A claim is not required for 2008 one‑off payment to older Australians.","sortOrder":10},{"sectionNumber":"118ZZO","sectionType":"section","heading":"Payment of 2008 one‑off payment to older Australians","content":"#### 118ZZO Payment of 2008 one‑off payment to older Australians\n\n If an individual is eligible for a 2008 one‑off payment to older Australians, the Commission must pay the payment to the individual in a single lump sum:\n (a) on the date that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Commission considers appropriate.","sortOrder":11},{"sectionNumber":"118ZZP","sectionType":"section","heading":"Debts arising in respect of 2008 one‑off payment to older Australians","content":"#### 118ZZP Debts arising in respect of 2008 one‑off payment to older Australians\n\n (1) This section applies in relation to an individual who has been paid a 2008 one‑off payment to older Australians (the relevant payment) under this Part.\n (2) If the individual was eligible for the relevant payment because of subsection 118ZZL(2), a relevant determination is a determination made under Part III or Part IIIA because of which the pension or supplement referred to in paragraph 118ZZL(2)(b) was payable.\n (3) If the individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of holding or having held a seniors health card, a relevant determination is a determination made under this Act because of which the person became the holder of the card.\n (4) If:\n (a) after the relevant payment was made to the individual, a relevant determination in relation to the individual, at least so far as it relates to 13 May 2008 or to a period that includes that day, is or was (however described) changed, revoked, set aside or superseded by another determination; and\n (b) the decision to change, revoke, set aside or supersede the relevant determination is or was made for the reason, or for reasons including the reason, that the individual knowingly made a false or misleading statement, or knowingly provided false information; and\n (c) had the change, revocation, setting aside or superseding occurred on or before 13 May 2008, the relevant payment would not have been made;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (5) If:\n (a) an individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of having claimed a seniors health card; and\n (b) the individual knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and\n (c) but for that statement or information, the relevant payment would not have been paid to the individual;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (6) If:\n (a) an individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of holding or having held a gold card; and\n (b) the individual knowingly made a false or misleading statement, or knowingly provided false information, that resulted (directly or indirectly) in the individual becoming the holder of the gold card; and\n (c) but for that statement or information, the relevant payment would not have been paid to the individual;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (7) The other provisions of this Act under which debts arise do not apply in relation to payments to which this section applies.\n (8) A debt that arises under this section is a recoverable amount within the meaning of subsection 205(8).\n\n \n\nPart 2—Related amendments\n\nIncome Tax Assessment Act 1936\n\n16 Subsection 159J(6) (after paragraph (adad) of the definition of separate net income)\n\nInsert:\n\n (adae) does not include 2008 one‑off payment to older Australians under the Social Security Act 1991 or the Veterans’ Entitlements Act 1986; and\n (adaf) does not include payments to older Australians under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008; and\n\nIncome Tax Assessment Act 1997\n\n17 Section 11‑15 (table item headed “social security or like payments”)\n\nAfter:\n\n| payments under the scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007............................................................................ | 52‑65 |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n\ninsert:\n\n| 2008 one‑off payment to older Australians under the Social Security Act 1991 | 52‑10 |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n| payments under a scheme determined under item 1 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑10 |\n| 2008 one‑off payment to older Australians under the Veterans’ Entitlements Act 1986 | 52‑65 |\n| payments under the scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑65 |\n\n18 After paragraph 52‑10(1)(baa)\n\nInsert:\n\n (bab) 2008 one‑off payment to older Australians; or\n\n19 Subsection 52‑10(1B)\n\nAfter “aged under”, insert “Division 1 of”.\n\n20 Subsections 52‑10(1CA) and (1CAA)\n\nRepeal the subsections, substitute:\n\n (1CA) The following payments under the Social Security Act 1991 are exempt from income tax:\n (a) 2006 one‑off payment to older Australians (see Division 2 of Part 2.2B of that Act);\n (b) 2007 one‑off payment to older Australians (see Division 3 of Part 2.2B of that Act);\n (c) 2008 one‑off payment to older Australians (see Division 4 of Part 2.2B of that Act).\n\n21 At the end of subsection 52‑10(1CB)\n\nAdd:\n\n ; (c) a scheme determined under item 1 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n22 After paragraph 52‑65(1)(ba)\n\nInsert:\n\n (bb) 2008 one‑off payment to older Australians; or\n\n23 Subsections 52‑65(1B) and (1BA)\n\nRepeal the subsections, substitute:\n\n (1B) The following one‑off payments under the Veterans’ Entitlements Act 1986 are exempt from income tax:\n (a) 2006 one‑off payment to older Australians under Part VIID;\n (b) 2007 one‑off payment to older Australians under Part VIIE;\n (c) 2008 one‑off payment to older Australians under Part VIIF.\n\n24 At the end of subsection 52‑65(1C)\n\nAdd:\n\n ; (c) a scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n25 Section 52‑75 (after table item 1B)\n\nInsert:\n\n| 1C | 2008 one‑off payment to older Australians | Part VIIF | Not applicable |\n| --- | ----------------------------------------- | --------- | -------------- |\n\nSocial Security Act 1991\n\n26 After paragraph 8(8)(ye)\n\nInsert:\n\n (yf) 2008 one‑off payment to older Australians under the Veterans’ Entitlements Act;\n (yg) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n27 Part 2.2B (heading)\n\nRepeal the heading, substitute:","sortOrder":12},{"sectionNumber":"Part 2.2B","sectionType":"part","heading":"—One‑off payments to the aged and older Australians","content":"## Part 2.2B—One‑off payments to the aged and older Australians\n\n28 Before section 93X\n\nInsert:","sortOrder":13},{"sectionNumber":"Division 1","sectionType":"division","heading":"One‑off payment to the aged","content":"### Division 1—One‑off payment to the aged\n\n29 Part 2.2C (heading)\n\nRepeal the heading.\n\n30 Before section 93Y\n\nInsert:","sortOrder":14},{"sectionNumber":"Division 2","sectionType":"division","heading":"2006 one‑off payment to older Australians","content":"### Division 2—2006 one‑off payment to older Australians\n\n31 Part 2.2D (heading)\n\nRepeal the heading.\n\n32 Before section 93ZA\n\nInsert:","sortOrder":15},{"sectionNumber":"Division 3","sectionType":"division","heading":"2007 one‑off payment to older Australians","content":"### Division 3—2007 one‑off payment to older Australians\n\n33 Paragraph 1223ABAA(1)(a)\n\nOmit “Part 2.2C”, substitute “Division 2 of Part 2.2B”.\n\n34 Paragraph 1223ABAA(1)(b)\n\nOmit “Part 2.2D”, substitute “Division 3 of Part 2.2B”.\n\nSocial Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007\n\n35 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Part 2.2D”, substitute “Division 3 of Part 2.2.B”.\n\nSocial Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006\n\n36 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Part 2.2C”, substitute “Division 2 of Part 2.2B”.\n\nVeterans’ Entitlements Act 1986\n\n37 After paragraph 5H(8)(zzad)\n\nInsert:\n\n (zzae) 2008 one‑off payment to older Australians under Part VIIF;\n (zzaf) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n \n\nSchedule 2—Administrative schemes for 2008 one‑off payments to older Australians\n\n1 Administrative scheme for 2008 one‑off payments to older Australians (social security)\n\n(1) Subject to this item, a Minister administering provisions of the Social Security Act 1991 may, by legislative instrument, determine a scheme under which one‑off payments may be made to older Australians in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\nNote: Because there is more than one Minister administering provisions of the Social Security Act 1991, there may be more than one scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Division 4 of Part 2.2B of the Social Security Act 1991 does not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 1223ABAA of the Social Security Act 1991;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n2 Administrative scheme for 2008 one‑off payments to older Australians (veterans)\n\n(1) Subject to this item, the Minister administering the Veterans’ Entitlements Act 1986 may, by legislative instrument, determine a scheme under which one‑off payments may be made to older Australians in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Part VIIF of the Veterans’ Entitlements Act 1986 does not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 118ZZP of the Veterans’ Entitlements Act 1986;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n \n\nSchedule 3—2008 one‑off payments to carers\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 At the end of Part 2.5A\n\nAdd:","sortOrder":16},{"sectionNumber":"Division 12","sectionType":"division","heading":"2008 one‑off payment to carers eligible for carer payment","content":"An Act to amend the law relating to social security and veterans’ entitlements, and for other purposes\n\n\\[Assented to 26 May 2008\\]\n\nThe Parliament of Australia enacts:\n\n#### 1 Short title\n\n This Act may be cited as the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

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.

26 May 2008

2. Schedule 1, Part 1

Immediately after the commencement of the provision(s) covered by table item 3.

26 May 2008

3. Schedule 1, Part 2

The day on which this Act receives the Royal Assent.

26 May 2008

4. Schedule 2

The day on which this Act receives the Royal Assent.

26 May 2008

5. Schedule 3, Part 1

Immediately after the commencement of the provision(s) covered by table item 6.

26 May 2008

6. Schedule 3, Part 2

The day on which this Act receives the Royal Assent.

26 May 2008

7. Schedule 4

The day on which this Act receives the Royal Assent.

26 May 2008

8. Schedule 5, Part 1

1 July 2008.

1 July 2008

9. Schedule 5, Part 2, Division 1

Immediately after the commencement of item 38 of Schedule 2 to the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008.

However, the provision(s) do not commence at all if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 does not receive the Royal Assent on or before the day on which this Act receives the Royal Assent.

Does not commence

10. Schedule 5, item 23

1 July 2008.

However, the provision(s) do not commence at all if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 receives the Royal Assent on or before the day on which this Act receives the Royal Assent.

1 July 2008

11. Schedule 5, item 24

Immediately before the commencement of section 2 of the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008.

However, the provision(s) do not commence at all if that Act receives the Royal Assent on or before the day on which this Act receives the Royal Assent.

1 July 2008

12. Schedule 5, Part 3

1 July 2008.

1 July 2008

\n```\n\n> Note: 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\n#### 3 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\nSchedule 1—2008 one‑off payments to older Australians\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 At the end of Part 2.2B\n\nAdd:\n\n### Division 4—2008 one‑off payment to older Australians\n\n#### 93ZC 2008 one‑off payment to older Australians\n\n Qualified if this section applies\n (1) A person is qualified for a 2008 one‑off payment to older Australians if subsection (2), (3) or (4) applies to the person.\n Qualified because of income support payments\n (2) This subsection applies to a person if:\n (a) the person has reached pension age on or before 13 May 2008; and\n (b) the person was receiving an income support payment, other than service pension or income support supplement, in respect of an instalment period that includes 13 May 2008; and\n (c) the person was receiving that payment because of a claim the person made on or before 13 May 2008; and\n (d) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n Qualified because qualified for seniors concession allowance\n (3) This subsection applies to a person if:\n (a) on 13 May 2008, the person was qualified for seniors concession allowance under section 1061U; or\n (b) both:\n (i) on or before 13 May 2008, the person made a claim for a seniors health card under Division 1 of Part 3 of the Administration Act and had not withdrawn that claim on or before 13 May 2008; and\n (ii) on 13 May 2008, the person either was qualified for the card or would have been so qualified but for being temporarily absent from Australia for a continuous period not exceeding 13 weeks.\n Qualified because receiving certain allowances\n (4) This subsection applies to a person if:\n (a) the person was receiving a widow allowance, mature age allowance, partner allowance, wife pension or widow B pension in respect of an instalment period that includes 13 May 2008; and\n (b) the person was receiving that allowance or pension because of a claim the person made on or before 13 May 2008; and\n (c) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n One one‑off payment only\n (5) A person may receive one payment only under this section, regardless of how many times the person qualifies under this section.\n (6) Despite anything else in this section, a person is not qualified for a payment under this section if the person is eligible for a payment under section 118ZZL of the Veterans’ Entitlements Act.\n\n#### 93ZD Amount of the one‑off payment\n\n The amount of the one‑off payment under section 93ZC is $500.\n\n2 Certain claims that would otherwise be taken to have been made on or before 13 May 2008\n\nFor the purposes of the provisions inserted by item 1, the following are to be disregarded:\n\n (a) the effect of section 12 of the Social Security (Administration) Act 1999, so far as it relates to a determination under that section that is made after 13 May 2008;\n (b) the effect of section 15 of the Social Security (Administration) Act 1999, so far as it relates to the Secretary becoming satisfied of a matter, as mentioned in that section, after 13 May 2008.\n\n3 At the end of subsection 1223ABAA(1)\n\nAdd:\n\n ; or (c) 2008 one‑off payment to older Australians under Division 4 of Part 2.2B.\n\n4 Subsection 1223ABAA(2)\n\nOmit “or 93ZA(2)”, substitute “, 93ZA(2) or 93ZC(2)”.\n\n5 Subsection 1223ABAA(2)\n\nOmit “or 93ZA(2)(b)”, substitute “, 93ZA(2)(b) or 93ZC(2)(b)”.\n\n6 Subsection 1223ABAA(3)\n\nOmit “or 93ZA(3)”, substitute “, 93ZA(3) or 93ZC(3)”.\n\n7 Subsection 1223ABAA(4)\n\nOmit “or 93ZA(4)”, substitute “, 93ZA(4) or 93ZC(4)”.\n\n8 Subsection 1223ABAA(4)\n\nOmit “or 93ZA(4)(a)”, substitute “, 93ZA(4)(a) or 93ZC(4)(a)”.\n\n9 At the end of subsection 1223ABAA(4A)\n\nAdd:\n\n ; or (c) for a payment of 2008 one‑off payment to older Australians—13 May 2008.\n\n10 Paragraph 1223ABAA(6)(a)\n\nOmit “or 93ZA(3)”, substitute “, 93ZA(3) or 93ZC(3)”.\n\nSocial Security (Administration) Act 1999\n\n11 At the end of section 12AAA\n\nAdd:\n\n ; or (c) 2008 one‑off payment to older Australians.\n\n12 Subsection 47(1) (after paragraph (gb) of the definition of lump sum benefit)\n\nInsert:\n\n (gc) 2008 one‑off payment to older Australians; or\n\n13 Sections 47AA and 47AB\n\nRepeal the sections, substitute:\n\n#### 47AA Payment of one‑off payments to older Australians\n\n (1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum:\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Secretary considers appropriate.\n (2) The payments are the following:\n (a) 2006 one‑off payment to older Australians;\n (b) 2007 one‑off payment to older Australians;\n (c) 2008 one‑off payment to older Australians.\n\n14 Application\n\nTo avoid doubt, the amendment made by item 13 does not entitle a person to a payment of 2006 one‑off payment to older Australians or 2007 one‑off payment to older Australians if such a payment has already been paid to the person under section 47AA or 47AB of the Social Security (Administration) Act 1999 (as in force before the commencement of this item).\n\nVeterans’ Entitlements Act 1986\n\n15 After Part VIIE\n\nInsert:\n\n## Part VIIF—2008 one‑off payment to older Australians\n\n#### 118ZZL 2008 one‑off payment to older Australians\n\n Eligible if this section applies\n (1) A person is eligible for a 2008 one‑off payment to older Australians if subsection (2) or (3) applies to the person.\n Eligible because of income support payments\n (2) This subsection applies to a person if:\n (a) the person has reached qualifying age within the meaning of subsection 5Q(1) on or before 13 May 2008; and\n (b) a service pension or an income support supplement was payable to the person in respect of an instalment period that includes 13 May 2008; and\n (c) the pension or supplement was payable because of a claim the person made on or before 13 May 2008; and\n (d) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n Eligible because eligible for seniors concession allowance\n (3) This subsection applies to a person if:\n (a) on 13 May 2008, the person was eligible for seniors concession allowance under section 118PA; or\n (b) both:\n (i) on or before 13 May 2008, the person made a claim for a seniors health card under Division 2 of Part VIIC and had not withdrawn that claim on or before 13 May 2008; and\n (ii) on 13 May 2008, the person either was eligible for the card or would have been so eligible but for being temporarily absent from Australia for a continuous period not exceeding 13 weeks.\n One one‑off payment only\n (4) A person may receive one payment only under this section, regardless of how many times the person becomes eligible under this section.\n\n#### 118ZZM Amount of the one‑off payment\n\n The amount of the one‑off payment under section 118ZZL is $500.\n\n#### 118ZZN Claim not required for 2008 one‑off payment to older Australians\n\n A claim is not required for 2008 one‑off payment to older Australians.\n\n#### 118ZZO Payment of 2008 one‑off payment to older Australians\n\n If an individual is eligible for a 2008 one‑off payment to older Australians, the Commission must pay the payment to the individual in a single lump sum:\n (a) on the date that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Commission considers appropriate.\n\n#### 118ZZP Debts arising in respect of 2008 one‑off payment to older Australians\n\n (1) This section applies in relation to an individual who has been paid a 2008 one‑off payment to older Australians (the relevant payment) under this Part.\n (2) If the individual was eligible for the relevant payment because of subsection 118ZZL(2), a relevant determination is a determination made under Part III or Part IIIA because of which the pension or supplement referred to in paragraph 118ZZL(2)(b) was payable.\n (3) If the individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of holding or having held a seniors health card, a relevant determination is a determination made under this Act because of which the person became the holder of the card.\n (4) If:\n (a) after the relevant payment was made to the individual, a relevant determination in relation to the individual, at least so far as it relates to 13 May 2008 or to a period that includes that day, is or was (however described) changed, revoked, set aside or superseded by another determination; and\n (b) the decision to change, revoke, set aside or supersede the relevant determination is or was made for the reason, or for reasons including the reason, that the individual knowingly made a false or misleading statement, or knowingly provided false information; and\n (c) had the change, revocation, setting aside or superseding occurred on or before 13 May 2008, the relevant payment would not have been made;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (5) If:\n (a) an individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of having claimed a seniors health card; and\n (b) the individual knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and\n (c) but for that statement or information, the relevant payment would not have been paid to the individual;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (6) If:\n (a) an individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of holding or having held a gold card; and\n (b) the individual knowingly made a false or misleading statement, or knowingly provided false information, that resulted (directly or indirectly) in the individual becoming the holder of the gold card; and\n (c) but for that statement or information, the relevant payment would not have been paid to the individual;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (7) The other provisions of this Act under which debts arise do not apply in relation to payments to which this section applies.\n (8) A debt that arises under this section is a recoverable amount within the meaning of subsection 205(8).\n\n \n\nPart 2—Related amendments\n\nIncome Tax Assessment Act 1936\n\n16 Subsection 159J(6) (after paragraph (adad) of the definition of separate net income)\n\nInsert:\n\n (adae) does not include 2008 one‑off payment to older Australians under the Social Security Act 1991 or the Veterans’ Entitlements Act 1986; and\n (adaf) does not include payments to older Australians under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008; and\n\nIncome Tax Assessment Act 1997\n\n17 Section 11‑15 (table item headed “social security or like payments”)\n\nAfter:\n\n| payments under the scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007............................................................................ | 52‑65 |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n\ninsert:\n\n| 2008 one‑off payment to older Australians under the Social Security Act 1991 | 52‑10 |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n| payments under a scheme determined under item 1 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑10 |\n| 2008 one‑off payment to older Australians under the Veterans’ Entitlements Act 1986 | 52‑65 |\n| payments under the scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑65 |\n\n18 After paragraph 52‑10(1)(baa)\n\nInsert:\n\n (bab) 2008 one‑off payment to older Australians; or\n\n19 Subsection 52‑10(1B)\n\nAfter “aged under”, insert “Division 1 of”.\n\n20 Subsections 52‑10(1CA) and (1CAA)\n\nRepeal the subsections, substitute:\n\n (1CA) The following payments under the Social Security Act 1991 are exempt from income tax:\n (a) 2006 one‑off payment to older Australians (see Division 2 of Part 2.2B of that Act);\n (b) 2007 one‑off payment to older Australians (see Division 3 of Part 2.2B of that Act);\n (c) 2008 one‑off payment to older Australians (see Division 4 of Part 2.2B of that Act).\n\n21 At the end of subsection 52‑10(1CB)\n\nAdd:\n\n ; (c) a scheme determined under item 1 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n22 After paragraph 52‑65(1)(ba)\n\nInsert:\n\n (bb) 2008 one‑off payment to older Australians; or\n\n23 Subsections 52‑65(1B) and (1BA)\n\nRepeal the subsections, substitute:\n\n (1B) The following one‑off payments under the Veterans’ Entitlements Act 1986 are exempt from income tax:\n (a) 2006 one‑off payment to older Australians under Part VIID;\n (b) 2007 one‑off payment to older Australians under Part VIIE;\n (c) 2008 one‑off payment to older Australians under Part VIIF.\n\n24 At the end of subsection 52‑65(1C)\n\nAdd:\n\n ; (c) a scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n25 Section 52‑75 (after table item 1B)\n\nInsert:\n\n| 1C | 2008 one‑off payment to older Australians | Part VIIF | Not applicable |\n| --- | ----------------------------------------- | --------- | -------------- |\n\nSocial Security Act 1991\n\n26 After paragraph 8(8)(ye)\n\nInsert:\n\n (yf) 2008 one‑off payment to older Australians under the Veterans’ Entitlements Act;\n (yg) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n27 Part 2.2B (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.2B—One‑off payments to the aged and older Australians\n\n28 Before section 93X\n\nInsert:\n\n### Division 1—One‑off payment to the aged\n\n29 Part 2.2C (heading)\n\nRepeal the heading.\n\n30 Before section 93Y\n\nInsert:\n\n### Division 2—2006 one‑off payment to older Australians\n\n31 Part 2.2D (heading)\n\nRepeal the heading.\n\n32 Before section 93ZA\n\nInsert:\n\n### Division 3—2007 one‑off payment to older Australians\n\n33 Paragraph 1223ABAA(1)(a)\n\nOmit “Part 2.2C”, substitute “Division 2 of Part 2.2B”.\n\n34 Paragraph 1223ABAA(1)(b)\n\nOmit “Part 2.2D”, substitute “Division 3 of Part 2.2B”.\n\nSocial Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007\n\n35 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Part 2.2D”, substitute “Division 3 of Part 2.2.B”.\n\nSocial Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006\n\n36 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Part 2.2C”, substitute “Division 2 of Part 2.2B”.\n\nVeterans’ Entitlements Act 1986\n\n37 After paragraph 5H(8)(zzad)\n\nInsert:\n\n (zzae) 2008 one‑off payment to older Australians under Part VIIF;\n (zzaf) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n \n\nSchedule 2—Administrative schemes for 2008 one‑off payments to older Australians\n\n1 Administrative scheme for 2008 one‑off payments to older Australians (social security)\n\n(1) Subject to this item, a Minister administering provisions of the Social Security Act 1991 may, by legislative instrument, determine a scheme under which one‑off payments may be made to older Australians in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\nNote: Because there is more than one Minister administering provisions of the Social Security Act 1991, there may be more than one scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Division 4 of Part 2.2B of the Social Security Act 1991 does not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 1223ABAA of the Social Security Act 1991;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n2 Administrative scheme for 2008 one‑off payments to older Australians (veterans)\n\n(1) Subject to this item, the Minister administering the Veterans’ Entitlements Act 1986 may, by legislative instrument, determine a scheme under which one‑off payments may be made to older Australians in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Part VIIF of the Veterans’ Entitlements Act 1986 does not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 118ZZP of the Veterans’ Entitlements Act 1986;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n \n\nSchedule 3—2008 one‑off payments to carers\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 At the end of Part 2.5A\n\nAdd:\n\n### Division 12—2008 one‑off payment to carers eligible for carer payment\n\n#### 269 2008 one‑off payment to carers (carer payment related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer payment related) if:\n (a) the person has been paid an instalment of carer payment in respect of a period that includes 13 May 2008; and\n (b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 270 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 13—2008 one‑off payment to carers eligible for wife pension\n\n#### 271 2008 one‑off payment to carers (wife pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (wife pension related) if:\n (a) the person:\n (i) has been paid an instalment of wife pension in respect of a period that includes 13 May 2008; and\n (ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and\n (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (i) the instalment was in respect of a period that includes 13 May 2008;\n (ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 272 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 14—2008 one‑off payment to carers eligible for partner service pension\n\n#### 273 2008 one‑off payment to carers (partner service pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (partner service pension related) if:\n (a) the person:\n (i) has been paid an instalment of partner service pension under Part III of the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and\n (ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and\n (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (i) the instalment was in respect of a period that includes 13 May 2008;\n (ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 274 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 15—2008 one‑off payment to carers eligible for carer service pension\n\n#### 275 2008 one‑off payment to carers (carer service pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer service pension related) if:\n (a) the person has been paid an instalment of carer service pension as a result of the operation of subclause 8(2) or (4) of Schedule 5 to the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and\n (b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 276 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n2 At the end of Part 2.19A\n\nAdd:\n\n### Division 5—2008 one‑off payment to carers eligible for carer allowance\n\n#### 992WD 2008 one‑off payment to carers (carer allowance related)\n\n (1) A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (a) the instalment was in respect of a period that includes 13 May 2008;\n (b) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (c) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n (2) For the purposes of this Part, the instalment, or each instalment, in relation to which paragraphs (1)(a), (b) and (c) are satisfied is a qualifying instalment.\n\n#### 992WE Eligible care receivers\n\n (1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.\n (2) If subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.\n\n#### 992WF Amount of the one‑off payment\n\n Add together the amounts applicable under this section for each eligible care receiver\n (1) The amount of the one‑off payment to the qualified person is worked out by adding together the amounts applicable under this section for each eligible care receiver.\n Amount is $600 unless subsection (3) applies\n (2) Subject to subsection (3), the amount applicable for an eligible care receiver is $600.\n Reduced amount if instalment rate took account of a subsection 981(1) determination\n (3) If the rate at which a qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver, the amount applicable for the eligible care receiver is that share of $600.\n\n3 Certain claims that would otherwise be taken to have been made on or before 13 May 2008\n\nFor the purposes of the provisions inserted by items 1 and 2, the following are to be disregarded:\n\n (a) the effect of section 12 of the Social Security (Administration) Act 1999, so far as it relates to a determination under that section that is made after 13 May 2008;\n (b) the effect of section 15 of the Social Security (Administration) Act 1999, so far as it relates to the Secretary becoming satisfied of a matter, as mentioned in that section, after 13 May 2008.\n\n4 At the end of subsection 1223ABA(1)\n\nAdd:\n\n ; or (p) 2008 one‑off payment to carers (carer payment related); or\n (q) 2008 one‑off payment to carers (wife pension related); or\n (r) 2008 one‑off payment to carers (partner service pension related); or\n (s) 2008 one‑off payment to carers (carer service pension related); or\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n5 After subsection 1223ABA(3CJ)\n\nInsert:\n\n (3CK) If the relevant payment is a payment of 2008 one‑off payment to carers (carer payment related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the instalment of carer payment referred to in section 269 of this Act was paid.\n (3CL) If the relevant payment is a payment of 2008 one‑off payment to carers (wife pension related), a relevant determination is:\n (a) a determination made under Part 3 of the Administration Act because of which the instalment of wife pension referred to in section 271 of this Act was paid; or\n (b) a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 271 of this Act was paid.\n (3CM) If the relevant payment is a payment of 2008 one‑off payment to carers (partner service pension related), a relevant determination is:\n (a) a determination made under the Veterans’ Entitlements Act because of which the instalment of partner service pension referred to in section 273 of this Act was paid; or\n (b) a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 273 of this Act was paid.\n (3CN) If the relevant payment is a payment of 2008 one‑off payment to carers (carer service pension related), a relevant determination is a determination made under the Veterans’ Entitlements Act because of which the instalment of carer service pension referred to in section 275 of this Act was paid.\n (3CO) If the relevant payment is a payment of 2008 one‑off payment to carers (carer allowance related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 992WD of this Act was paid.\n\n6 At the end of subsection 1223ABA(3D)\n\nAdd:\n\n ; or (e) 13 May 2008, if the relevant payment is a payment of:\n (i) 2008 one‑off payment to carers (carer payment related); or\n (ii) 2008 one‑off payment to carers (wife pension related); or\n (iii) 2008 one‑off payment to carers (partner service pension related); or\n (iv) 2008 one‑off payment to carers (carer service pension related); or\n (v) 2008 one‑off payment to carers (carer allowance related).\n\nSocial Security (Administration) Act 1999\n\n7 Sections 12AA to 12AD\n\nRepeal the sections, substitute:\n\n#### 12AA One‑off payments to carers\n\n A claim is not required for the following:\n (a) one‑off payment to carers (carer allowance related);\n (b) one‑off payment to carers (carer payment related);\n (c) 2005 one‑off payment to carers (carer payment related);\n (d) 2005 one‑off payment to carers (carer service pension related);\n (e) 2005 one‑off payment to carers (carer allowance related);\n (f) 2006 one‑off payment to carers (carer payment related);\n (g) 2006 one‑off payment to carers (wife pension related);\n (h) 2006 one‑off payment to carers (partner service pension related);\n (i) 2006 one‑off payment to carers (carer service pension related);\n (j) 2006 one‑off payment to carers (carer allowance related);\n (k) 2007 one‑off payment to carers (carer payment related);\n (l) 2007 one‑off payment to carers (wife pension related);\n (m) 2007 one‑off payment to carers (partner service pension related);\n (n) 2007 one‑off payment to carers (carer service pension related);\n (o) 2007 one‑off payment to carers (carer allowance related);\n (p) 2008 one‑off payment to carers (carer payment related);\n (q) 2008 one‑off payment to carers (wife pension related);\n (r) 2008 one‑off payment to carers (partner service pension related);\n (s) 2008 one‑off payment to carers (carer service pension related);\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n8 Subsection 47(1) (after paragraph (hn) of the definition of lump sum benefit)\n\nInsert:\n\n (ho) 2008 one‑off payment to carers (carer payment related); or\n (hp) 2008 one‑off payment to carers (wife pension related); or\n (hq) 2008 one‑off payment to carers (partner service pension related); or\n (hr) 2008 one‑off payment to carers (carer service pension related); or\n (hs) 2008 one‑off payment to carers (carer allowance related); or\n\n9 Sections 47B to 47E\n\nRepeal the sections, substitute:\n\n#### 47B Payment of one‑off payments to carers\n\n (1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum:\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Secretary considers appropriate.\n (2) The payments are the following:\n (a) one‑off payment to carers (carer allowance related);\n (b) one‑off payment to carers (carer payment related);\n (c) 2005 one‑off payment to carers (carer payment related);\n (d) 2005 one‑off payment to carers (carer service pension related);\n (e) 2005 one‑off payment to carers (carer allowance related);\n (f) 2006 one‑off payment to carers (carer payment related);\n (g) 2006 one‑off payment to carers (wife pension related);\n (h) 2006 one‑off payment to carers (partner service pension related);\n (i) 2006 one‑off payment to carers (carer service pension related);\n (j) 2006 one‑off payment to carers (carer allowance related);\n (k) 2007 one‑off payment to carers (carer payment related);\n (l) 2007 one‑off payment to carers (wife pension related);\n (m) 2007 one‑off payment to carers (partner service pension related);\n (n) 2007 one‑off payment to carers (carer service pension related);\n (o) 2007 one‑off payment to carers (carer allowance related);\n (p) 2008 one‑off payment to carers (carer payment related);\n (q) 2008 one‑off payment to carers (wife pension related);\n (r) 2008 one‑off payment to carers (partner service pension related);\n (s) 2008 one‑off payment to carers (carer service pension related);\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n10 Application\n\nTo avoid doubt, the amendment made by item 9 does not entitle a person to a payment mentioned in paragraphs 47B(2)(a) to (o) of the Social Security (Administration) Act 1999 (as inserted by item 9) if such a payment has already been paid to the person under section 47B, 47C, 47D or 47E of the that Act (as in force before the commencement of this item).\n\n \n\nPart 2—Related amendments\n\nIncome Tax Assessment Act 1936\n\n11 Subsection 159J(6) (subparagraph (ad)(xvi) of the definition of separate net income)\n\nOmit “and”.\n\n12 Subsection 159J(6) (at the end of paragraph (ad) of the definition of separate net income)\n\nAdd:\n\n (xvii) 2008 one‑off payment to carers (carer payment related);\n (xviii) 2008 one‑off payment to carers (wife pension related);\n (xix) 2008 one‑off payment to carers (partner service pension related);\n (xx) 2008 one‑off payment to carers (carer service pension related);\n (xxi) 2008 one‑off payment to carers (carer allowance related); and\n\n13 Subsection 159J(6) (after paragraph (add) of the definition of separate net income)\n\nInsert:\n\n (ade) does not include payments to carers under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008; and\n\nIncome Tax Assessment Act 1997\n\n14 Section 11‑15 (table item headed “social security or like payments”)\n\nAfter:\n\n| payments under the scheme determined under Schedule 4 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007............................................................................ | 52‑10 |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n\ninsert:\n\n| 2008 one‑off payment to carers (carer payment related), 2008 one‑off payment to carers (wife pension related), 2008 one‑off payment to carers (partner service pension related), 2008 one‑off payment to carers (carer service pension related) or 2008 one‑off payment to carers (carer allowance related) | 52‑10 |\n| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n| payments under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑10 |\n\n15 Paragraph 52‑10(1)(r)\n\nRepeal the paragraph, substitute:\n\n (r) 2008 one‑off payment to carers (carer payment related); or\n (s) 2008 one‑off payment to carers (wife pension related); or\n (t) 2008 one‑off payment to carers (partner service pension related); or\n (u) 2008 one‑off payment to carers (carer service pension related); or\n (v) 2008 one‑off payment to carers (carer allowance related); or\n (w) payments under a scheme referred to in subsection (1E).\n\n16 Paragraph 52‑10(1D)(a)\n\nOmit “Part 2.5A”, substitute “Division 1 of Part 2.5A”.\n\n17 Paragraph 52‑10(1D)(b)\n\nOmit “Part 2.19A”, substitute “Division 1 of Part 2.19A”.\n\n18 Paragraph 52‑10(1D)(c)\n\nOmit “Part 2.5B”, substitute “Division 2 of Part 2.5A”.\n\n19 Paragraph 52‑10(1D)(d)\n\nOmit “Part 2.5C”, substitute “Division 3 of Part 2.5A”.\n\n20 Paragraph 52‑10(1D)(e)\n\nOmit “Part 2.19B”, substitute “Division 2 of Part 2.19A”.\n\n21 Paragraph 52‑10(1D)(f)\n\nOmit “Part 2.5D”, substitute “Division 4 of Part 2.5A”.\n\n22 Paragraph 52‑10(1D)(g)\n\nOmit “Part 2.5E”, substitute “Division 5 of Part 2.5A”.\n\n23 Paragraph 52‑10(1D)(h)\n\nOmit “Part 2.5F”, substitute “Division 6 of Part 2.5A”.\n\n24 Paragraph 52‑10(1D)(i)\n\nOmit “Part 2.5G”, substitute “Division 7 of Part 2.5A”.\n\n25 Paragraph 52‑10(1D)(j)\n\nOmit “Part 2.19C”, substitute “Division 3 of Part 2.19A”.\n\n26 Paragraph 52‑10(1D)(k)\n\nOmit “Part 2.5H”, substitute “Division 8 of Part 2.5A”.\n\n27 Paragraph 52‑10(1D)(l)\n\nOmit “Part 2.5J”, substitute “Division 9 of Part 2.5A”.\n\n28 Paragraph 52‑10(1D)(m)\n\nOmit “Part 2.5K”, substitute “Division 10 of Part 2.5A”.\n\n29 Paragraph 52‑10(1D)(n)\n\nOmit “Part 2.5L”, substitute “Division 11 of Part 2.5A”.\n\n30 Paragraph 52‑10(1D)(o)\n\nOmit “Part 2.19D”, substitute “Division 4 of Part 2.19A”.\n\n31 At the end of subsection 52‑10(1D)\n\nAdd:\n\n ; (p) 2008 one‑off payment to carers (carer payment related) (see Division 12 of Part 2.5A of that Act);\n (q) 2008 one‑off payment to carers (wife pension related) (see Division 13 of Part 2.5A of that Act);\n (r) 2008 one‑off payment to carers (partner service pension related) (see Division 14 of Part 2.5A of that Act);\n (s) 2008 one‑off payment to carers (carer service pension related) (see Division 15 of Part 2.5A of that Act);\n (t) 2008 one‑off payment to carers (carer allowance related) (see Division 5 of Part 2.19A of that Act).\n\n32 At the end of subsection 52‑10(1E)\n\nAdd:\n\n ; (e) a scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\nSocial Security Act 1991\n\n33 After paragraph 8(8)(jae)\n\nInsert:\n\n (jaf) a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n34 Part 2.5A (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.5A—One‑off payments to carers eligible for carer payment\n\n35 Before section 247\n\nInsert:\n\n### Division 1—One‑off payment to carers eligible for carer payment\n\n36 Section 247 (note)\n\nOmit “Part 2.19A”, substitute “Division 1 of Part 2.19A”.\n\n37 Part 2.5B (heading)\n\nRepeal the heading.\n\n38 Before section 249\n\nInsert:\n\n### Division 2—2005 one‑off payment to carers eligible for carer payment\n\n39 Section 249 (note)\n\nOmit “Part 2.19B”, substitute “Division 2 of Part 2.19A”.\n\n40 Part 2.5C (heading)\n\nRepeal the heading.\n\n41 Before section 251\n\nInsert:\n\n### Division 3—2005 one‑off payment to carers eligible for carer service pension\n\n42 Part 2.5D (heading)\n\nRepeal the heading.\n\n43 Before section 253\n\nInsert:\n\n### Division 4—2006 one‑off payment to carers eligible for carer payment\n\n44 Part 2.5E (heading)\n\nRepeal the heading.\n\n45 Before section 255\n\nInsert:\n\n### Division 5—2006 one‑off payment to carers eligible for wife pension\n\n46 Part 2.5F (heading)\n\nRepeal the heading.\n\n47 Before section 257\n\nInsert:\n\n### Division 6—2006 one‑off payment to carers eligible for partner service pension\n\n48 Part 2.5G (heading)\n\nRepeal the heading.\n\n49 Before section 259\n\nInsert:\n\n### Division 7—2006 one‑off payment to carers eligible for carer service pension\n\n50 Part 2.5H (heading)\n\nRepeal the heading.\n\n51 Before section 261\n\nInsert:\n\n### Division 8—2007 one‑off payment to carers eligible for carer payment\n\n52 Part 2.5J (heading)\n\nRepeal the heading.\n\n53 Before section 263\n\nInsert:\n\n### Division 9—2007 one‑off payment to carers eligible for wife pension\n\n54 Part 2.5K (heading)\n\nRepeal the heading.\n\n55 Before section 265\n\nInsert:\n\n### Division 10—2007 one‑off payment to carers eligible for partner service pension\n\n56 Part 2.5L (heading)\n\nRepeal the heading.\n\n57 Before section 267\n\nInsert:\n\n### Division 11—2007 one‑off payment to carers eligible for carer service pension\n\n58 Part 2.19A (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.19A—One‑off payments to carers eligible for carer allowance\n\n59 Before section 992N\n\nInsert:\n\n### Division 1—One‑off payment to carers eligible for carer allowance\n\n60 Subsection 992N(2) (note)\n\nOmit “Part 2.5A”, substitute “Division 1 of Part 2.5A”.\n\n61 Part 2.19B (heading)\n\nRepeal the heading.\n\n62 Before section 992Q\n\nInsert:\n\n### Division 2—2005 one‑off payment to carers eligible for carer allowance\n\n63 Subsection 992Q(2) (note)\n\nOmit “Part 2.5B”, substitute “Division 2 of Part 2.5A”.\n\n64 Part 2.19C (heading)\n\nRepeal the heading.\n\n65 Before section 992T\n\nInsert:\n\n### Division 3—2006 one‑off payment to carers eligible for carer allowance\n\n66 Part 2.19D (heading)\n\nRepeal the heading.\n\n67 Before section 992WA\n\nInsert:\n\n### Division 4—2007 one‑off payment to carers eligible for carer allowance\n\nSocial Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007\n\n68 Paragraph 1(2)(a) of Schedule 4\n\nOmit “Parts 2.5H, 2.5J, 2.5K, 2.5L and 2.19D”, substitute “Divisions 8, 9, 10 and 11 of Part 2.5A and Division 4 of Part 2.19A”.\n\nSocial Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006\n\n69 Paragraph 1(2)(a) of Schedule 4\n\nOmit “Parts 2.5D, 2.5E, 2.5F, 2.5G and 2.19C”, substitute “Divisions 4, 5, 6 and 7 of Part 2.5A and Division 3 of Part 2.19A”.\n\nSocial Security Legislation Amendment (One‑off Payments for Carers) Act 2005\n\n70 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Parts 2.5B, 2.5C and 2.19B”, substitute “Divisions 2 and 3 of Part 2.5A and Division 2 of Part 2.19A”.\n\nVeterans’ Entitlements Act 1986\n\n71 At the end of subsection 5H(8) (before the note)\n\nAdd:\n\n ; (zze) a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n \n\nSchedule 4—Administrative scheme for 2008 one‑off payments to carers\n\n1 Administrative scheme for 2008 one‑off payments to carers\n\n(1) Subject to this item, the Minister administering Part 2.5 of the Social Security Act 1991 may, by legislative instrument, determine a scheme under which one‑off payments may be made to carers in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Divisions 12 to 15 of Part 2.5A and Division 5 of Part 2.19A of the Social Security Act 1991 do not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 1223ABA of the Social Security Act 1991;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n \n\nSchedule 5—Non‑cancellation of concession cards for temporary overseas absences\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 Subsection 6A(1)\n\nInsert:\n\n> concession card means:\n\n (a) a pensioner concession card; or\n (b) a health care card; or\n (c) a seniors health card.\n\n2 At the end of subsections 1061ZA(3) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n3 At the end of subsection 1061ZB(2)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n4 At the end of subsections 1061ZC(2) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n5 At the end of subsections 1061ZD(4) and (6)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n6 At the end of subsections 1061ZE(4) and (6)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n7 At the end of subsections 1061ZEA(3) and (5)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n8 At the end of subsection 1061ZEB(3)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n9 At the end of subsection 1061ZG(1)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a seniors health card for a maximum period of up to 13 weeks (see Division 4).\n\n10 At the end of subsection 1061ZN(1)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 13 weeks (see Division 4).\n\n11 At the end of subsections 1061ZO(2), (3) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 13 weeks (see Division 4).\n\n12 At the end of Part 2A.1\n\nAdd:\n\n### Division 4—Non‑cancellation of concession cards for temporary overseas absences\n\n#### 1061ZUA Persons to whom Division applies\n\n (1) This Division applies to a person if:\n (a) the person leaves Australia temporarily (see subsection (2)); and\n (b) the person is continuously absent from Australia during a period (the period of absence) beginning on the day the person leaves Australia; and\n (c) any of the following applies:\n (i) immediately before the period of absence commences, the person was the holder of a concession card;\n (ii) during the period of absence, the person’s claim for a seniors health card or a health care card is granted under the Administration Act;\n (iii) during the period of absence, the person is issued an automatic issue card.\n (2) For the purposes of paragraph (1)(a), in determining if an absence is temporary, regard must be had to:\n (a) the purpose of the absence; and\n (b) the intended duration of the absence.\n\n#### 1061ZUB Non‑cancellation of concession cards for temporary overseas absences\n\n (1) Throughout the person’s maximum non‑cancellation period (see subsection (3)), the person’s qualification for the concession card is not affected merely by the absence.\n (2) Throughout so much (if any) of the period of absence as occurs after the end of the period of 13 weeks beginning on the day the person leaves Australia, the person is not qualified for the concession card.\n (3) For the purposes of subsection (1), a person’s maximum non‑cancellation period is the shorter of the following periods:\n (a) the person’s period of absence;\n (b) the period of 13 weeks beginning on the day the person leaves Australia.\n\n#### 1061ZUC Extension cards\n\n (1) This section applies if:\n (a) a person qualifies for a concession card under the following section (the qualification section):\n (i) section 1061ZB, 1061ZC, 1061ZD, 1061ZE, 1061ZEB or 1061ZM;\n (ii) section 1061ZEA as a result of the operation of subsection 1061ZEA(2A); and\n (b) as a result of subsection 1061ZUB(1), the person’s qualification for the card is not affected by a period of absence; and\n (c) at the end of the period of 13 weeks mentioned in subsection 1061ZUB(2), the card is cancelled; and\n (d) after that time, the person returns to Australia; and\n (e) the person qualifies again for the card under the qualification section (and in the case of section 1061ZEA, the person qualifies as a result of the operation of subsection 1061ZEA(2A)); and\n (f) the period for which the person was qualified under the qualification section has not yet ended.\n (2) To avoid doubt, the person continues to qualify for the concession card until the end of the period for which the person was qualified under the qualification section (unless the person ceases to be qualified for the card at an earlier time).\n\nSocial Security (Administration) Act 1999\n\n13 Subclause 1(1) of Schedule 1 (definition of concession card)\n\nRepeal the definition.\n\nVeterans’ Entitlements Act 1986\n\n14 Paragraphs 118PA(1)(a) and (b)\n\nRepeal the paragraphs, substitute:\n\n (a) the person is the holder of a seniors health card; or\n\n15 Paragraph 118V(1)(e)\n\nRepeal the paragraph, substitute:\n\n (e) is either:\n (i) in Australia; or\n (ii) temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n16 At the end of subsection 118V(1)\n\nAdd:\n\n> Note 5: For temporarily see section 5Q.\n\n17 Paragraph 118V(1A)(d)\n\nRepeal the paragraph, substitute:\n\n (d) is either:\n (i) in Australia; or\n (ii) temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n18 Paragraph 118V(2)(e)\n\nRepeal the paragraph, substitute:\n\n (e) the person:\n (i) is in Australia; or\n (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n19 At the end of subsection 118V(2)\n\nAdd:\n\n> Note 6: For temporarily see section 5Q.\n\n20 Paragraph 118V(3)(e)\n\nRepeal the paragraph, substitute:\n\n (e) the person:\n (i) is in Australia; or\n (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n21 At the end of subsection 118V(3)\n\nAdd:\n\n> Note 6: For temporarily see section 5Q.\n\n \n\nPart 2—Amendments contingent on the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008\n\nDivision 1—Amendments if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 receives the Royal Assent on the same day or earlier\n\nVeterans’ Entitlements Act 1986\n\n22 At the end of subsection 118V(1A)\n\nAdd:\n\n> Note 5: For temporarily see section 5Q.\n\nDivision 2—Amendments if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 does not receive the Royal Assent on the same day or earlier\n\nVeterans’ Entitlements Act 1986\n\n23 At the end of subsection 118V(1A)\n\nAdd:\n\n> Note 3A: For temporarily see section 5Q.\n\nVeterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008\n\n24 Section 2\n\nRepeal the section, substitute:\n\n#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

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.

2. Schedule 1

1 July 2008.

1 July 2008

3. Schedule 2, items 1 to 37

1 July 2008.

1 July 2008

4. Schedule 2, item 38

Immediately after the commencement of item 23 of Schedule 5 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.

5. Schedule 2, item 39

1 July 2008.

1 July 2008

6. Schedule 3

1 July 2008.

1 July 2008

\n```\n\n> Note: 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\n \n\nPart 3—Application\n\n25 Application\n\nThe amendments made by this Schedule apply in relation to a person who leaves Australia on or after 1 July 2008.","sortOrder":17},{"sectionNumber":"269","sectionType":"section","heading":"2008 one‑off payment to carers (carer payment related)","content":"#### 269 2008 one‑off payment to carers (carer payment related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer payment related) if:\n (a) the person has been paid an instalment of carer payment in respect of a period that includes 13 May 2008; and\n (b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.","sortOrder":18},{"sectionNumber":"270","sectionType":"section","heading":"Amount of the one‑off payment","content":"#### 270 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.","sortOrder":19},{"sectionNumber":"Division 13","sectionType":"division","heading":"2008 one‑off payment to carers eligible for wife pension","content":"An Act to amend the law relating to social security and veterans’ entitlements, and for other purposes\n\n\\[Assented to 26 May 2008\\]\n\nThe Parliament of Australia enacts:\n\n#### 1 Short title\n\n This Act may be cited as the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

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.

26 May 2008

2. Schedule 1, Part 1

Immediately after the commencement of the provision(s) covered by table item 3.

26 May 2008

3. Schedule 1, Part 2

The day on which this Act receives the Royal Assent.

26 May 2008

4. Schedule 2

The day on which this Act receives the Royal Assent.

26 May 2008

5. Schedule 3, Part 1

Immediately after the commencement of the provision(s) covered by table item 6.

26 May 2008

6. Schedule 3, Part 2

The day on which this Act receives the Royal Assent.

26 May 2008

7. Schedule 4

The day on which this Act receives the Royal Assent.

26 May 2008

8. Schedule 5, Part 1

1 July 2008.

1 July 2008

9. Schedule 5, Part 2, Division 1

Immediately after the commencement of item 38 of Schedule 2 to the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008.

However, the provision(s) do not commence at all if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 does not receive the Royal Assent on or before the day on which this Act receives the Royal Assent.

Does not commence

10. Schedule 5, item 23

1 July 2008.

However, the provision(s) do not commence at all if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 receives the Royal Assent on or before the day on which this Act receives the Royal Assent.

1 July 2008

11. Schedule 5, item 24

Immediately before the commencement of section 2 of the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008.

However, the provision(s) do not commence at all if that Act receives the Royal Assent on or before the day on which this Act receives the Royal Assent.

1 July 2008

12. Schedule 5, Part 3

1 July 2008.

1 July 2008

\n```\n\n> Note: 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\n#### 3 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\nSchedule 1—2008 one‑off payments to older Australians\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 At the end of Part 2.2B\n\nAdd:\n\n### Division 4—2008 one‑off payment to older Australians\n\n#### 93ZC 2008 one‑off payment to older Australians\n\n Qualified if this section applies\n (1) A person is qualified for a 2008 one‑off payment to older Australians if subsection (2), (3) or (4) applies to the person.\n Qualified because of income support payments\n (2) This subsection applies to a person if:\n (a) the person has reached pension age on or before 13 May 2008; and\n (b) the person was receiving an income support payment, other than service pension or income support supplement, in respect of an instalment period that includes 13 May 2008; and\n (c) the person was receiving that payment because of a claim the person made on or before 13 May 2008; and\n (d) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n Qualified because qualified for seniors concession allowance\n (3) This subsection applies to a person if:\n (a) on 13 May 2008, the person was qualified for seniors concession allowance under section 1061U; or\n (b) both:\n (i) on or before 13 May 2008, the person made a claim for a seniors health card under Division 1 of Part 3 of the Administration Act and had not withdrawn that claim on or before 13 May 2008; and\n (ii) on 13 May 2008, the person either was qualified for the card or would have been so qualified but for being temporarily absent from Australia for a continuous period not exceeding 13 weeks.\n Qualified because receiving certain allowances\n (4) This subsection applies to a person if:\n (a) the person was receiving a widow allowance, mature age allowance, partner allowance, wife pension or widow B pension in respect of an instalment period that includes 13 May 2008; and\n (b) the person was receiving that allowance or pension because of a claim the person made on or before 13 May 2008; and\n (c) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n One one‑off payment only\n (5) A person may receive one payment only under this section, regardless of how many times the person qualifies under this section.\n (6) Despite anything else in this section, a person is not qualified for a payment under this section if the person is eligible for a payment under section 118ZZL of the Veterans’ Entitlements Act.\n\n#### 93ZD Amount of the one‑off payment\n\n The amount of the one‑off payment under section 93ZC is $500.\n\n2 Certain claims that would otherwise be taken to have been made on or before 13 May 2008\n\nFor the purposes of the provisions inserted by item 1, the following are to be disregarded:\n\n (a) the effect of section 12 of the Social Security (Administration) Act 1999, so far as it relates to a determination under that section that is made after 13 May 2008;\n (b) the effect of section 15 of the Social Security (Administration) Act 1999, so far as it relates to the Secretary becoming satisfied of a matter, as mentioned in that section, after 13 May 2008.\n\n3 At the end of subsection 1223ABAA(1)\n\nAdd:\n\n ; or (c) 2008 one‑off payment to older Australians under Division 4 of Part 2.2B.\n\n4 Subsection 1223ABAA(2)\n\nOmit “or 93ZA(2)”, substitute “, 93ZA(2) or 93ZC(2)”.\n\n5 Subsection 1223ABAA(2)\n\nOmit “or 93ZA(2)(b)”, substitute “, 93ZA(2)(b) or 93ZC(2)(b)”.\n\n6 Subsection 1223ABAA(3)\n\nOmit “or 93ZA(3)”, substitute “, 93ZA(3) or 93ZC(3)”.\n\n7 Subsection 1223ABAA(4)\n\nOmit “or 93ZA(4)”, substitute “, 93ZA(4) or 93ZC(4)”.\n\n8 Subsection 1223ABAA(4)\n\nOmit “or 93ZA(4)(a)”, substitute “, 93ZA(4)(a) or 93ZC(4)(a)”.\n\n9 At the end of subsection 1223ABAA(4A)\n\nAdd:\n\n ; or (c) for a payment of 2008 one‑off payment to older Australians—13 May 2008.\n\n10 Paragraph 1223ABAA(6)(a)\n\nOmit “or 93ZA(3)”, substitute “, 93ZA(3) or 93ZC(3)”.\n\nSocial Security (Administration) Act 1999\n\n11 At the end of section 12AAA\n\nAdd:\n\n ; or (c) 2008 one‑off payment to older Australians.\n\n12 Subsection 47(1) (after paragraph (gb) of the definition of lump sum benefit)\n\nInsert:\n\n (gc) 2008 one‑off payment to older Australians; or\n\n13 Sections 47AA and 47AB\n\nRepeal the sections, substitute:\n\n#### 47AA Payment of one‑off payments to older Australians\n\n (1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum:\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Secretary considers appropriate.\n (2) The payments are the following:\n (a) 2006 one‑off payment to older Australians;\n (b) 2007 one‑off payment to older Australians;\n (c) 2008 one‑off payment to older Australians.\n\n14 Application\n\nTo avoid doubt, the amendment made by item 13 does not entitle a person to a payment of 2006 one‑off payment to older Australians or 2007 one‑off payment to older Australians if such a payment has already been paid to the person under section 47AA or 47AB of the Social Security (Administration) Act 1999 (as in force before the commencement of this item).\n\nVeterans’ Entitlements Act 1986\n\n15 After Part VIIE\n\nInsert:\n\n## Part VIIF—2008 one‑off payment to older Australians\n\n#### 118ZZL 2008 one‑off payment to older Australians\n\n Eligible if this section applies\n (1) A person is eligible for a 2008 one‑off payment to older Australians if subsection (2) or (3) applies to the person.\n Eligible because of income support payments\n (2) This subsection applies to a person if:\n (a) the person has reached qualifying age within the meaning of subsection 5Q(1) on or before 13 May 2008; and\n (b) a service pension or an income support supplement was payable to the person in respect of an instalment period that includes 13 May 2008; and\n (c) the pension or supplement was payable because of a claim the person made on or before 13 May 2008; and\n (d) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n Eligible because eligible for seniors concession allowance\n (3) This subsection applies to a person if:\n (a) on 13 May 2008, the person was eligible for seniors concession allowance under section 118PA; or\n (b) both:\n (i) on or before 13 May 2008, the person made a claim for a seniors health card under Division 2 of Part VIIC and had not withdrawn that claim on or before 13 May 2008; and\n (ii) on 13 May 2008, the person either was eligible for the card or would have been so eligible but for being temporarily absent from Australia for a continuous period not exceeding 13 weeks.\n One one‑off payment only\n (4) A person may receive one payment only under this section, regardless of how many times the person becomes eligible under this section.\n\n#### 118ZZM Amount of the one‑off payment\n\n The amount of the one‑off payment under section 118ZZL is $500.\n\n#### 118ZZN Claim not required for 2008 one‑off payment to older Australians\n\n A claim is not required for 2008 one‑off payment to older Australians.\n\n#### 118ZZO Payment of 2008 one‑off payment to older Australians\n\n If an individual is eligible for a 2008 one‑off payment to older Australians, the Commission must pay the payment to the individual in a single lump sum:\n (a) on the date that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Commission considers appropriate.\n\n#### 118ZZP Debts arising in respect of 2008 one‑off payment to older Australians\n\n (1) This section applies in relation to an individual who has been paid a 2008 one‑off payment to older Australians (the relevant payment) under this Part.\n (2) If the individual was eligible for the relevant payment because of subsection 118ZZL(2), a relevant determination is a determination made under Part III or Part IIIA because of which the pension or supplement referred to in paragraph 118ZZL(2)(b) was payable.\n (3) If the individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of holding or having held a seniors health card, a relevant determination is a determination made under this Act because of which the person became the holder of the card.\n (4) If:\n (a) after the relevant payment was made to the individual, a relevant determination in relation to the individual, at least so far as it relates to 13 May 2008 or to a period that includes that day, is or was (however described) changed, revoked, set aside or superseded by another determination; and\n (b) the decision to change, revoke, set aside or supersede the relevant determination is or was made for the reason, or for reasons including the reason, that the individual knowingly made a false or misleading statement, or knowingly provided false information; and\n (c) had the change, revocation, setting aside or superseding occurred on or before 13 May 2008, the relevant payment would not have been made;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (5) If:\n (a) an individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of having claimed a seniors health card; and\n (b) the individual knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and\n (c) but for that statement or information, the relevant payment would not have been paid to the individual;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (6) If:\n (a) an individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of holding or having held a gold card; and\n (b) the individual knowingly made a false or misleading statement, or knowingly provided false information, that resulted (directly or indirectly) in the individual becoming the holder of the gold card; and\n (c) but for that statement or information, the relevant payment would not have been paid to the individual;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (7) The other provisions of this Act under which debts arise do not apply in relation to payments to which this section applies.\n (8) A debt that arises under this section is a recoverable amount within the meaning of subsection 205(8).\n\n \n\nPart 2—Related amendments\n\nIncome Tax Assessment Act 1936\n\n16 Subsection 159J(6) (after paragraph (adad) of the definition of separate net income)\n\nInsert:\n\n (adae) does not include 2008 one‑off payment to older Australians under the Social Security Act 1991 or the Veterans’ Entitlements Act 1986; and\n (adaf) does not include payments to older Australians under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008; and\n\nIncome Tax Assessment Act 1997\n\n17 Section 11‑15 (table item headed “social security or like payments”)\n\nAfter:\n\n| payments under the scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007............................................................................ | 52‑65 |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n\ninsert:\n\n| 2008 one‑off payment to older Australians under the Social Security Act 1991 | 52‑10 |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n| payments under a scheme determined under item 1 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑10 |\n| 2008 one‑off payment to older Australians under the Veterans’ Entitlements Act 1986 | 52‑65 |\n| payments under the scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑65 |\n\n18 After paragraph 52‑10(1)(baa)\n\nInsert:\n\n (bab) 2008 one‑off payment to older Australians; or\n\n19 Subsection 52‑10(1B)\n\nAfter “aged under”, insert “Division 1 of”.\n\n20 Subsections 52‑10(1CA) and (1CAA)\n\nRepeal the subsections, substitute:\n\n (1CA) The following payments under the Social Security Act 1991 are exempt from income tax:\n (a) 2006 one‑off payment to older Australians (see Division 2 of Part 2.2B of that Act);\n (b) 2007 one‑off payment to older Australians (see Division 3 of Part 2.2B of that Act);\n (c) 2008 one‑off payment to older Australians (see Division 4 of Part 2.2B of that Act).\n\n21 At the end of subsection 52‑10(1CB)\n\nAdd:\n\n ; (c) a scheme determined under item 1 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n22 After paragraph 52‑65(1)(ba)\n\nInsert:\n\n (bb) 2008 one‑off payment to older Australians; or\n\n23 Subsections 52‑65(1B) and (1BA)\n\nRepeal the subsections, substitute:\n\n (1B) The following one‑off payments under the Veterans’ Entitlements Act 1986 are exempt from income tax:\n (a) 2006 one‑off payment to older Australians under Part VIID;\n (b) 2007 one‑off payment to older Australians under Part VIIE;\n (c) 2008 one‑off payment to older Australians under Part VIIF.\n\n24 At the end of subsection 52‑65(1C)\n\nAdd:\n\n ; (c) a scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n25 Section 52‑75 (after table item 1B)\n\nInsert:\n\n| 1C | 2008 one‑off payment to older Australians | Part VIIF | Not applicable |\n| --- | ----------------------------------------- | --------- | -------------- |\n\nSocial Security Act 1991\n\n26 After paragraph 8(8)(ye)\n\nInsert:\n\n (yf) 2008 one‑off payment to older Australians under the Veterans’ Entitlements Act;\n (yg) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n27 Part 2.2B (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.2B—One‑off payments to the aged and older Australians\n\n28 Before section 93X\n\nInsert:\n\n### Division 1—One‑off payment to the aged\n\n29 Part 2.2C (heading)\n\nRepeal the heading.\n\n30 Before section 93Y\n\nInsert:\n\n### Division 2—2006 one‑off payment to older Australians\n\n31 Part 2.2D (heading)\n\nRepeal the heading.\n\n32 Before section 93ZA\n\nInsert:\n\n### Division 3—2007 one‑off payment to older Australians\n\n33 Paragraph 1223ABAA(1)(a)\n\nOmit “Part 2.2C”, substitute “Division 2 of Part 2.2B”.\n\n34 Paragraph 1223ABAA(1)(b)\n\nOmit “Part 2.2D”, substitute “Division 3 of Part 2.2B”.\n\nSocial Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007\n\n35 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Part 2.2D”, substitute “Division 3 of Part 2.2.B”.\n\nSocial Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006\n\n36 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Part 2.2C”, substitute “Division 2 of Part 2.2B”.\n\nVeterans’ Entitlements Act 1986\n\n37 After paragraph 5H(8)(zzad)\n\nInsert:\n\n (zzae) 2008 one‑off payment to older Australians under Part VIIF;\n (zzaf) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n \n\nSchedule 2—Administrative schemes for 2008 one‑off payments to older Australians\n\n1 Administrative scheme for 2008 one‑off payments to older Australians (social security)\n\n(1) Subject to this item, a Minister administering provisions of the Social Security Act 1991 may, by legislative instrument, determine a scheme under which one‑off payments may be made to older Australians in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\nNote: Because there is more than one Minister administering provisions of the Social Security Act 1991, there may be more than one scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Division 4 of Part 2.2B of the Social Security Act 1991 does not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 1223ABAA of the Social Security Act 1991;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n2 Administrative scheme for 2008 one‑off payments to older Australians (veterans)\n\n(1) Subject to this item, the Minister administering the Veterans’ Entitlements Act 1986 may, by legislative instrument, determine a scheme under which one‑off payments may be made to older Australians in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Part VIIF of the Veterans’ Entitlements Act 1986 does not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 118ZZP of the Veterans’ Entitlements Act 1986;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n \n\nSchedule 3—2008 one‑off payments to carers\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 At the end of Part 2.5A\n\nAdd:\n\n### Division 12—2008 one‑off payment to carers eligible for carer payment\n\n#### 269 2008 one‑off payment to carers (carer payment related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer payment related) if:\n (a) the person has been paid an instalment of carer payment in respect of a period that includes 13 May 2008; and\n (b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 270 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 13—2008 one‑off payment to carers eligible for wife pension\n\n#### 271 2008 one‑off payment to carers (wife pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (wife pension related) if:\n (a) the person:\n (i) has been paid an instalment of wife pension in respect of a period that includes 13 May 2008; and\n (ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and\n (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (i) the instalment was in respect of a period that includes 13 May 2008;\n (ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 272 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 14—2008 one‑off payment to carers eligible for partner service pension\n\n#### 273 2008 one‑off payment to carers (partner service pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (partner service pension related) if:\n (a) the person:\n (i) has been paid an instalment of partner service pension under Part III of the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and\n (ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and\n (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (i) the instalment was in respect of a period that includes 13 May 2008;\n (ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 274 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 15—2008 one‑off payment to carers eligible for carer service pension\n\n#### 275 2008 one‑off payment to carers (carer service pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer service pension related) if:\n (a) the person has been paid an instalment of carer service pension as a result of the operation of subclause 8(2) or (4) of Schedule 5 to the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and\n (b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 276 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n2 At the end of Part 2.19A\n\nAdd:\n\n### Division 5—2008 one‑off payment to carers eligible for carer allowance\n\n#### 992WD 2008 one‑off payment to carers (carer allowance related)\n\n (1) A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (a) the instalment was in respect of a period that includes 13 May 2008;\n (b) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (c) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n (2) For the purposes of this Part, the instalment, or each instalment, in relation to which paragraphs (1)(a), (b) and (c) are satisfied is a qualifying instalment.\n\n#### 992WE Eligible care receivers\n\n (1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.\n (2) If subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.\n\n#### 992WF Amount of the one‑off payment\n\n Add together the amounts applicable under this section for each eligible care receiver\n (1) The amount of the one‑off payment to the qualified person is worked out by adding together the amounts applicable under this section for each eligible care receiver.\n Amount is $600 unless subsection (3) applies\n (2) Subject to subsection (3), the amount applicable for an eligible care receiver is $600.\n Reduced amount if instalment rate took account of a subsection 981(1) determination\n (3) If the rate at which a qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver, the amount applicable for the eligible care receiver is that share of $600.\n\n3 Certain claims that would otherwise be taken to have been made on or before 13 May 2008\n\nFor the purposes of the provisions inserted by items 1 and 2, the following are to be disregarded:\n\n (a) the effect of section 12 of the Social Security (Administration) Act 1999, so far as it relates to a determination under that section that is made after 13 May 2008;\n (b) the effect of section 15 of the Social Security (Administration) Act 1999, so far as it relates to the Secretary becoming satisfied of a matter, as mentioned in that section, after 13 May 2008.\n\n4 At the end of subsection 1223ABA(1)\n\nAdd:\n\n ; or (p) 2008 one‑off payment to carers (carer payment related); or\n (q) 2008 one‑off payment to carers (wife pension related); or\n (r) 2008 one‑off payment to carers (partner service pension related); or\n (s) 2008 one‑off payment to carers (carer service pension related); or\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n5 After subsection 1223ABA(3CJ)\n\nInsert:\n\n (3CK) If the relevant payment is a payment of 2008 one‑off payment to carers (carer payment related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the instalment of carer payment referred to in section 269 of this Act was paid.\n (3CL) If the relevant payment is a payment of 2008 one‑off payment to carers (wife pension related), a relevant determination is:\n (a) a determination made under Part 3 of the Administration Act because of which the instalment of wife pension referred to in section 271 of this Act was paid; or\n (b) a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 271 of this Act was paid.\n (3CM) If the relevant payment is a payment of 2008 one‑off payment to carers (partner service pension related), a relevant determination is:\n (a) a determination made under the Veterans’ Entitlements Act because of which the instalment of partner service pension referred to in section 273 of this Act was paid; or\n (b) a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 273 of this Act was paid.\n (3CN) If the relevant payment is a payment of 2008 one‑off payment to carers (carer service pension related), a relevant determination is a determination made under the Veterans’ Entitlements Act because of which the instalment of carer service pension referred to in section 275 of this Act was paid.\n (3CO) If the relevant payment is a payment of 2008 one‑off payment to carers (carer allowance related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 992WD of this Act was paid.\n\n6 At the end of subsection 1223ABA(3D)\n\nAdd:\n\n ; or (e) 13 May 2008, if the relevant payment is a payment of:\n (i) 2008 one‑off payment to carers (carer payment related); or\n (ii) 2008 one‑off payment to carers (wife pension related); or\n (iii) 2008 one‑off payment to carers (partner service pension related); or\n (iv) 2008 one‑off payment to carers (carer service pension related); or\n (v) 2008 one‑off payment to carers (carer allowance related).\n\nSocial Security (Administration) Act 1999\n\n7 Sections 12AA to 12AD\n\nRepeal the sections, substitute:\n\n#### 12AA One‑off payments to carers\n\n A claim is not required for the following:\n (a) one‑off payment to carers (carer allowance related);\n (b) one‑off payment to carers (carer payment related);\n (c) 2005 one‑off payment to carers (carer payment related);\n (d) 2005 one‑off payment to carers (carer service pension related);\n (e) 2005 one‑off payment to carers (carer allowance related);\n (f) 2006 one‑off payment to carers (carer payment related);\n (g) 2006 one‑off payment to carers (wife pension related);\n (h) 2006 one‑off payment to carers (partner service pension related);\n (i) 2006 one‑off payment to carers (carer service pension related);\n (j) 2006 one‑off payment to carers (carer allowance related);\n (k) 2007 one‑off payment to carers (carer payment related);\n (l) 2007 one‑off payment to carers (wife pension related);\n (m) 2007 one‑off payment to carers (partner service pension related);\n (n) 2007 one‑off payment to carers (carer service pension related);\n (o) 2007 one‑off payment to carers (carer allowance related);\n (p) 2008 one‑off payment to carers (carer payment related);\n (q) 2008 one‑off payment to carers (wife pension related);\n (r) 2008 one‑off payment to carers (partner service pension related);\n (s) 2008 one‑off payment to carers (carer service pension related);\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n8 Subsection 47(1) (after paragraph (hn) of the definition of lump sum benefit)\n\nInsert:\n\n (ho) 2008 one‑off payment to carers (carer payment related); or\n (hp) 2008 one‑off payment to carers (wife pension related); or\n (hq) 2008 one‑off payment to carers (partner service pension related); or\n (hr) 2008 one‑off payment to carers (carer service pension related); or\n (hs) 2008 one‑off payment to carers (carer allowance related); or\n\n9 Sections 47B to 47E\n\nRepeal the sections, substitute:\n\n#### 47B Payment of one‑off payments to carers\n\n (1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum:\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Secretary considers appropriate.\n (2) The payments are the following:\n (a) one‑off payment to carers (carer allowance related);\n (b) one‑off payment to carers (carer payment related);\n (c) 2005 one‑off payment to carers (carer payment related);\n (d) 2005 one‑off payment to carers (carer service pension related);\n (e) 2005 one‑off payment to carers (carer allowance related);\n (f) 2006 one‑off payment to carers (carer payment related);\n (g) 2006 one‑off payment to carers (wife pension related);\n (h) 2006 one‑off payment to carers (partner service pension related);\n (i) 2006 one‑off payment to carers (carer service pension related);\n (j) 2006 one‑off payment to carers (carer allowance related);\n (k) 2007 one‑off payment to carers (carer payment related);\n (l) 2007 one‑off payment to carers (wife pension related);\n (m) 2007 one‑off payment to carers (partner service pension related);\n (n) 2007 one‑off payment to carers (carer service pension related);\n (o) 2007 one‑off payment to carers (carer allowance related);\n (p) 2008 one‑off payment to carers (carer payment related);\n (q) 2008 one‑off payment to carers (wife pension related);\n (r) 2008 one‑off payment to carers (partner service pension related);\n (s) 2008 one‑off payment to carers (carer service pension related);\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n10 Application\n\nTo avoid doubt, the amendment made by item 9 does not entitle a person to a payment mentioned in paragraphs 47B(2)(a) to (o) of the Social Security (Administration) Act 1999 (as inserted by item 9) if such a payment has already been paid to the person under section 47B, 47C, 47D or 47E of the that Act (as in force before the commencement of this item).\n\n \n\nPart 2—Related amendments\n\nIncome Tax Assessment Act 1936\n\n11 Subsection 159J(6) (subparagraph (ad)(xvi) of the definition of separate net income)\n\nOmit “and”.\n\n12 Subsection 159J(6) (at the end of paragraph (ad) of the definition of separate net income)\n\nAdd:\n\n (xvii) 2008 one‑off payment to carers (carer payment related);\n (xviii) 2008 one‑off payment to carers (wife pension related);\n (xix) 2008 one‑off payment to carers (partner service pension related);\n (xx) 2008 one‑off payment to carers (carer service pension related);\n (xxi) 2008 one‑off payment to carers (carer allowance related); and\n\n13 Subsection 159J(6) (after paragraph (add) of the definition of separate net income)\n\nInsert:\n\n (ade) does not include payments to carers under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008; and\n\nIncome Tax Assessment Act 1997\n\n14 Section 11‑15 (table item headed “social security or like payments”)\n\nAfter:\n\n| payments under the scheme determined under Schedule 4 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007............................................................................ | 52‑10 |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n\ninsert:\n\n| 2008 one‑off payment to carers (carer payment related), 2008 one‑off payment to carers (wife pension related), 2008 one‑off payment to carers (partner service pension related), 2008 one‑off payment to carers (carer service pension related) or 2008 one‑off payment to carers (carer allowance related) | 52‑10 |\n| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n| payments under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑10 |\n\n15 Paragraph 52‑10(1)(r)\n\nRepeal the paragraph, substitute:\n\n (r) 2008 one‑off payment to carers (carer payment related); or\n (s) 2008 one‑off payment to carers (wife pension related); or\n (t) 2008 one‑off payment to carers (partner service pension related); or\n (u) 2008 one‑off payment to carers (carer service pension related); or\n (v) 2008 one‑off payment to carers (carer allowance related); or\n (w) payments under a scheme referred to in subsection (1E).\n\n16 Paragraph 52‑10(1D)(a)\n\nOmit “Part 2.5A”, substitute “Division 1 of Part 2.5A”.\n\n17 Paragraph 52‑10(1D)(b)\n\nOmit “Part 2.19A”, substitute “Division 1 of Part 2.19A”.\n\n18 Paragraph 52‑10(1D)(c)\n\nOmit “Part 2.5B”, substitute “Division 2 of Part 2.5A”.\n\n19 Paragraph 52‑10(1D)(d)\n\nOmit “Part 2.5C”, substitute “Division 3 of Part 2.5A”.\n\n20 Paragraph 52‑10(1D)(e)\n\nOmit “Part 2.19B”, substitute “Division 2 of Part 2.19A”.\n\n21 Paragraph 52‑10(1D)(f)\n\nOmit “Part 2.5D”, substitute “Division 4 of Part 2.5A”.\n\n22 Paragraph 52‑10(1D)(g)\n\nOmit “Part 2.5E”, substitute “Division 5 of Part 2.5A”.\n\n23 Paragraph 52‑10(1D)(h)\n\nOmit “Part 2.5F”, substitute “Division 6 of Part 2.5A”.\n\n24 Paragraph 52‑10(1D)(i)\n\nOmit “Part 2.5G”, substitute “Division 7 of Part 2.5A”.\n\n25 Paragraph 52‑10(1D)(j)\n\nOmit “Part 2.19C”, substitute “Division 3 of Part 2.19A”.\n\n26 Paragraph 52‑10(1D)(k)\n\nOmit “Part 2.5H”, substitute “Division 8 of Part 2.5A”.\n\n27 Paragraph 52‑10(1D)(l)\n\nOmit “Part 2.5J”, substitute “Division 9 of Part 2.5A”.\n\n28 Paragraph 52‑10(1D)(m)\n\nOmit “Part 2.5K”, substitute “Division 10 of Part 2.5A”.\n\n29 Paragraph 52‑10(1D)(n)\n\nOmit “Part 2.5L”, substitute “Division 11 of Part 2.5A”.\n\n30 Paragraph 52‑10(1D)(o)\n\nOmit “Part 2.19D”, substitute “Division 4 of Part 2.19A”.\n\n31 At the end of subsection 52‑10(1D)\n\nAdd:\n\n ; (p) 2008 one‑off payment to carers (carer payment related) (see Division 12 of Part 2.5A of that Act);\n (q) 2008 one‑off payment to carers (wife pension related) (see Division 13 of Part 2.5A of that Act);\n (r) 2008 one‑off payment to carers (partner service pension related) (see Division 14 of Part 2.5A of that Act);\n (s) 2008 one‑off payment to carers (carer service pension related) (see Division 15 of Part 2.5A of that Act);\n (t) 2008 one‑off payment to carers (carer allowance related) (see Division 5 of Part 2.19A of that Act).\n\n32 At the end of subsection 52‑10(1E)\n\nAdd:\n\n ; (e) a scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\nSocial Security Act 1991\n\n33 After paragraph 8(8)(jae)\n\nInsert:\n\n (jaf) a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n34 Part 2.5A (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.5A—One‑off payments to carers eligible for carer payment\n\n35 Before section 247\n\nInsert:\n\n### Division 1—One‑off payment to carers eligible for carer payment\n\n36 Section 247 (note)\n\nOmit “Part 2.19A”, substitute “Division 1 of Part 2.19A”.\n\n37 Part 2.5B (heading)\n\nRepeal the heading.\n\n38 Before section 249\n\nInsert:\n\n### Division 2—2005 one‑off payment to carers eligible for carer payment\n\n39 Section 249 (note)\n\nOmit “Part 2.19B”, substitute “Division 2 of Part 2.19A”.\n\n40 Part 2.5C (heading)\n\nRepeal the heading.\n\n41 Before section 251\n\nInsert:\n\n### Division 3—2005 one‑off payment to carers eligible for carer service pension\n\n42 Part 2.5D (heading)\n\nRepeal the heading.\n\n43 Before section 253\n\nInsert:\n\n### Division 4—2006 one‑off payment to carers eligible for carer payment\n\n44 Part 2.5E (heading)\n\nRepeal the heading.\n\n45 Before section 255\n\nInsert:\n\n### Division 5—2006 one‑off payment to carers eligible for wife pension\n\n46 Part 2.5F (heading)\n\nRepeal the heading.\n\n47 Before section 257\n\nInsert:\n\n### Division 6—2006 one‑off payment to carers eligible for partner service pension\n\n48 Part 2.5G (heading)\n\nRepeal the heading.\n\n49 Before section 259\n\nInsert:\n\n### Division 7—2006 one‑off payment to carers eligible for carer service pension\n\n50 Part 2.5H (heading)\n\nRepeal the heading.\n\n51 Before section 261\n\nInsert:\n\n### Division 8—2007 one‑off payment to carers eligible for carer payment\n\n52 Part 2.5J (heading)\n\nRepeal the heading.\n\n53 Before section 263\n\nInsert:\n\n### Division 9—2007 one‑off payment to carers eligible for wife pension\n\n54 Part 2.5K (heading)\n\nRepeal the heading.\n\n55 Before section 265\n\nInsert:\n\n### Division 10—2007 one‑off payment to carers eligible for partner service pension\n\n56 Part 2.5L (heading)\n\nRepeal the heading.\n\n57 Before section 267\n\nInsert:\n\n### Division 11—2007 one‑off payment to carers eligible for carer service pension\n\n58 Part 2.19A (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.19A—One‑off payments to carers eligible for carer allowance\n\n59 Before section 992N\n\nInsert:\n\n### Division 1—One‑off payment to carers eligible for carer allowance\n\n60 Subsection 992N(2) (note)\n\nOmit “Part 2.5A”, substitute “Division 1 of Part 2.5A”.\n\n61 Part 2.19B (heading)\n\nRepeal the heading.\n\n62 Before section 992Q\n\nInsert:\n\n### Division 2—2005 one‑off payment to carers eligible for carer allowance\n\n63 Subsection 992Q(2) (note)\n\nOmit “Part 2.5B”, substitute “Division 2 of Part 2.5A”.\n\n64 Part 2.19C (heading)\n\nRepeal the heading.\n\n65 Before section 992T\n\nInsert:\n\n### Division 3—2006 one‑off payment to carers eligible for carer allowance\n\n66 Part 2.19D (heading)\n\nRepeal the heading.\n\n67 Before section 992WA\n\nInsert:\n\n### Division 4—2007 one‑off payment to carers eligible for carer allowance\n\nSocial Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007\n\n68 Paragraph 1(2)(a) of Schedule 4\n\nOmit “Parts 2.5H, 2.5J, 2.5K, 2.5L and 2.19D”, substitute “Divisions 8, 9, 10 and 11 of Part 2.5A and Division 4 of Part 2.19A”.\n\nSocial Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006\n\n69 Paragraph 1(2)(a) of Schedule 4\n\nOmit “Parts 2.5D, 2.5E, 2.5F, 2.5G and 2.19C”, substitute “Divisions 4, 5, 6 and 7 of Part 2.5A and Division 3 of Part 2.19A”.\n\nSocial Security Legislation Amendment (One‑off Payments for Carers) Act 2005\n\n70 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Parts 2.5B, 2.5C and 2.19B”, substitute “Divisions 2 and 3 of Part 2.5A and Division 2 of Part 2.19A”.\n\nVeterans’ Entitlements Act 1986\n\n71 At the end of subsection 5H(8) (before the note)\n\nAdd:\n\n ; (zze) a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n \n\nSchedule 4—Administrative scheme for 2008 one‑off payments to carers\n\n1 Administrative scheme for 2008 one‑off payments to carers\n\n(1) Subject to this item, the Minister administering Part 2.5 of the Social Security Act 1991 may, by legislative instrument, determine a scheme under which one‑off payments may be made to carers in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Divisions 12 to 15 of Part 2.5A and Division 5 of Part 2.19A of the Social Security Act 1991 do not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 1223ABA of the Social Security Act 1991;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n \n\nSchedule 5—Non‑cancellation of concession cards for temporary overseas absences\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 Subsection 6A(1)\n\nInsert:\n\n> concession card means:\n\n (a) a pensioner concession card; or\n (b) a health care card; or\n (c) a seniors health card.\n\n2 At the end of subsections 1061ZA(3) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n3 At the end of subsection 1061ZB(2)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n4 At the end of subsections 1061ZC(2) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n5 At the end of subsections 1061ZD(4) and (6)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n6 At the end of subsections 1061ZE(4) and (6)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n7 At the end of subsections 1061ZEA(3) and (5)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n8 At the end of subsection 1061ZEB(3)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n9 At the end of subsection 1061ZG(1)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a seniors health card for a maximum period of up to 13 weeks (see Division 4).\n\n10 At the end of subsection 1061ZN(1)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 13 weeks (see Division 4).\n\n11 At the end of subsections 1061ZO(2), (3) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 13 weeks (see Division 4).\n\n12 At the end of Part 2A.1\n\nAdd:\n\n### Division 4—Non‑cancellation of concession cards for temporary overseas absences\n\n#### 1061ZUA Persons to whom Division applies\n\n (1) This Division applies to a person if:\n (a) the person leaves Australia temporarily (see subsection (2)); and\n (b) the person is continuously absent from Australia during a period (the period of absence) beginning on the day the person leaves Australia; and\n (c) any of the following applies:\n (i) immediately before the period of absence commences, the person was the holder of a concession card;\n (ii) during the period of absence, the person’s claim for a seniors health card or a health care card is granted under the Administration Act;\n (iii) during the period of absence, the person is issued an automatic issue card.\n (2) For the purposes of paragraph (1)(a), in determining if an absence is temporary, regard must be had to:\n (a) the purpose of the absence; and\n (b) the intended duration of the absence.\n\n#### 1061ZUB Non‑cancellation of concession cards for temporary overseas absences\n\n (1) Throughout the person’s maximum non‑cancellation period (see subsection (3)), the person’s qualification for the concession card is not affected merely by the absence.\n (2) Throughout so much (if any) of the period of absence as occurs after the end of the period of 13 weeks beginning on the day the person leaves Australia, the person is not qualified for the concession card.\n (3) For the purposes of subsection (1), a person’s maximum non‑cancellation period is the shorter of the following periods:\n (a) the person’s period of absence;\n (b) the period of 13 weeks beginning on the day the person leaves Australia.\n\n#### 1061ZUC Extension cards\n\n (1) This section applies if:\n (a) a person qualifies for a concession card under the following section (the qualification section):\n (i) section 1061ZB, 1061ZC, 1061ZD, 1061ZE, 1061ZEB or 1061ZM;\n (ii) section 1061ZEA as a result of the operation of subsection 1061ZEA(2A); and\n (b) as a result of subsection 1061ZUB(1), the person’s qualification for the card is not affected by a period of absence; and\n (c) at the end of the period of 13 weeks mentioned in subsection 1061ZUB(2), the card is cancelled; and\n (d) after that time, the person returns to Australia; and\n (e) the person qualifies again for the card under the qualification section (and in the case of section 1061ZEA, the person qualifies as a result of the operation of subsection 1061ZEA(2A)); and\n (f) the period for which the person was qualified under the qualification section has not yet ended.\n (2) To avoid doubt, the person continues to qualify for the concession card until the end of the period for which the person was qualified under the qualification section (unless the person ceases to be qualified for the card at an earlier time).\n\nSocial Security (Administration) Act 1999\n\n13 Subclause 1(1) of Schedule 1 (definition of concession card)\n\nRepeal the definition.\n\nVeterans’ Entitlements Act 1986\n\n14 Paragraphs 118PA(1)(a) and (b)\n\nRepeal the paragraphs, substitute:\n\n (a) the person is the holder of a seniors health card; or\n\n15 Paragraph 118V(1)(e)\n\nRepeal the paragraph, substitute:\n\n (e) is either:\n (i) in Australia; or\n (ii) temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n16 At the end of subsection 118V(1)\n\nAdd:\n\n> Note 5: For temporarily see section 5Q.\n\n17 Paragraph 118V(1A)(d)\n\nRepeal the paragraph, substitute:\n\n (d) is either:\n (i) in Australia; or\n (ii) temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n18 Paragraph 118V(2)(e)\n\nRepeal the paragraph, substitute:\n\n (e) the person:\n (i) is in Australia; or\n (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n19 At the end of subsection 118V(2)\n\nAdd:\n\n> Note 6: For temporarily see section 5Q.\n\n20 Paragraph 118V(3)(e)\n\nRepeal the paragraph, substitute:\n\n (e) the person:\n (i) is in Australia; or\n (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n21 At the end of subsection 118V(3)\n\nAdd:\n\n> Note 6: For temporarily see section 5Q.\n\n \n\nPart 2—Amendments contingent on the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008\n\nDivision 1—Amendments if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 receives the Royal Assent on the same day or earlier\n\nVeterans’ Entitlements Act 1986\n\n22 At the end of subsection 118V(1A)\n\nAdd:\n\n> Note 5: For temporarily see section 5Q.\n\nDivision 2—Amendments if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 does not receive the Royal Assent on the same day or earlier\n\nVeterans’ Entitlements Act 1986\n\n23 At the end of subsection 118V(1A)\n\nAdd:\n\n> Note 3A: For temporarily see section 5Q.\n\nVeterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008\n\n24 Section 2\n\nRepeal the section, substitute:\n\n#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

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.

2. Schedule 1

1 July 2008.

1 July 2008

3. Schedule 2, items 1 to 37

1 July 2008.

1 July 2008

4. Schedule 2, item 38

Immediately after the commencement of item 23 of Schedule 5 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.

5. Schedule 2, item 39

1 July 2008.

1 July 2008

6. Schedule 3

1 July 2008.

1 July 2008

\n```\n\n> Note: 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\n \n\nPart 3—Application\n\n25 Application\n\nThe amendments made by this Schedule apply in relation to a person who leaves Australia on or after 1 July 2008.","sortOrder":20},{"sectionNumber":"271","sectionType":"section","heading":"2008 one‑off payment to carers (wife pension related)","content":"#### 271 2008 one‑off payment to carers (wife pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (wife pension related) if:\n (a) the person:\n (i) has been paid an instalment of wife pension in respect of a period that includes 13 May 2008; and\n (ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and\n (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (i) the instalment was in respect of a period that includes 13 May 2008;\n (ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.","sortOrder":21},{"sectionNumber":"272","sectionType":"section","heading":"Amount of the one‑off payment","content":"#### 272 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.","sortOrder":22},{"sectionNumber":"Division 14","sectionType":"division","heading":"2008 one‑off payment to carers eligible for partner service pension","content":"An Act to amend the law relating to social security and veterans’ entitlements, and for other purposes\n\n\\[Assented to 26 May 2008\\]\n\nThe Parliament of Australia enacts:\n\n#### 1 Short title\n\n This Act may be cited as the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

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.

26 May 2008

2. Schedule 1, Part 1

Immediately after the commencement of the provision(s) covered by table item 3.

26 May 2008

3. Schedule 1, Part 2

The day on which this Act receives the Royal Assent.

26 May 2008

4. Schedule 2

The day on which this Act receives the Royal Assent.

26 May 2008

5. Schedule 3, Part 1

Immediately after the commencement of the provision(s) covered by table item 6.

26 May 2008

6. Schedule 3, Part 2

The day on which this Act receives the Royal Assent.

26 May 2008

7. Schedule 4

The day on which this Act receives the Royal Assent.

26 May 2008

8. Schedule 5, Part 1

1 July 2008.

1 July 2008

9. Schedule 5, Part 2, Division 1

Immediately after the commencement of item 38 of Schedule 2 to the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008.

However, the provision(s) do not commence at all if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 does not receive the Royal Assent on or before the day on which this Act receives the Royal Assent.

Does not commence

10. Schedule 5, item 23

1 July 2008.

However, the provision(s) do not commence at all if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 receives the Royal Assent on or before the day on which this Act receives the Royal Assent.

1 July 2008

11. Schedule 5, item 24

Immediately before the commencement of section 2 of the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008.

However, the provision(s) do not commence at all if that Act receives the Royal Assent on or before the day on which this Act receives the Royal Assent.

1 July 2008

12. Schedule 5, Part 3

1 July 2008.

1 July 2008

\n```\n\n> Note: 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\n#### 3 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\nSchedule 1—2008 one‑off payments to older Australians\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 At the end of Part 2.2B\n\nAdd:\n\n### Division 4—2008 one‑off payment to older Australians\n\n#### 93ZC 2008 one‑off payment to older Australians\n\n Qualified if this section applies\n (1) A person is qualified for a 2008 one‑off payment to older Australians if subsection (2), (3) or (4) applies to the person.\n Qualified because of income support payments\n (2) This subsection applies to a person if:\n (a) the person has reached pension age on or before 13 May 2008; and\n (b) the person was receiving an income support payment, other than service pension or income support supplement, in respect of an instalment period that includes 13 May 2008; and\n (c) the person was receiving that payment because of a claim the person made on or before 13 May 2008; and\n (d) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n Qualified because qualified for seniors concession allowance\n (3) This subsection applies to a person if:\n (a) on 13 May 2008, the person was qualified for seniors concession allowance under section 1061U; or\n (b) both:\n (i) on or before 13 May 2008, the person made a claim for a seniors health card under Division 1 of Part 3 of the Administration Act and had not withdrawn that claim on or before 13 May 2008; and\n (ii) on 13 May 2008, the person either was qualified for the card or would have been so qualified but for being temporarily absent from Australia for a continuous period not exceeding 13 weeks.\n Qualified because receiving certain allowances\n (4) This subsection applies to a person if:\n (a) the person was receiving a widow allowance, mature age allowance, partner allowance, wife pension or widow B pension in respect of an instalment period that includes 13 May 2008; and\n (b) the person was receiving that allowance or pension because of a claim the person made on or before 13 May 2008; and\n (c) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n One one‑off payment only\n (5) A person may receive one payment only under this section, regardless of how many times the person qualifies under this section.\n (6) Despite anything else in this section, a person is not qualified for a payment under this section if the person is eligible for a payment under section 118ZZL of the Veterans’ Entitlements Act.\n\n#### 93ZD Amount of the one‑off payment\n\n The amount of the one‑off payment under section 93ZC is $500.\n\n2 Certain claims that would otherwise be taken to have been made on or before 13 May 2008\n\nFor the purposes of the provisions inserted by item 1, the following are to be disregarded:\n\n (a) the effect of section 12 of the Social Security (Administration) Act 1999, so far as it relates to a determination under that section that is made after 13 May 2008;\n (b) the effect of section 15 of the Social Security (Administration) Act 1999, so far as it relates to the Secretary becoming satisfied of a matter, as mentioned in that section, after 13 May 2008.\n\n3 At the end of subsection 1223ABAA(1)\n\nAdd:\n\n ; or (c) 2008 one‑off payment to older Australians under Division 4 of Part 2.2B.\n\n4 Subsection 1223ABAA(2)\n\nOmit “or 93ZA(2)”, substitute “, 93ZA(2) or 93ZC(2)”.\n\n5 Subsection 1223ABAA(2)\n\nOmit “or 93ZA(2)(b)”, substitute “, 93ZA(2)(b) or 93ZC(2)(b)”.\n\n6 Subsection 1223ABAA(3)\n\nOmit “or 93ZA(3)”, substitute “, 93ZA(3) or 93ZC(3)”.\n\n7 Subsection 1223ABAA(4)\n\nOmit “or 93ZA(4)”, substitute “, 93ZA(4) or 93ZC(4)”.\n\n8 Subsection 1223ABAA(4)\n\nOmit “or 93ZA(4)(a)”, substitute “, 93ZA(4)(a) or 93ZC(4)(a)”.\n\n9 At the end of subsection 1223ABAA(4A)\n\nAdd:\n\n ; or (c) for a payment of 2008 one‑off payment to older Australians—13 May 2008.\n\n10 Paragraph 1223ABAA(6)(a)\n\nOmit “or 93ZA(3)”, substitute “, 93ZA(3) or 93ZC(3)”.\n\nSocial Security (Administration) Act 1999\n\n11 At the end of section 12AAA\n\nAdd:\n\n ; or (c) 2008 one‑off payment to older Australians.\n\n12 Subsection 47(1) (after paragraph (gb) of the definition of lump sum benefit)\n\nInsert:\n\n (gc) 2008 one‑off payment to older Australians; or\n\n13 Sections 47AA and 47AB\n\nRepeal the sections, substitute:\n\n#### 47AA Payment of one‑off payments to older Australians\n\n (1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum:\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Secretary considers appropriate.\n (2) The payments are the following:\n (a) 2006 one‑off payment to older Australians;\n (b) 2007 one‑off payment to older Australians;\n (c) 2008 one‑off payment to older Australians.\n\n14 Application\n\nTo avoid doubt, the amendment made by item 13 does not entitle a person to a payment of 2006 one‑off payment to older Australians or 2007 one‑off payment to older Australians if such a payment has already been paid to the person under section 47AA or 47AB of the Social Security (Administration) Act 1999 (as in force before the commencement of this item).\n\nVeterans’ Entitlements Act 1986\n\n15 After Part VIIE\n\nInsert:\n\n## Part VIIF—2008 one‑off payment to older Australians\n\n#### 118ZZL 2008 one‑off payment to older Australians\n\n Eligible if this section applies\n (1) A person is eligible for a 2008 one‑off payment to older Australians if subsection (2) or (3) applies to the person.\n Eligible because of income support payments\n (2) This subsection applies to a person if:\n (a) the person has reached qualifying age within the meaning of subsection 5Q(1) on or before 13 May 2008; and\n (b) a service pension or an income support supplement was payable to the person in respect of an instalment period that includes 13 May 2008; and\n (c) the pension or supplement was payable because of a claim the person made on or before 13 May 2008; and\n (d) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n Eligible because eligible for seniors concession allowance\n (3) This subsection applies to a person if:\n (a) on 13 May 2008, the person was eligible for seniors concession allowance under section 118PA; or\n (b) both:\n (i) on or before 13 May 2008, the person made a claim for a seniors health card under Division 2 of Part VIIC and had not withdrawn that claim on or before 13 May 2008; and\n (ii) on 13 May 2008, the person either was eligible for the card or would have been so eligible but for being temporarily absent from Australia for a continuous period not exceeding 13 weeks.\n One one‑off payment only\n (4) A person may receive one payment only under this section, regardless of how many times the person becomes eligible under this section.\n\n#### 118ZZM Amount of the one‑off payment\n\n The amount of the one‑off payment under section 118ZZL is $500.\n\n#### 118ZZN Claim not required for 2008 one‑off payment to older Australians\n\n A claim is not required for 2008 one‑off payment to older Australians.\n\n#### 118ZZO Payment of 2008 one‑off payment to older Australians\n\n If an individual is eligible for a 2008 one‑off payment to older Australians, the Commission must pay the payment to the individual in a single lump sum:\n (a) on the date that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Commission considers appropriate.\n\n#### 118ZZP Debts arising in respect of 2008 one‑off payment to older Australians\n\n (1) This section applies in relation to an individual who has been paid a 2008 one‑off payment to older Australians (the relevant payment) under this Part.\n (2) If the individual was eligible for the relevant payment because of subsection 118ZZL(2), a relevant determination is a determination made under Part III or Part IIIA because of which the pension or supplement referred to in paragraph 118ZZL(2)(b) was payable.\n (3) If the individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of holding or having held a seniors health card, a relevant determination is a determination made under this Act because of which the person became the holder of the card.\n (4) If:\n (a) after the relevant payment was made to the individual, a relevant determination in relation to the individual, at least so far as it relates to 13 May 2008 or to a period that includes that day, is or was (however described) changed, revoked, set aside or superseded by another determination; and\n (b) the decision to change, revoke, set aside or supersede the relevant determination is or was made for the reason, or for reasons including the reason, that the individual knowingly made a false or misleading statement, or knowingly provided false information; and\n (c) had the change, revocation, setting aside or superseding occurred on or before 13 May 2008, the relevant payment would not have been made;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (5) If:\n (a) an individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of having claimed a seniors health card; and\n (b) the individual knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and\n (c) but for that statement or information, the relevant payment would not have been paid to the individual;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (6) If:\n (a) an individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of holding or having held a gold card; and\n (b) the individual knowingly made a false or misleading statement, or knowingly provided false information, that resulted (directly or indirectly) in the individual becoming the holder of the gold card; and\n (c) but for that statement or information, the relevant payment would not have been paid to the individual;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (7) The other provisions of this Act under which debts arise do not apply in relation to payments to which this section applies.\n (8) A debt that arises under this section is a recoverable amount within the meaning of subsection 205(8).\n\n \n\nPart 2—Related amendments\n\nIncome Tax Assessment Act 1936\n\n16 Subsection 159J(6) (after paragraph (adad) of the definition of separate net income)\n\nInsert:\n\n (adae) does not include 2008 one‑off payment to older Australians under the Social Security Act 1991 or the Veterans’ Entitlements Act 1986; and\n (adaf) does not include payments to older Australians under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008; and\n\nIncome Tax Assessment Act 1997\n\n17 Section 11‑15 (table item headed “social security or like payments”)\n\nAfter:\n\n| payments under the scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007............................................................................ | 52‑65 |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n\ninsert:\n\n| 2008 one‑off payment to older Australians under the Social Security Act 1991 | 52‑10 |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n| payments under a scheme determined under item 1 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑10 |\n| 2008 one‑off payment to older Australians under the Veterans’ Entitlements Act 1986 | 52‑65 |\n| payments under the scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑65 |\n\n18 After paragraph 52‑10(1)(baa)\n\nInsert:\n\n (bab) 2008 one‑off payment to older Australians; or\n\n19 Subsection 52‑10(1B)\n\nAfter “aged under”, insert “Division 1 of”.\n\n20 Subsections 52‑10(1CA) and (1CAA)\n\nRepeal the subsections, substitute:\n\n (1CA) The following payments under the Social Security Act 1991 are exempt from income tax:\n (a) 2006 one‑off payment to older Australians (see Division 2 of Part 2.2B of that Act);\n (b) 2007 one‑off payment to older Australians (see Division 3 of Part 2.2B of that Act);\n (c) 2008 one‑off payment to older Australians (see Division 4 of Part 2.2B of that Act).\n\n21 At the end of subsection 52‑10(1CB)\n\nAdd:\n\n ; (c) a scheme determined under item 1 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n22 After paragraph 52‑65(1)(ba)\n\nInsert:\n\n (bb) 2008 one‑off payment to older Australians; or\n\n23 Subsections 52‑65(1B) and (1BA)\n\nRepeal the subsections, substitute:\n\n (1B) The following one‑off payments under the Veterans’ Entitlements Act 1986 are exempt from income tax:\n (a) 2006 one‑off payment to older Australians under Part VIID;\n (b) 2007 one‑off payment to older Australians under Part VIIE;\n (c) 2008 one‑off payment to older Australians under Part VIIF.\n\n24 At the end of subsection 52‑65(1C)\n\nAdd:\n\n ; (c) a scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n25 Section 52‑75 (after table item 1B)\n\nInsert:\n\n| 1C | 2008 one‑off payment to older Australians | Part VIIF | Not applicable |\n| --- | ----------------------------------------- | --------- | -------------- |\n\nSocial Security Act 1991\n\n26 After paragraph 8(8)(ye)\n\nInsert:\n\n (yf) 2008 one‑off payment to older Australians under the Veterans’ Entitlements Act;\n (yg) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n27 Part 2.2B (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.2B—One‑off payments to the aged and older Australians\n\n28 Before section 93X\n\nInsert:\n\n### Division 1—One‑off payment to the aged\n\n29 Part 2.2C (heading)\n\nRepeal the heading.\n\n30 Before section 93Y\n\nInsert:\n\n### Division 2—2006 one‑off payment to older Australians\n\n31 Part 2.2D (heading)\n\nRepeal the heading.\n\n32 Before section 93ZA\n\nInsert:\n\n### Division 3—2007 one‑off payment to older Australians\n\n33 Paragraph 1223ABAA(1)(a)\n\nOmit “Part 2.2C”, substitute “Division 2 of Part 2.2B”.\n\n34 Paragraph 1223ABAA(1)(b)\n\nOmit “Part 2.2D”, substitute “Division 3 of Part 2.2B”.\n\nSocial Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007\n\n35 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Part 2.2D”, substitute “Division 3 of Part 2.2.B”.\n\nSocial Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006\n\n36 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Part 2.2C”, substitute “Division 2 of Part 2.2B”.\n\nVeterans’ Entitlements Act 1986\n\n37 After paragraph 5H(8)(zzad)\n\nInsert:\n\n (zzae) 2008 one‑off payment to older Australians under Part VIIF;\n (zzaf) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n \n\nSchedule 2—Administrative schemes for 2008 one‑off payments to older Australians\n\n1 Administrative scheme for 2008 one‑off payments to older Australians (social security)\n\n(1) Subject to this item, a Minister administering provisions of the Social Security Act 1991 may, by legislative instrument, determine a scheme under which one‑off payments may be made to older Australians in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\nNote: Because there is more than one Minister administering provisions of the Social Security Act 1991, there may be more than one scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Division 4 of Part 2.2B of the Social Security Act 1991 does not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 1223ABAA of the Social Security Act 1991;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n2 Administrative scheme for 2008 one‑off payments to older Australians (veterans)\n\n(1) Subject to this item, the Minister administering the Veterans’ Entitlements Act 1986 may, by legislative instrument, determine a scheme under which one‑off payments may be made to older Australians in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Part VIIF of the Veterans’ Entitlements Act 1986 does not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 118ZZP of the Veterans’ Entitlements Act 1986;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n \n\nSchedule 3—2008 one‑off payments to carers\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 At the end of Part 2.5A\n\nAdd:\n\n### Division 12—2008 one‑off payment to carers eligible for carer payment\n\n#### 269 2008 one‑off payment to carers (carer payment related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer payment related) if:\n (a) the person has been paid an instalment of carer payment in respect of a period that includes 13 May 2008; and\n (b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 270 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 13—2008 one‑off payment to carers eligible for wife pension\n\n#### 271 2008 one‑off payment to carers (wife pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (wife pension related) if:\n (a) the person:\n (i) has been paid an instalment of wife pension in respect of a period that includes 13 May 2008; and\n (ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and\n (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (i) the instalment was in respect of a period that includes 13 May 2008;\n (ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 272 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 14—2008 one‑off payment to carers eligible for partner service pension\n\n#### 273 2008 one‑off payment to carers (partner service pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (partner service pension related) if:\n (a) the person:\n (i) has been paid an instalment of partner service pension under Part III of the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and\n (ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and\n (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (i) the instalment was in respect of a period that includes 13 May 2008;\n (ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 274 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 15—2008 one‑off payment to carers eligible for carer service pension\n\n#### 275 2008 one‑off payment to carers (carer service pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer service pension related) if:\n (a) the person has been paid an instalment of carer service pension as a result of the operation of subclause 8(2) or (4) of Schedule 5 to the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and\n (b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 276 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n2 At the end of Part 2.19A\n\nAdd:\n\n### Division 5—2008 one‑off payment to carers eligible for carer allowance\n\n#### 992WD 2008 one‑off payment to carers (carer allowance related)\n\n (1) A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (a) the instalment was in respect of a period that includes 13 May 2008;\n (b) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (c) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n (2) For the purposes of this Part, the instalment, or each instalment, in relation to which paragraphs (1)(a), (b) and (c) are satisfied is a qualifying instalment.\n\n#### 992WE Eligible care receivers\n\n (1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.\n (2) If subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.\n\n#### 992WF Amount of the one‑off payment\n\n Add together the amounts applicable under this section for each eligible care receiver\n (1) The amount of the one‑off payment to the qualified person is worked out by adding together the amounts applicable under this section for each eligible care receiver.\n Amount is $600 unless subsection (3) applies\n (2) Subject to subsection (3), the amount applicable for an eligible care receiver is $600.\n Reduced amount if instalment rate took account of a subsection 981(1) determination\n (3) If the rate at which a qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver, the amount applicable for the eligible care receiver is that share of $600.\n\n3 Certain claims that would otherwise be taken to have been made on or before 13 May 2008\n\nFor the purposes of the provisions inserted by items 1 and 2, the following are to be disregarded:\n\n (a) the effect of section 12 of the Social Security (Administration) Act 1999, so far as it relates to a determination under that section that is made after 13 May 2008;\n (b) the effect of section 15 of the Social Security (Administration) Act 1999, so far as it relates to the Secretary becoming satisfied of a matter, as mentioned in that section, after 13 May 2008.\n\n4 At the end of subsection 1223ABA(1)\n\nAdd:\n\n ; or (p) 2008 one‑off payment to carers (carer payment related); or\n (q) 2008 one‑off payment to carers (wife pension related); or\n (r) 2008 one‑off payment to carers (partner service pension related); or\n (s) 2008 one‑off payment to carers (carer service pension related); or\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n5 After subsection 1223ABA(3CJ)\n\nInsert:\n\n (3CK) If the relevant payment is a payment of 2008 one‑off payment to carers (carer payment related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the instalment of carer payment referred to in section 269 of this Act was paid.\n (3CL) If the relevant payment is a payment of 2008 one‑off payment to carers (wife pension related), a relevant determination is:\n (a) a determination made under Part 3 of the Administration Act because of which the instalment of wife pension referred to in section 271 of this Act was paid; or\n (b) a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 271 of this Act was paid.\n (3CM) If the relevant payment is a payment of 2008 one‑off payment to carers (partner service pension related), a relevant determination is:\n (a) a determination made under the Veterans’ Entitlements Act because of which the instalment of partner service pension referred to in section 273 of this Act was paid; or\n (b) a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 273 of this Act was paid.\n (3CN) If the relevant payment is a payment of 2008 one‑off payment to carers (carer service pension related), a relevant determination is a determination made under the Veterans’ Entitlements Act because of which the instalment of carer service pension referred to in section 275 of this Act was paid.\n (3CO) If the relevant payment is a payment of 2008 one‑off payment to carers (carer allowance related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 992WD of this Act was paid.\n\n6 At the end of subsection 1223ABA(3D)\n\nAdd:\n\n ; or (e) 13 May 2008, if the relevant payment is a payment of:\n (i) 2008 one‑off payment to carers (carer payment related); or\n (ii) 2008 one‑off payment to carers (wife pension related); or\n (iii) 2008 one‑off payment to carers (partner service pension related); or\n (iv) 2008 one‑off payment to carers (carer service pension related); or\n (v) 2008 one‑off payment to carers (carer allowance related).\n\nSocial Security (Administration) Act 1999\n\n7 Sections 12AA to 12AD\n\nRepeal the sections, substitute:\n\n#### 12AA One‑off payments to carers\n\n A claim is not required for the following:\n (a) one‑off payment to carers (carer allowance related);\n (b) one‑off payment to carers (carer payment related);\n (c) 2005 one‑off payment to carers (carer payment related);\n (d) 2005 one‑off payment to carers (carer service pension related);\n (e) 2005 one‑off payment to carers (carer allowance related);\n (f) 2006 one‑off payment to carers (carer payment related);\n (g) 2006 one‑off payment to carers (wife pension related);\n (h) 2006 one‑off payment to carers (partner service pension related);\n (i) 2006 one‑off payment to carers (carer service pension related);\n (j) 2006 one‑off payment to carers (carer allowance related);\n (k) 2007 one‑off payment to carers (carer payment related);\n (l) 2007 one‑off payment to carers (wife pension related);\n (m) 2007 one‑off payment to carers (partner service pension related);\n (n) 2007 one‑off payment to carers (carer service pension related);\n (o) 2007 one‑off payment to carers (carer allowance related);\n (p) 2008 one‑off payment to carers (carer payment related);\n (q) 2008 one‑off payment to carers (wife pension related);\n (r) 2008 one‑off payment to carers (partner service pension related);\n (s) 2008 one‑off payment to carers (carer service pension related);\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n8 Subsection 47(1) (after paragraph (hn) of the definition of lump sum benefit)\n\nInsert:\n\n (ho) 2008 one‑off payment to carers (carer payment related); or\n (hp) 2008 one‑off payment to carers (wife pension related); or\n (hq) 2008 one‑off payment to carers (partner service pension related); or\n (hr) 2008 one‑off payment to carers (carer service pension related); or\n (hs) 2008 one‑off payment to carers (carer allowance related); or\n\n9 Sections 47B to 47E\n\nRepeal the sections, substitute:\n\n#### 47B Payment of one‑off payments to carers\n\n (1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum:\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Secretary considers appropriate.\n (2) The payments are the following:\n (a) one‑off payment to carers (carer allowance related);\n (b) one‑off payment to carers (carer payment related);\n (c) 2005 one‑off payment to carers (carer payment related);\n (d) 2005 one‑off payment to carers (carer service pension related);\n (e) 2005 one‑off payment to carers (carer allowance related);\n (f) 2006 one‑off payment to carers (carer payment related);\n (g) 2006 one‑off payment to carers (wife pension related);\n (h) 2006 one‑off payment to carers (partner service pension related);\n (i) 2006 one‑off payment to carers (carer service pension related);\n (j) 2006 one‑off payment to carers (carer allowance related);\n (k) 2007 one‑off payment to carers (carer payment related);\n (l) 2007 one‑off payment to carers (wife pension related);\n (m) 2007 one‑off payment to carers (partner service pension related);\n (n) 2007 one‑off payment to carers (carer service pension related);\n (o) 2007 one‑off payment to carers (carer allowance related);\n (p) 2008 one‑off payment to carers (carer payment related);\n (q) 2008 one‑off payment to carers (wife pension related);\n (r) 2008 one‑off payment to carers (partner service pension related);\n (s) 2008 one‑off payment to carers (carer service pension related);\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n10 Application\n\nTo avoid doubt, the amendment made by item 9 does not entitle a person to a payment mentioned in paragraphs 47B(2)(a) to (o) of the Social Security (Administration) Act 1999 (as inserted by item 9) if such a payment has already been paid to the person under section 47B, 47C, 47D or 47E of the that Act (as in force before the commencement of this item).\n\n \n\nPart 2—Related amendments\n\nIncome Tax Assessment Act 1936\n\n11 Subsection 159J(6) (subparagraph (ad)(xvi) of the definition of separate net income)\n\nOmit “and”.\n\n12 Subsection 159J(6) (at the end of paragraph (ad) of the definition of separate net income)\n\nAdd:\n\n (xvii) 2008 one‑off payment to carers (carer payment related);\n (xviii) 2008 one‑off payment to carers (wife pension related);\n (xix) 2008 one‑off payment to carers (partner service pension related);\n (xx) 2008 one‑off payment to carers (carer service pension related);\n (xxi) 2008 one‑off payment to carers (carer allowance related); and\n\n13 Subsection 159J(6) (after paragraph (add) of the definition of separate net income)\n\nInsert:\n\n (ade) does not include payments to carers under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008; and\n\nIncome Tax Assessment Act 1997\n\n14 Section 11‑15 (table item headed “social security or like payments”)\n\nAfter:\n\n| payments under the scheme determined under Schedule 4 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007............................................................................ | 52‑10 |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n\ninsert:\n\n| 2008 one‑off payment to carers (carer payment related), 2008 one‑off payment to carers (wife pension related), 2008 one‑off payment to carers (partner service pension related), 2008 one‑off payment to carers (carer service pension related) or 2008 one‑off payment to carers (carer allowance related) | 52‑10 |\n| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n| payments under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑10 |\n\n15 Paragraph 52‑10(1)(r)\n\nRepeal the paragraph, substitute:\n\n (r) 2008 one‑off payment to carers (carer payment related); or\n (s) 2008 one‑off payment to carers (wife pension related); or\n (t) 2008 one‑off payment to carers (partner service pension related); or\n (u) 2008 one‑off payment to carers (carer service pension related); or\n (v) 2008 one‑off payment to carers (carer allowance related); or\n (w) payments under a scheme referred to in subsection (1E).\n\n16 Paragraph 52‑10(1D)(a)\n\nOmit “Part 2.5A”, substitute “Division 1 of Part 2.5A”.\n\n17 Paragraph 52‑10(1D)(b)\n\nOmit “Part 2.19A”, substitute “Division 1 of Part 2.19A”.\n\n18 Paragraph 52‑10(1D)(c)\n\nOmit “Part 2.5B”, substitute “Division 2 of Part 2.5A”.\n\n19 Paragraph 52‑10(1D)(d)\n\nOmit “Part 2.5C”, substitute “Division 3 of Part 2.5A”.\n\n20 Paragraph 52‑10(1D)(e)\n\nOmit “Part 2.19B”, substitute “Division 2 of Part 2.19A”.\n\n21 Paragraph 52‑10(1D)(f)\n\nOmit “Part 2.5D”, substitute “Division 4 of Part 2.5A”.\n\n22 Paragraph 52‑10(1D)(g)\n\nOmit “Part 2.5E”, substitute “Division 5 of Part 2.5A”.\n\n23 Paragraph 52‑10(1D)(h)\n\nOmit “Part 2.5F”, substitute “Division 6 of Part 2.5A”.\n\n24 Paragraph 52‑10(1D)(i)\n\nOmit “Part 2.5G”, substitute “Division 7 of Part 2.5A”.\n\n25 Paragraph 52‑10(1D)(j)\n\nOmit “Part 2.19C”, substitute “Division 3 of Part 2.19A”.\n\n26 Paragraph 52‑10(1D)(k)\n\nOmit “Part 2.5H”, substitute “Division 8 of Part 2.5A”.\n\n27 Paragraph 52‑10(1D)(l)\n\nOmit “Part 2.5J”, substitute “Division 9 of Part 2.5A”.\n\n28 Paragraph 52‑10(1D)(m)\n\nOmit “Part 2.5K”, substitute “Division 10 of Part 2.5A”.\n\n29 Paragraph 52‑10(1D)(n)\n\nOmit “Part 2.5L”, substitute “Division 11 of Part 2.5A”.\n\n30 Paragraph 52‑10(1D)(o)\n\nOmit “Part 2.19D”, substitute “Division 4 of Part 2.19A”.\n\n31 At the end of subsection 52‑10(1D)\n\nAdd:\n\n ; (p) 2008 one‑off payment to carers (carer payment related) (see Division 12 of Part 2.5A of that Act);\n (q) 2008 one‑off payment to carers (wife pension related) (see Division 13 of Part 2.5A of that Act);\n (r) 2008 one‑off payment to carers (partner service pension related) (see Division 14 of Part 2.5A of that Act);\n (s) 2008 one‑off payment to carers (carer service pension related) (see Division 15 of Part 2.5A of that Act);\n (t) 2008 one‑off payment to carers (carer allowance related) (see Division 5 of Part 2.19A of that Act).\n\n32 At the end of subsection 52‑10(1E)\n\nAdd:\n\n ; (e) a scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\nSocial Security Act 1991\n\n33 After paragraph 8(8)(jae)\n\nInsert:\n\n (jaf) a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n34 Part 2.5A (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.5A—One‑off payments to carers eligible for carer payment\n\n35 Before section 247\n\nInsert:\n\n### Division 1—One‑off payment to carers eligible for carer payment\n\n36 Section 247 (note)\n\nOmit “Part 2.19A”, substitute “Division 1 of Part 2.19A”.\n\n37 Part 2.5B (heading)\n\nRepeal the heading.\n\n38 Before section 249\n\nInsert:\n\n### Division 2—2005 one‑off payment to carers eligible for carer payment\n\n39 Section 249 (note)\n\nOmit “Part 2.19B”, substitute “Division 2 of Part 2.19A”.\n\n40 Part 2.5C (heading)\n\nRepeal the heading.\n\n41 Before section 251\n\nInsert:\n\n### Division 3—2005 one‑off payment to carers eligible for carer service pension\n\n42 Part 2.5D (heading)\n\nRepeal the heading.\n\n43 Before section 253\n\nInsert:\n\n### Division 4—2006 one‑off payment to carers eligible for carer payment\n\n44 Part 2.5E (heading)\n\nRepeal the heading.\n\n45 Before section 255\n\nInsert:\n\n### Division 5—2006 one‑off payment to carers eligible for wife pension\n\n46 Part 2.5F (heading)\n\nRepeal the heading.\n\n47 Before section 257\n\nInsert:\n\n### Division 6—2006 one‑off payment to carers eligible for partner service pension\n\n48 Part 2.5G (heading)\n\nRepeal the heading.\n\n49 Before section 259\n\nInsert:\n\n### Division 7—2006 one‑off payment to carers eligible for carer service pension\n\n50 Part 2.5H (heading)\n\nRepeal the heading.\n\n51 Before section 261\n\nInsert:\n\n### Division 8—2007 one‑off payment to carers eligible for carer payment\n\n52 Part 2.5J (heading)\n\nRepeal the heading.\n\n53 Before section 263\n\nInsert:\n\n### Division 9—2007 one‑off payment to carers eligible for wife pension\n\n54 Part 2.5K (heading)\n\nRepeal the heading.\n\n55 Before section 265\n\nInsert:\n\n### Division 10—2007 one‑off payment to carers eligible for partner service pension\n\n56 Part 2.5L (heading)\n\nRepeal the heading.\n\n57 Before section 267\n\nInsert:\n\n### Division 11—2007 one‑off payment to carers eligible for carer service pension\n\n58 Part 2.19A (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.19A—One‑off payments to carers eligible for carer allowance\n\n59 Before section 992N\n\nInsert:\n\n### Division 1—One‑off payment to carers eligible for carer allowance\n\n60 Subsection 992N(2) (note)\n\nOmit “Part 2.5A”, substitute “Division 1 of Part 2.5A”.\n\n61 Part 2.19B (heading)\n\nRepeal the heading.\n\n62 Before section 992Q\n\nInsert:\n\n### Division 2—2005 one‑off payment to carers eligible for carer allowance\n\n63 Subsection 992Q(2) (note)\n\nOmit “Part 2.5B”, substitute “Division 2 of Part 2.5A”.\n\n64 Part 2.19C (heading)\n\nRepeal the heading.\n\n65 Before section 992T\n\nInsert:\n\n### Division 3—2006 one‑off payment to carers eligible for carer allowance\n\n66 Part 2.19D (heading)\n\nRepeal the heading.\n\n67 Before section 992WA\n\nInsert:\n\n### Division 4—2007 one‑off payment to carers eligible for carer allowance\n\nSocial Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007\n\n68 Paragraph 1(2)(a) of Schedule 4\n\nOmit “Parts 2.5H, 2.5J, 2.5K, 2.5L and 2.19D”, substitute “Divisions 8, 9, 10 and 11 of Part 2.5A and Division 4 of Part 2.19A”.\n\nSocial Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006\n\n69 Paragraph 1(2)(a) of Schedule 4\n\nOmit “Parts 2.5D, 2.5E, 2.5F, 2.5G and 2.19C”, substitute “Divisions 4, 5, 6 and 7 of Part 2.5A and Division 3 of Part 2.19A”.\n\nSocial Security Legislation Amendment (One‑off Payments for Carers) Act 2005\n\n70 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Parts 2.5B, 2.5C and 2.19B”, substitute “Divisions 2 and 3 of Part 2.5A and Division 2 of Part 2.19A”.\n\nVeterans’ Entitlements Act 1986\n\n71 At the end of subsection 5H(8) (before the note)\n\nAdd:\n\n ; (zze) a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n \n\nSchedule 4—Administrative scheme for 2008 one‑off payments to carers\n\n1 Administrative scheme for 2008 one‑off payments to carers\n\n(1) Subject to this item, the Minister administering Part 2.5 of the Social Security Act 1991 may, by legislative instrument, determine a scheme under which one‑off payments may be made to carers in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Divisions 12 to 15 of Part 2.5A and Division 5 of Part 2.19A of the Social Security Act 1991 do not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 1223ABA of the Social Security Act 1991;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n \n\nSchedule 5—Non‑cancellation of concession cards for temporary overseas absences\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 Subsection 6A(1)\n\nInsert:\n\n> concession card means:\n\n (a) a pensioner concession card; or\n (b) a health care card; or\n (c) a seniors health card.\n\n2 At the end of subsections 1061ZA(3) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n3 At the end of subsection 1061ZB(2)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n4 At the end of subsections 1061ZC(2) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n5 At the end of subsections 1061ZD(4) and (6)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n6 At the end of subsections 1061ZE(4) and (6)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n7 At the end of subsections 1061ZEA(3) and (5)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n8 At the end of subsection 1061ZEB(3)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n9 At the end of subsection 1061ZG(1)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a seniors health card for a maximum period of up to 13 weeks (see Division 4).\n\n10 At the end of subsection 1061ZN(1)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 13 weeks (see Division 4).\n\n11 At the end of subsections 1061ZO(2), (3) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 13 weeks (see Division 4).\n\n12 At the end of Part 2A.1\n\nAdd:\n\n### Division 4—Non‑cancellation of concession cards for temporary overseas absences\n\n#### 1061ZUA Persons to whom Division applies\n\n (1) This Division applies to a person if:\n (a) the person leaves Australia temporarily (see subsection (2)); and\n (b) the person is continuously absent from Australia during a period (the period of absence) beginning on the day the person leaves Australia; and\n (c) any of the following applies:\n (i) immediately before the period of absence commences, the person was the holder of a concession card;\n (ii) during the period of absence, the person’s claim for a seniors health card or a health care card is granted under the Administration Act;\n (iii) during the period of absence, the person is issued an automatic issue card.\n (2) For the purposes of paragraph (1)(a), in determining if an absence is temporary, regard must be had to:\n (a) the purpose of the absence; and\n (b) the intended duration of the absence.\n\n#### 1061ZUB Non‑cancellation of concession cards for temporary overseas absences\n\n (1) Throughout the person’s maximum non‑cancellation period (see subsection (3)), the person’s qualification for the concession card is not affected merely by the absence.\n (2) Throughout so much (if any) of the period of absence as occurs after the end of the period of 13 weeks beginning on the day the person leaves Australia, the person is not qualified for the concession card.\n (3) For the purposes of subsection (1), a person’s maximum non‑cancellation period is the shorter of the following periods:\n (a) the person’s period of absence;\n (b) the period of 13 weeks beginning on the day the person leaves Australia.\n\n#### 1061ZUC Extension cards\n\n (1) This section applies if:\n (a) a person qualifies for a concession card under the following section (the qualification section):\n (i) section 1061ZB, 1061ZC, 1061ZD, 1061ZE, 1061ZEB or 1061ZM;\n (ii) section 1061ZEA as a result of the operation of subsection 1061ZEA(2A); and\n (b) as a result of subsection 1061ZUB(1), the person’s qualification for the card is not affected by a period of absence; and\n (c) at the end of the period of 13 weeks mentioned in subsection 1061ZUB(2), the card is cancelled; and\n (d) after that time, the person returns to Australia; and\n (e) the person qualifies again for the card under the qualification section (and in the case of section 1061ZEA, the person qualifies as a result of the operation of subsection 1061ZEA(2A)); and\n (f) the period for which the person was qualified under the qualification section has not yet ended.\n (2) To avoid doubt, the person continues to qualify for the concession card until the end of the period for which the person was qualified under the qualification section (unless the person ceases to be qualified for the card at an earlier time).\n\nSocial Security (Administration) Act 1999\n\n13 Subclause 1(1) of Schedule 1 (definition of concession card)\n\nRepeal the definition.\n\nVeterans’ Entitlements Act 1986\n\n14 Paragraphs 118PA(1)(a) and (b)\n\nRepeal the paragraphs, substitute:\n\n (a) the person is the holder of a seniors health card; or\n\n15 Paragraph 118V(1)(e)\n\nRepeal the paragraph, substitute:\n\n (e) is either:\n (i) in Australia; or\n (ii) temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n16 At the end of subsection 118V(1)\n\nAdd:\n\n> Note 5: For temporarily see section 5Q.\n\n17 Paragraph 118V(1A)(d)\n\nRepeal the paragraph, substitute:\n\n (d) is either:\n (i) in Australia; or\n (ii) temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n18 Paragraph 118V(2)(e)\n\nRepeal the paragraph, substitute:\n\n (e) the person:\n (i) is in Australia; or\n (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n19 At the end of subsection 118V(2)\n\nAdd:\n\n> Note 6: For temporarily see section 5Q.\n\n20 Paragraph 118V(3)(e)\n\nRepeal the paragraph, substitute:\n\n (e) the person:\n (i) is in Australia; or\n (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n21 At the end of subsection 118V(3)\n\nAdd:\n\n> Note 6: For temporarily see section 5Q.\n\n \n\nPart 2—Amendments contingent on the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008\n\nDivision 1—Amendments if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 receives the Royal Assent on the same day or earlier\n\nVeterans’ Entitlements Act 1986\n\n22 At the end of subsection 118V(1A)\n\nAdd:\n\n> Note 5: For temporarily see section 5Q.\n\nDivision 2—Amendments if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 does not receive the Royal Assent on the same day or earlier\n\nVeterans’ Entitlements Act 1986\n\n23 At the end of subsection 118V(1A)\n\nAdd:\n\n> Note 3A: For temporarily see section 5Q.\n\nVeterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008\n\n24 Section 2\n\nRepeal the section, substitute:\n\n#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

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.

2. Schedule 1

1 July 2008.

1 July 2008

3. Schedule 2, items 1 to 37

1 July 2008.

1 July 2008

4. Schedule 2, item 38

Immediately after the commencement of item 23 of Schedule 5 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.

5. Schedule 2, item 39

1 July 2008.

1 July 2008

6. Schedule 3

1 July 2008.

1 July 2008

\n```\n\n> Note: 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\n \n\nPart 3—Application\n\n25 Application\n\nThe amendments made by this Schedule apply in relation to a person who leaves Australia on or after 1 July 2008.","sortOrder":23},{"sectionNumber":"273","sectionType":"section","heading":"2008 one‑off payment to carers (partner service pension related)","content":"#### 273 2008 one‑off payment to carers (partner service pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (partner service pension related) if:\n (a) the person:\n (i) has been paid an instalment of partner service pension under Part III of the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and\n (ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and\n (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (i) the instalment was in respect of a period that includes 13 May 2008;\n (ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.","sortOrder":24},{"sectionNumber":"274","sectionType":"section","heading":"Amount of the one‑off payment","content":"#### 274 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.","sortOrder":25},{"sectionNumber":"Division 15","sectionType":"division","heading":"2008 one‑off payment to carers eligible for carer service pension","content":"An Act to amend the law relating to social security and veterans’ entitlements, and for other purposes\n\n\\[Assented to 26 May 2008\\]\n\nThe Parliament of Australia enacts:\n\n#### 1 Short title\n\n This Act may be cited as the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

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.

26 May 2008

2. Schedule 1, Part 1

Immediately after the commencement of the provision(s) covered by table item 3.

26 May 2008

3. Schedule 1, Part 2

The day on which this Act receives the Royal Assent.

26 May 2008

4. Schedule 2

The day on which this Act receives the Royal Assent.

26 May 2008

5. Schedule 3, Part 1

Immediately after the commencement of the provision(s) covered by table item 6.

26 May 2008

6. Schedule 3, Part 2

The day on which this Act receives the Royal Assent.

26 May 2008

7. Schedule 4

The day on which this Act receives the Royal Assent.

26 May 2008

8. Schedule 5, Part 1

1 July 2008.

1 July 2008

9. Schedule 5, Part 2, Division 1

Immediately after the commencement of item 38 of Schedule 2 to the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008.

However, the provision(s) do not commence at all if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 does not receive the Royal Assent on or before the day on which this Act receives the Royal Assent.

Does not commence

10. Schedule 5, item 23

1 July 2008.

However, the provision(s) do not commence at all if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 receives the Royal Assent on or before the day on which this Act receives the Royal Assent.

1 July 2008

11. Schedule 5, item 24

Immediately before the commencement of section 2 of the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008.

However, the provision(s) do not commence at all if that Act receives the Royal Assent on or before the day on which this Act receives the Royal Assent.

1 July 2008

12. Schedule 5, Part 3

1 July 2008.

1 July 2008

\n```\n\n> Note: 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\n#### 3 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\nSchedule 1—2008 one‑off payments to older Australians\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 At the end of Part 2.2B\n\nAdd:\n\n### Division 4—2008 one‑off payment to older Australians\n\n#### 93ZC 2008 one‑off payment to older Australians\n\n Qualified if this section applies\n (1) A person is qualified for a 2008 one‑off payment to older Australians if subsection (2), (3) or (4) applies to the person.\n Qualified because of income support payments\n (2) This subsection applies to a person if:\n (a) the person has reached pension age on or before 13 May 2008; and\n (b) the person was receiving an income support payment, other than service pension or income support supplement, in respect of an instalment period that includes 13 May 2008; and\n (c) the person was receiving that payment because of a claim the person made on or before 13 May 2008; and\n (d) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n Qualified because qualified for seniors concession allowance\n (3) This subsection applies to a person if:\n (a) on 13 May 2008, the person was qualified for seniors concession allowance under section 1061U; or\n (b) both:\n (i) on or before 13 May 2008, the person made a claim for a seniors health card under Division 1 of Part 3 of the Administration Act and had not withdrawn that claim on or before 13 May 2008; and\n (ii) on 13 May 2008, the person either was qualified for the card or would have been so qualified but for being temporarily absent from Australia for a continuous period not exceeding 13 weeks.\n Qualified because receiving certain allowances\n (4) This subsection applies to a person if:\n (a) the person was receiving a widow allowance, mature age allowance, partner allowance, wife pension or widow B pension in respect of an instalment period that includes 13 May 2008; and\n (b) the person was receiving that allowance or pension because of a claim the person made on or before 13 May 2008; and\n (c) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n One one‑off payment only\n (5) A person may receive one payment only under this section, regardless of how many times the person qualifies under this section.\n (6) Despite anything else in this section, a person is not qualified for a payment under this section if the person is eligible for a payment under section 118ZZL of the Veterans’ Entitlements Act.\n\n#### 93ZD Amount of the one‑off payment\n\n The amount of the one‑off payment under section 93ZC is $500.\n\n2 Certain claims that would otherwise be taken to have been made on or before 13 May 2008\n\nFor the purposes of the provisions inserted by item 1, the following are to be disregarded:\n\n (a) the effect of section 12 of the Social Security (Administration) Act 1999, so far as it relates to a determination under that section that is made after 13 May 2008;\n (b) the effect of section 15 of the Social Security (Administration) Act 1999, so far as it relates to the Secretary becoming satisfied of a matter, as mentioned in that section, after 13 May 2008.\n\n3 At the end of subsection 1223ABAA(1)\n\nAdd:\n\n ; or (c) 2008 one‑off payment to older Australians under Division 4 of Part 2.2B.\n\n4 Subsection 1223ABAA(2)\n\nOmit “or 93ZA(2)”, substitute “, 93ZA(2) or 93ZC(2)”.\n\n5 Subsection 1223ABAA(2)\n\nOmit “or 93ZA(2)(b)”, substitute “, 93ZA(2)(b) or 93ZC(2)(b)”.\n\n6 Subsection 1223ABAA(3)\n\nOmit “or 93ZA(3)”, substitute “, 93ZA(3) or 93ZC(3)”.\n\n7 Subsection 1223ABAA(4)\n\nOmit “or 93ZA(4)”, substitute “, 93ZA(4) or 93ZC(4)”.\n\n8 Subsection 1223ABAA(4)\n\nOmit “or 93ZA(4)(a)”, substitute “, 93ZA(4)(a) or 93ZC(4)(a)”.\n\n9 At the end of subsection 1223ABAA(4A)\n\nAdd:\n\n ; or (c) for a payment of 2008 one‑off payment to older Australians—13 May 2008.\n\n10 Paragraph 1223ABAA(6)(a)\n\nOmit “or 93ZA(3)”, substitute “, 93ZA(3) or 93ZC(3)”.\n\nSocial Security (Administration) Act 1999\n\n11 At the end of section 12AAA\n\nAdd:\n\n ; or (c) 2008 one‑off payment to older Australians.\n\n12 Subsection 47(1) (after paragraph (gb) of the definition of lump sum benefit)\n\nInsert:\n\n (gc) 2008 one‑off payment to older Australians; or\n\n13 Sections 47AA and 47AB\n\nRepeal the sections, substitute:\n\n#### 47AA Payment of one‑off payments to older Australians\n\n (1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum:\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Secretary considers appropriate.\n (2) The payments are the following:\n (a) 2006 one‑off payment to older Australians;\n (b) 2007 one‑off payment to older Australians;\n (c) 2008 one‑off payment to older Australians.\n\n14 Application\n\nTo avoid doubt, the amendment made by item 13 does not entitle a person to a payment of 2006 one‑off payment to older Australians or 2007 one‑off payment to older Australians if such a payment has already been paid to the person under section 47AA or 47AB of the Social Security (Administration) Act 1999 (as in force before the commencement of this item).\n\nVeterans’ Entitlements Act 1986\n\n15 After Part VIIE\n\nInsert:\n\n## Part VIIF—2008 one‑off payment to older Australians\n\n#### 118ZZL 2008 one‑off payment to older Australians\n\n Eligible if this section applies\n (1) A person is eligible for a 2008 one‑off payment to older Australians if subsection (2) or (3) applies to the person.\n Eligible because of income support payments\n (2) This subsection applies to a person if:\n (a) the person has reached qualifying age within the meaning of subsection 5Q(1) on or before 13 May 2008; and\n (b) a service pension or an income support supplement was payable to the person in respect of an instalment period that includes 13 May 2008; and\n (c) the pension or supplement was payable because of a claim the person made on or before 13 May 2008; and\n (d) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n Eligible because eligible for seniors concession allowance\n (3) This subsection applies to a person if:\n (a) on 13 May 2008, the person was eligible for seniors concession allowance under section 118PA; or\n (b) both:\n (i) on or before 13 May 2008, the person made a claim for a seniors health card under Division 2 of Part VIIC and had not withdrawn that claim on or before 13 May 2008; and\n (ii) on 13 May 2008, the person either was eligible for the card or would have been so eligible but for being temporarily absent from Australia for a continuous period not exceeding 13 weeks.\n One one‑off payment only\n (4) A person may receive one payment only under this section, regardless of how many times the person becomes eligible under this section.\n\n#### 118ZZM Amount of the one‑off payment\n\n The amount of the one‑off payment under section 118ZZL is $500.\n\n#### 118ZZN Claim not required for 2008 one‑off payment to older Australians\n\n A claim is not required for 2008 one‑off payment to older Australians.\n\n#### 118ZZO Payment of 2008 one‑off payment to older Australians\n\n If an individual is eligible for a 2008 one‑off payment to older Australians, the Commission must pay the payment to the individual in a single lump sum:\n (a) on the date that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Commission considers appropriate.\n\n#### 118ZZP Debts arising in respect of 2008 one‑off payment to older Australians\n\n (1) This section applies in relation to an individual who has been paid a 2008 one‑off payment to older Australians (the relevant payment) under this Part.\n (2) If the individual was eligible for the relevant payment because of subsection 118ZZL(2), a relevant determination is a determination made under Part III or Part IIIA because of which the pension or supplement referred to in paragraph 118ZZL(2)(b) was payable.\n (3) If the individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of holding or having held a seniors health card, a relevant determination is a determination made under this Act because of which the person became the holder of the card.\n (4) If:\n (a) after the relevant payment was made to the individual, a relevant determination in relation to the individual, at least so far as it relates to 13 May 2008 or to a period that includes that day, is or was (however described) changed, revoked, set aside or superseded by another determination; and\n (b) the decision to change, revoke, set aside or supersede the relevant determination is or was made for the reason, or for reasons including the reason, that the individual knowingly made a false or misleading statement, or knowingly provided false information; and\n (c) had the change, revocation, setting aside or superseding occurred on or before 13 May 2008, the relevant payment would not have been made;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (5) If:\n (a) an individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of having claimed a seniors health card; and\n (b) the individual knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and\n (c) but for that statement or information, the relevant payment would not have been paid to the individual;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (6) If:\n (a) an individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of holding or having held a gold card; and\n (b) the individual knowingly made a false or misleading statement, or knowingly provided false information, that resulted (directly or indirectly) in the individual becoming the holder of the gold card; and\n (c) but for that statement or information, the relevant payment would not have been paid to the individual;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (7) The other provisions of this Act under which debts arise do not apply in relation to payments to which this section applies.\n (8) A debt that arises under this section is a recoverable amount within the meaning of subsection 205(8).\n\n \n\nPart 2—Related amendments\n\nIncome Tax Assessment Act 1936\n\n16 Subsection 159J(6) (after paragraph (adad) of the definition of separate net income)\n\nInsert:\n\n (adae) does not include 2008 one‑off payment to older Australians under the Social Security Act 1991 or the Veterans’ Entitlements Act 1986; and\n (adaf) does not include payments to older Australians under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008; and\n\nIncome Tax Assessment Act 1997\n\n17 Section 11‑15 (table item headed “social security or like payments”)\n\nAfter:\n\n| payments under the scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007............................................................................ | 52‑65 |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n\ninsert:\n\n| 2008 one‑off payment to older Australians under the Social Security Act 1991 | 52‑10 |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n| payments under a scheme determined under item 1 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑10 |\n| 2008 one‑off payment to older Australians under the Veterans’ Entitlements Act 1986 | 52‑65 |\n| payments under the scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑65 |\n\n18 After paragraph 52‑10(1)(baa)\n\nInsert:\n\n (bab) 2008 one‑off payment to older Australians; or\n\n19 Subsection 52‑10(1B)\n\nAfter “aged under”, insert “Division 1 of”.\n\n20 Subsections 52‑10(1CA) and (1CAA)\n\nRepeal the subsections, substitute:\n\n (1CA) The following payments under the Social Security Act 1991 are exempt from income tax:\n (a) 2006 one‑off payment to older Australians (see Division 2 of Part 2.2B of that Act);\n (b) 2007 one‑off payment to older Australians (see Division 3 of Part 2.2B of that Act);\n (c) 2008 one‑off payment to older Australians (see Division 4 of Part 2.2B of that Act).\n\n21 At the end of subsection 52‑10(1CB)\n\nAdd:\n\n ; (c) a scheme determined under item 1 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n22 After paragraph 52‑65(1)(ba)\n\nInsert:\n\n (bb) 2008 one‑off payment to older Australians; or\n\n23 Subsections 52‑65(1B) and (1BA)\n\nRepeal the subsections, substitute:\n\n (1B) The following one‑off payments under the Veterans’ Entitlements Act 1986 are exempt from income tax:\n (a) 2006 one‑off payment to older Australians under Part VIID;\n (b) 2007 one‑off payment to older Australians under Part VIIE;\n (c) 2008 one‑off payment to older Australians under Part VIIF.\n\n24 At the end of subsection 52‑65(1C)\n\nAdd:\n\n ; (c) a scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n25 Section 52‑75 (after table item 1B)\n\nInsert:\n\n| 1C | 2008 one‑off payment to older Australians | Part VIIF | Not applicable |\n| --- | ----------------------------------------- | --------- | -------------- |\n\nSocial Security Act 1991\n\n26 After paragraph 8(8)(ye)\n\nInsert:\n\n (yf) 2008 one‑off payment to older Australians under the Veterans’ Entitlements Act;\n (yg) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n27 Part 2.2B (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.2B—One‑off payments to the aged and older Australians\n\n28 Before section 93X\n\nInsert:\n\n### Division 1—One‑off payment to the aged\n\n29 Part 2.2C (heading)\n\nRepeal the heading.\n\n30 Before section 93Y\n\nInsert:\n\n### Division 2—2006 one‑off payment to older Australians\n\n31 Part 2.2D (heading)\n\nRepeal the heading.\n\n32 Before section 93ZA\n\nInsert:\n\n### Division 3—2007 one‑off payment to older Australians\n\n33 Paragraph 1223ABAA(1)(a)\n\nOmit “Part 2.2C”, substitute “Division 2 of Part 2.2B”.\n\n34 Paragraph 1223ABAA(1)(b)\n\nOmit “Part 2.2D”, substitute “Division 3 of Part 2.2B”.\n\nSocial Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007\n\n35 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Part 2.2D”, substitute “Division 3 of Part 2.2.B”.\n\nSocial Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006\n\n36 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Part 2.2C”, substitute “Division 2 of Part 2.2B”.\n\nVeterans’ Entitlements Act 1986\n\n37 After paragraph 5H(8)(zzad)\n\nInsert:\n\n (zzae) 2008 one‑off payment to older Australians under Part VIIF;\n (zzaf) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n \n\nSchedule 2—Administrative schemes for 2008 one‑off payments to older Australians\n\n1 Administrative scheme for 2008 one‑off payments to older Australians (social security)\n\n(1) Subject to this item, a Minister administering provisions of the Social Security Act 1991 may, by legislative instrument, determine a scheme under which one‑off payments may be made to older Australians in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\nNote: Because there is more than one Minister administering provisions of the Social Security Act 1991, there may be more than one scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Division 4 of Part 2.2B of the Social Security Act 1991 does not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 1223ABAA of the Social Security Act 1991;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n2 Administrative scheme for 2008 one‑off payments to older Australians (veterans)\n\n(1) Subject to this item, the Minister administering the Veterans’ Entitlements Act 1986 may, by legislative instrument, determine a scheme under which one‑off payments may be made to older Australians in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Part VIIF of the Veterans’ Entitlements Act 1986 does not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 118ZZP of the Veterans’ Entitlements Act 1986;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n \n\nSchedule 3—2008 one‑off payments to carers\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 At the end of Part 2.5A\n\nAdd:\n\n### Division 12—2008 one‑off payment to carers eligible for carer payment\n\n#### 269 2008 one‑off payment to carers (carer payment related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer payment related) if:\n (a) the person has been paid an instalment of carer payment in respect of a period that includes 13 May 2008; and\n (b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 270 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 13—2008 one‑off payment to carers eligible for wife pension\n\n#### 271 2008 one‑off payment to carers (wife pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (wife pension related) if:\n (a) the person:\n (i) has been paid an instalment of wife pension in respect of a period that includes 13 May 2008; and\n (ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and\n (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (i) the instalment was in respect of a period that includes 13 May 2008;\n (ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 272 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 14—2008 one‑off payment to carers eligible for partner service pension\n\n#### 273 2008 one‑off payment to carers (partner service pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (partner service pension related) if:\n (a) the person:\n (i) has been paid an instalment of partner service pension under Part III of the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and\n (ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and\n (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (i) the instalment was in respect of a period that includes 13 May 2008;\n (ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 274 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 15—2008 one‑off payment to carers eligible for carer service pension\n\n#### 275 2008 one‑off payment to carers (carer service pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer service pension related) if:\n (a) the person has been paid an instalment of carer service pension as a result of the operation of subclause 8(2) or (4) of Schedule 5 to the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and\n (b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 276 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n2 At the end of Part 2.19A\n\nAdd:\n\n### Division 5—2008 one‑off payment to carers eligible for carer allowance\n\n#### 992WD 2008 one‑off payment to carers (carer allowance related)\n\n (1) A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (a) the instalment was in respect of a period that includes 13 May 2008;\n (b) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (c) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n (2) For the purposes of this Part, the instalment, or each instalment, in relation to which paragraphs (1)(a), (b) and (c) are satisfied is a qualifying instalment.\n\n#### 992WE Eligible care receivers\n\n (1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.\n (2) If subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.\n\n#### 992WF Amount of the one‑off payment\n\n Add together the amounts applicable under this section for each eligible care receiver\n (1) The amount of the one‑off payment to the qualified person is worked out by adding together the amounts applicable under this section for each eligible care receiver.\n Amount is $600 unless subsection (3) applies\n (2) Subject to subsection (3), the amount applicable for an eligible care receiver is $600.\n Reduced amount if instalment rate took account of a subsection 981(1) determination\n (3) If the rate at which a qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver, the amount applicable for the eligible care receiver is that share of $600.\n\n3 Certain claims that would otherwise be taken to have been made on or before 13 May 2008\n\nFor the purposes of the provisions inserted by items 1 and 2, the following are to be disregarded:\n\n (a) the effect of section 12 of the Social Security (Administration) Act 1999, so far as it relates to a determination under that section that is made after 13 May 2008;\n (b) the effect of section 15 of the Social Security (Administration) Act 1999, so far as it relates to the Secretary becoming satisfied of a matter, as mentioned in that section, after 13 May 2008.\n\n4 At the end of subsection 1223ABA(1)\n\nAdd:\n\n ; or (p) 2008 one‑off payment to carers (carer payment related); or\n (q) 2008 one‑off payment to carers (wife pension related); or\n (r) 2008 one‑off payment to carers (partner service pension related); or\n (s) 2008 one‑off payment to carers (carer service pension related); or\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n5 After subsection 1223ABA(3CJ)\n\nInsert:\n\n (3CK) If the relevant payment is a payment of 2008 one‑off payment to carers (carer payment related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the instalment of carer payment referred to in section 269 of this Act was paid.\n (3CL) If the relevant payment is a payment of 2008 one‑off payment to carers (wife pension related), a relevant determination is:\n (a) a determination made under Part 3 of the Administration Act because of which the instalment of wife pension referred to in section 271 of this Act was paid; or\n (b) a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 271 of this Act was paid.\n (3CM) If the relevant payment is a payment of 2008 one‑off payment to carers (partner service pension related), a relevant determination is:\n (a) a determination made under the Veterans’ Entitlements Act because of which the instalment of partner service pension referred to in section 273 of this Act was paid; or\n (b) a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 273 of this Act was paid.\n (3CN) If the relevant payment is a payment of 2008 one‑off payment to carers (carer service pension related), a relevant determination is a determination made under the Veterans’ Entitlements Act because of which the instalment of carer service pension referred to in section 275 of this Act was paid.\n (3CO) If the relevant payment is a payment of 2008 one‑off payment to carers (carer allowance related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 992WD of this Act was paid.\n\n6 At the end of subsection 1223ABA(3D)\n\nAdd:\n\n ; or (e) 13 May 2008, if the relevant payment is a payment of:\n (i) 2008 one‑off payment to carers (carer payment related); or\n (ii) 2008 one‑off payment to carers (wife pension related); or\n (iii) 2008 one‑off payment to carers (partner service pension related); or\n (iv) 2008 one‑off payment to carers (carer service pension related); or\n (v) 2008 one‑off payment to carers (carer allowance related).\n\nSocial Security (Administration) Act 1999\n\n7 Sections 12AA to 12AD\n\nRepeal the sections, substitute:\n\n#### 12AA One‑off payments to carers\n\n A claim is not required for the following:\n (a) one‑off payment to carers (carer allowance related);\n (b) one‑off payment to carers (carer payment related);\n (c) 2005 one‑off payment to carers (carer payment related);\n (d) 2005 one‑off payment to carers (carer service pension related);\n (e) 2005 one‑off payment to carers (carer allowance related);\n (f) 2006 one‑off payment to carers (carer payment related);\n (g) 2006 one‑off payment to carers (wife pension related);\n (h) 2006 one‑off payment to carers (partner service pension related);\n (i) 2006 one‑off payment to carers (carer service pension related);\n (j) 2006 one‑off payment to carers (carer allowance related);\n (k) 2007 one‑off payment to carers (carer payment related);\n (l) 2007 one‑off payment to carers (wife pension related);\n (m) 2007 one‑off payment to carers (partner service pension related);\n (n) 2007 one‑off payment to carers (carer service pension related);\n (o) 2007 one‑off payment to carers (carer allowance related);\n (p) 2008 one‑off payment to carers (carer payment related);\n (q) 2008 one‑off payment to carers (wife pension related);\n (r) 2008 one‑off payment to carers (partner service pension related);\n (s) 2008 one‑off payment to carers (carer service pension related);\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n8 Subsection 47(1) (after paragraph (hn) of the definition of lump sum benefit)\n\nInsert:\n\n (ho) 2008 one‑off payment to carers (carer payment related); or\n (hp) 2008 one‑off payment to carers (wife pension related); or\n (hq) 2008 one‑off payment to carers (partner service pension related); or\n (hr) 2008 one‑off payment to carers (carer service pension related); or\n (hs) 2008 one‑off payment to carers (carer allowance related); or\n\n9 Sections 47B to 47E\n\nRepeal the sections, substitute:\n\n#### 47B Payment of one‑off payments to carers\n\n (1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum:\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Secretary considers appropriate.\n (2) The payments are the following:\n (a) one‑off payment to carers (carer allowance related);\n (b) one‑off payment to carers (carer payment related);\n (c) 2005 one‑off payment to carers (carer payment related);\n (d) 2005 one‑off payment to carers (carer service pension related);\n (e) 2005 one‑off payment to carers (carer allowance related);\n (f) 2006 one‑off payment to carers (carer payment related);\n (g) 2006 one‑off payment to carers (wife pension related);\n (h) 2006 one‑off payment to carers (partner service pension related);\n (i) 2006 one‑off payment to carers (carer service pension related);\n (j) 2006 one‑off payment to carers (carer allowance related);\n (k) 2007 one‑off payment to carers (carer payment related);\n (l) 2007 one‑off payment to carers (wife pension related);\n (m) 2007 one‑off payment to carers (partner service pension related);\n (n) 2007 one‑off payment to carers (carer service pension related);\n (o) 2007 one‑off payment to carers (carer allowance related);\n (p) 2008 one‑off payment to carers (carer payment related);\n (q) 2008 one‑off payment to carers (wife pension related);\n (r) 2008 one‑off payment to carers (partner service pension related);\n (s) 2008 one‑off payment to carers (carer service pension related);\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n10 Application\n\nTo avoid doubt, the amendment made by item 9 does not entitle a person to a payment mentioned in paragraphs 47B(2)(a) to (o) of the Social Security (Administration) Act 1999 (as inserted by item 9) if such a payment has already been paid to the person under section 47B, 47C, 47D or 47E of the that Act (as in force before the commencement of this item).\n\n \n\nPart 2—Related amendments\n\nIncome Tax Assessment Act 1936\n\n11 Subsection 159J(6) (subparagraph (ad)(xvi) of the definition of separate net income)\n\nOmit “and”.\n\n12 Subsection 159J(6) (at the end of paragraph (ad) of the definition of separate net income)\n\nAdd:\n\n (xvii) 2008 one‑off payment to carers (carer payment related);\n (xviii) 2008 one‑off payment to carers (wife pension related);\n (xix) 2008 one‑off payment to carers (partner service pension related);\n (xx) 2008 one‑off payment to carers (carer service pension related);\n (xxi) 2008 one‑off payment to carers (carer allowance related); and\n\n13 Subsection 159J(6) (after paragraph (add) of the definition of separate net income)\n\nInsert:\n\n (ade) does not include payments to carers under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008; and\n\nIncome Tax Assessment Act 1997\n\n14 Section 11‑15 (table item headed “social security or like payments”)\n\nAfter:\n\n| payments under the scheme determined under Schedule 4 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007............................................................................ | 52‑10 |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n\ninsert:\n\n| 2008 one‑off payment to carers (carer payment related), 2008 one‑off payment to carers (wife pension related), 2008 one‑off payment to carers (partner service pension related), 2008 one‑off payment to carers (carer service pension related) or 2008 one‑off payment to carers (carer allowance related) | 52‑10 |\n| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n| payments under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑10 |\n\n15 Paragraph 52‑10(1)(r)\n\nRepeal the paragraph, substitute:\n\n (r) 2008 one‑off payment to carers (carer payment related); or\n (s) 2008 one‑off payment to carers (wife pension related); or\n (t) 2008 one‑off payment to carers (partner service pension related); or\n (u) 2008 one‑off payment to carers (carer service pension related); or\n (v) 2008 one‑off payment to carers (carer allowance related); or\n (w) payments under a scheme referred to in subsection (1E).\n\n16 Paragraph 52‑10(1D)(a)\n\nOmit “Part 2.5A”, substitute “Division 1 of Part 2.5A”.\n\n17 Paragraph 52‑10(1D)(b)\n\nOmit “Part 2.19A”, substitute “Division 1 of Part 2.19A”.\n\n18 Paragraph 52‑10(1D)(c)\n\nOmit “Part 2.5B”, substitute “Division 2 of Part 2.5A”.\n\n19 Paragraph 52‑10(1D)(d)\n\nOmit “Part 2.5C”, substitute “Division 3 of Part 2.5A”.\n\n20 Paragraph 52‑10(1D)(e)\n\nOmit “Part 2.19B”, substitute “Division 2 of Part 2.19A”.\n\n21 Paragraph 52‑10(1D)(f)\n\nOmit “Part 2.5D”, substitute “Division 4 of Part 2.5A”.\n\n22 Paragraph 52‑10(1D)(g)\n\nOmit “Part 2.5E”, substitute “Division 5 of Part 2.5A”.\n\n23 Paragraph 52‑10(1D)(h)\n\nOmit “Part 2.5F”, substitute “Division 6 of Part 2.5A”.\n\n24 Paragraph 52‑10(1D)(i)\n\nOmit “Part 2.5G”, substitute “Division 7 of Part 2.5A”.\n\n25 Paragraph 52‑10(1D)(j)\n\nOmit “Part 2.19C”, substitute “Division 3 of Part 2.19A”.\n\n26 Paragraph 52‑10(1D)(k)\n\nOmit “Part 2.5H”, substitute “Division 8 of Part 2.5A”.\n\n27 Paragraph 52‑10(1D)(l)\n\nOmit “Part 2.5J”, substitute “Division 9 of Part 2.5A”.\n\n28 Paragraph 52‑10(1D)(m)\n\nOmit “Part 2.5K”, substitute “Division 10 of Part 2.5A”.\n\n29 Paragraph 52‑10(1D)(n)\n\nOmit “Part 2.5L”, substitute “Division 11 of Part 2.5A”.\n\n30 Paragraph 52‑10(1D)(o)\n\nOmit “Part 2.19D”, substitute “Division 4 of Part 2.19A”.\n\n31 At the end of subsection 52‑10(1D)\n\nAdd:\n\n ; (p) 2008 one‑off payment to carers (carer payment related) (see Division 12 of Part 2.5A of that Act);\n (q) 2008 one‑off payment to carers (wife pension related) (see Division 13 of Part 2.5A of that Act);\n (r) 2008 one‑off payment to carers (partner service pension related) (see Division 14 of Part 2.5A of that Act);\n (s) 2008 one‑off payment to carers (carer service pension related) (see Division 15 of Part 2.5A of that Act);\n (t) 2008 one‑off payment to carers (carer allowance related) (see Division 5 of Part 2.19A of that Act).\n\n32 At the end of subsection 52‑10(1E)\n\nAdd:\n\n ; (e) a scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\nSocial Security Act 1991\n\n33 After paragraph 8(8)(jae)\n\nInsert:\n\n (jaf) a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n34 Part 2.5A (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.5A—One‑off payments to carers eligible for carer payment\n\n35 Before section 247\n\nInsert:\n\n### Division 1—One‑off payment to carers eligible for carer payment\n\n36 Section 247 (note)\n\nOmit “Part 2.19A”, substitute “Division 1 of Part 2.19A”.\n\n37 Part 2.5B (heading)\n\nRepeal the heading.\n\n38 Before section 249\n\nInsert:\n\n### Division 2—2005 one‑off payment to carers eligible for carer payment\n\n39 Section 249 (note)\n\nOmit “Part 2.19B”, substitute “Division 2 of Part 2.19A”.\n\n40 Part 2.5C (heading)\n\nRepeal the heading.\n\n41 Before section 251\n\nInsert:\n\n### Division 3—2005 one‑off payment to carers eligible for carer service pension\n\n42 Part 2.5D (heading)\n\nRepeal the heading.\n\n43 Before section 253\n\nInsert:\n\n### Division 4—2006 one‑off payment to carers eligible for carer payment\n\n44 Part 2.5E (heading)\n\nRepeal the heading.\n\n45 Before section 255\n\nInsert:\n\n### Division 5—2006 one‑off payment to carers eligible for wife pension\n\n46 Part 2.5F (heading)\n\nRepeal the heading.\n\n47 Before section 257\n\nInsert:\n\n### Division 6—2006 one‑off payment to carers eligible for partner service pension\n\n48 Part 2.5G (heading)\n\nRepeal the heading.\n\n49 Before section 259\n\nInsert:\n\n### Division 7—2006 one‑off payment to carers eligible for carer service pension\n\n50 Part 2.5H (heading)\n\nRepeal the heading.\n\n51 Before section 261\n\nInsert:\n\n### Division 8—2007 one‑off payment to carers eligible for carer payment\n\n52 Part 2.5J (heading)\n\nRepeal the heading.\n\n53 Before section 263\n\nInsert:\n\n### Division 9—2007 one‑off payment to carers eligible for wife pension\n\n54 Part 2.5K (heading)\n\nRepeal the heading.\n\n55 Before section 265\n\nInsert:\n\n### Division 10—2007 one‑off payment to carers eligible for partner service pension\n\n56 Part 2.5L (heading)\n\nRepeal the heading.\n\n57 Before section 267\n\nInsert:\n\n### Division 11—2007 one‑off payment to carers eligible for carer service pension\n\n58 Part 2.19A (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.19A—One‑off payments to carers eligible for carer allowance\n\n59 Before section 992N\n\nInsert:\n\n### Division 1—One‑off payment to carers eligible for carer allowance\n\n60 Subsection 992N(2) (note)\n\nOmit “Part 2.5A”, substitute “Division 1 of Part 2.5A”.\n\n61 Part 2.19B (heading)\n\nRepeal the heading.\n\n62 Before section 992Q\n\nInsert:\n\n### Division 2—2005 one‑off payment to carers eligible for carer allowance\n\n63 Subsection 992Q(2) (note)\n\nOmit “Part 2.5B”, substitute “Division 2 of Part 2.5A”.\n\n64 Part 2.19C (heading)\n\nRepeal the heading.\n\n65 Before section 992T\n\nInsert:\n\n### Division 3—2006 one‑off payment to carers eligible for carer allowance\n\n66 Part 2.19D (heading)\n\nRepeal the heading.\n\n67 Before section 992WA\n\nInsert:\n\n### Division 4—2007 one‑off payment to carers eligible for carer allowance\n\nSocial Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007\n\n68 Paragraph 1(2)(a) of Schedule 4\n\nOmit “Parts 2.5H, 2.5J, 2.5K, 2.5L and 2.19D”, substitute “Divisions 8, 9, 10 and 11 of Part 2.5A and Division 4 of Part 2.19A”.\n\nSocial Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006\n\n69 Paragraph 1(2)(a) of Schedule 4\n\nOmit “Parts 2.5D, 2.5E, 2.5F, 2.5G and 2.19C”, substitute “Divisions 4, 5, 6 and 7 of Part 2.5A and Division 3 of Part 2.19A”.\n\nSocial Security Legislation Amendment (One‑off Payments for Carers) Act 2005\n\n70 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Parts 2.5B, 2.5C and 2.19B”, substitute “Divisions 2 and 3 of Part 2.5A and Division 2 of Part 2.19A”.\n\nVeterans’ Entitlements Act 1986\n\n71 At the end of subsection 5H(8) (before the note)\n\nAdd:\n\n ; (zze) a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n \n\nSchedule 4—Administrative scheme for 2008 one‑off payments to carers\n\n1 Administrative scheme for 2008 one‑off payments to carers\n\n(1) Subject to this item, the Minister administering Part 2.5 of the Social Security Act 1991 may, by legislative instrument, determine a scheme under which one‑off payments may be made to carers in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Divisions 12 to 15 of Part 2.5A and Division 5 of Part 2.19A of the Social Security Act 1991 do not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 1223ABA of the Social Security Act 1991;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n \n\nSchedule 5—Non‑cancellation of concession cards for temporary overseas absences\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 Subsection 6A(1)\n\nInsert:\n\n> concession card means:\n\n (a) a pensioner concession card; or\n (b) a health care card; or\n (c) a seniors health card.\n\n2 At the end of subsections 1061ZA(3) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n3 At the end of subsection 1061ZB(2)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n4 At the end of subsections 1061ZC(2) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n5 At the end of subsections 1061ZD(4) and (6)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n6 At the end of subsections 1061ZE(4) and (6)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n7 At the end of subsections 1061ZEA(3) and (5)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n8 At the end of subsection 1061ZEB(3)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n9 At the end of subsection 1061ZG(1)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a seniors health card for a maximum period of up to 13 weeks (see Division 4).\n\n10 At the end of subsection 1061ZN(1)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 13 weeks (see Division 4).\n\n11 At the end of subsections 1061ZO(2), (3) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 13 weeks (see Division 4).\n\n12 At the end of Part 2A.1\n\nAdd:\n\n### Division 4—Non‑cancellation of concession cards for temporary overseas absences\n\n#### 1061ZUA Persons to whom Division applies\n\n (1) This Division applies to a person if:\n (a) the person leaves Australia temporarily (see subsection (2)); and\n (b) the person is continuously absent from Australia during a period (the period of absence) beginning on the day the person leaves Australia; and\n (c) any of the following applies:\n (i) immediately before the period of absence commences, the person was the holder of a concession card;\n (ii) during the period of absence, the person’s claim for a seniors health card or a health care card is granted under the Administration Act;\n (iii) during the period of absence, the person is issued an automatic issue card.\n (2) For the purposes of paragraph (1)(a), in determining if an absence is temporary, regard must be had to:\n (a) the purpose of the absence; and\n (b) the intended duration of the absence.\n\n#### 1061ZUB Non‑cancellation of concession cards for temporary overseas absences\n\n (1) Throughout the person’s maximum non‑cancellation period (see subsection (3)), the person’s qualification for the concession card is not affected merely by the absence.\n (2) Throughout so much (if any) of the period of absence as occurs after the end of the period of 13 weeks beginning on the day the person leaves Australia, the person is not qualified for the concession card.\n (3) For the purposes of subsection (1), a person’s maximum non‑cancellation period is the shorter of the following periods:\n (a) the person’s period of absence;\n (b) the period of 13 weeks beginning on the day the person leaves Australia.\n\n#### 1061ZUC Extension cards\n\n (1) This section applies if:\n (a) a person qualifies for a concession card under the following section (the qualification section):\n (i) section 1061ZB, 1061ZC, 1061ZD, 1061ZE, 1061ZEB or 1061ZM;\n (ii) section 1061ZEA as a result of the operation of subsection 1061ZEA(2A); and\n (b) as a result of subsection 1061ZUB(1), the person’s qualification for the card is not affected by a period of absence; and\n (c) at the end of the period of 13 weeks mentioned in subsection 1061ZUB(2), the card is cancelled; and\n (d) after that time, the person returns to Australia; and\n (e) the person qualifies again for the card under the qualification section (and in the case of section 1061ZEA, the person qualifies as a result of the operation of subsection 1061ZEA(2A)); and\n (f) the period for which the person was qualified under the qualification section has not yet ended.\n (2) To avoid doubt, the person continues to qualify for the concession card until the end of the period for which the person was qualified under the qualification section (unless the person ceases to be qualified for the card at an earlier time).\n\nSocial Security (Administration) Act 1999\n\n13 Subclause 1(1) of Schedule 1 (definition of concession card)\n\nRepeal the definition.\n\nVeterans’ Entitlements Act 1986\n\n14 Paragraphs 118PA(1)(a) and (b)\n\nRepeal the paragraphs, substitute:\n\n (a) the person is the holder of a seniors health card; or\n\n15 Paragraph 118V(1)(e)\n\nRepeal the paragraph, substitute:\n\n (e) is either:\n (i) in Australia; or\n (ii) temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n16 At the end of subsection 118V(1)\n\nAdd:\n\n> Note 5: For temporarily see section 5Q.\n\n17 Paragraph 118V(1A)(d)\n\nRepeal the paragraph, substitute:\n\n (d) is either:\n (i) in Australia; or\n (ii) temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n18 Paragraph 118V(2)(e)\n\nRepeal the paragraph, substitute:\n\n (e) the person:\n (i) is in Australia; or\n (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n19 At the end of subsection 118V(2)\n\nAdd:\n\n> Note 6: For temporarily see section 5Q.\n\n20 Paragraph 118V(3)(e)\n\nRepeal the paragraph, substitute:\n\n (e) the person:\n (i) is in Australia; or\n (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n21 At the end of subsection 118V(3)\n\nAdd:\n\n> Note 6: For temporarily see section 5Q.\n\n \n\nPart 2—Amendments contingent on the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008\n\nDivision 1—Amendments if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 receives the Royal Assent on the same day or earlier\n\nVeterans’ Entitlements Act 1986\n\n22 At the end of subsection 118V(1A)\n\nAdd:\n\n> Note 5: For temporarily see section 5Q.\n\nDivision 2—Amendments if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 does not receive the Royal Assent on the same day or earlier\n\nVeterans’ Entitlements Act 1986\n\n23 At the end of subsection 118V(1A)\n\nAdd:\n\n> Note 3A: For temporarily see section 5Q.\n\nVeterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008\n\n24 Section 2\n\nRepeal the section, substitute:\n\n#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

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.

2. Schedule 1

1 July 2008.

1 July 2008

3. Schedule 2, items 1 to 37

1 July 2008.

1 July 2008

4. Schedule 2, item 38

Immediately after the commencement of item 23 of Schedule 5 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.

5. Schedule 2, item 39

1 July 2008.

1 July 2008

6. Schedule 3

1 July 2008.

1 July 2008

\n```\n\n> Note: 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\n \n\nPart 3—Application\n\n25 Application\n\nThe amendments made by this Schedule apply in relation to a person who leaves Australia on or after 1 July 2008.","sortOrder":26},{"sectionNumber":"275","sectionType":"section","heading":"2008 one‑off payment to carers (carer service pension related)","content":"#### 275 2008 one‑off payment to carers (carer service pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer service pension related) if:\n (a) the person has been paid an instalment of carer service pension as a result of the operation of subclause 8(2) or (4) of Schedule 5 to the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and\n (b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.","sortOrder":27},{"sectionNumber":"276","sectionType":"section","heading":"Amount of the one‑off payment","content":"#### 276 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n2 At the end of Part 2.19A\n\nAdd:","sortOrder":28},{"sectionNumber":"Division 5","sectionType":"division","heading":"2008 one‑off payment to carers eligible for carer allowance","content":"An Act to amend the law relating to social security and veterans’ entitlements, and for other purposes\n\n\\[Assented to 26 May 2008\\]\n\nThe Parliament of Australia enacts:\n\n#### 1 Short title\n\n This Act may be cited as the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

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.

26 May 2008

2. Schedule 1, Part 1

Immediately after the commencement of the provision(s) covered by table item 3.

26 May 2008

3. Schedule 1, Part 2

The day on which this Act receives the Royal Assent.

26 May 2008

4. Schedule 2

The day on which this Act receives the Royal Assent.

26 May 2008

5. Schedule 3, Part 1

Immediately after the commencement of the provision(s) covered by table item 6.

26 May 2008

6. Schedule 3, Part 2

The day on which this Act receives the Royal Assent.

26 May 2008

7. Schedule 4

The day on which this Act receives the Royal Assent.

26 May 2008

8. Schedule 5, Part 1

1 July 2008.

1 July 2008

9. Schedule 5, Part 2, Division 1

Immediately after the commencement of item 38 of Schedule 2 to the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008.

However, the provision(s) do not commence at all if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 does not receive the Royal Assent on or before the day on which this Act receives the Royal Assent.

Does not commence

10. Schedule 5, item 23

1 July 2008.

However, the provision(s) do not commence at all if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 receives the Royal Assent on or before the day on which this Act receives the Royal Assent.

1 July 2008

11. Schedule 5, item 24

Immediately before the commencement of section 2 of the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008.

However, the provision(s) do not commence at all if that Act receives the Royal Assent on or before the day on which this Act receives the Royal Assent.

1 July 2008

12. Schedule 5, Part 3

1 July 2008.

1 July 2008

\n```\n\n> Note: 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\n#### 3 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\nSchedule 1—2008 one‑off payments to older Australians\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 At the end of Part 2.2B\n\nAdd:\n\n### Division 4—2008 one‑off payment to older Australians\n\n#### 93ZC 2008 one‑off payment to older Australians\n\n Qualified if this section applies\n (1) A person is qualified for a 2008 one‑off payment to older Australians if subsection (2), (3) or (4) applies to the person.\n Qualified because of income support payments\n (2) This subsection applies to a person if:\n (a) the person has reached pension age on or before 13 May 2008; and\n (b) the person was receiving an income support payment, other than service pension or income support supplement, in respect of an instalment period that includes 13 May 2008; and\n (c) the person was receiving that payment because of a claim the person made on or before 13 May 2008; and\n (d) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n Qualified because qualified for seniors concession allowance\n (3) This subsection applies to a person if:\n (a) on 13 May 2008, the person was qualified for seniors concession allowance under section 1061U; or\n (b) both:\n (i) on or before 13 May 2008, the person made a claim for a seniors health card under Division 1 of Part 3 of the Administration Act and had not withdrawn that claim on or before 13 May 2008; and\n (ii) on 13 May 2008, the person either was qualified for the card or would have been so qualified but for being temporarily absent from Australia for a continuous period not exceeding 13 weeks.\n Qualified because receiving certain allowances\n (4) This subsection applies to a person if:\n (a) the person was receiving a widow allowance, mature age allowance, partner allowance, wife pension or widow B pension in respect of an instalment period that includes 13 May 2008; and\n (b) the person was receiving that allowance or pension because of a claim the person made on or before 13 May 2008; and\n (c) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n One one‑off payment only\n (5) A person may receive one payment only under this section, regardless of how many times the person qualifies under this section.\n (6) Despite anything else in this section, a person is not qualified for a payment under this section if the person is eligible for a payment under section 118ZZL of the Veterans’ Entitlements Act.\n\n#### 93ZD Amount of the one‑off payment\n\n The amount of the one‑off payment under section 93ZC is $500.\n\n2 Certain claims that would otherwise be taken to have been made on or before 13 May 2008\n\nFor the purposes of the provisions inserted by item 1, the following are to be disregarded:\n\n (a) the effect of section 12 of the Social Security (Administration) Act 1999, so far as it relates to a determination under that section that is made after 13 May 2008;\n (b) the effect of section 15 of the Social Security (Administration) Act 1999, so far as it relates to the Secretary becoming satisfied of a matter, as mentioned in that section, after 13 May 2008.\n\n3 At the end of subsection 1223ABAA(1)\n\nAdd:\n\n ; or (c) 2008 one‑off payment to older Australians under Division 4 of Part 2.2B.\n\n4 Subsection 1223ABAA(2)\n\nOmit “or 93ZA(2)”, substitute “, 93ZA(2) or 93ZC(2)”.\n\n5 Subsection 1223ABAA(2)\n\nOmit “or 93ZA(2)(b)”, substitute “, 93ZA(2)(b) or 93ZC(2)(b)”.\n\n6 Subsection 1223ABAA(3)\n\nOmit “or 93ZA(3)”, substitute “, 93ZA(3) or 93ZC(3)”.\n\n7 Subsection 1223ABAA(4)\n\nOmit “or 93ZA(4)”, substitute “, 93ZA(4) or 93ZC(4)”.\n\n8 Subsection 1223ABAA(4)\n\nOmit “or 93ZA(4)(a)”, substitute “, 93ZA(4)(a) or 93ZC(4)(a)”.\n\n9 At the end of subsection 1223ABAA(4A)\n\nAdd:\n\n ; or (c) for a payment of 2008 one‑off payment to older Australians—13 May 2008.\n\n10 Paragraph 1223ABAA(6)(a)\n\nOmit “or 93ZA(3)”, substitute “, 93ZA(3) or 93ZC(3)”.\n\nSocial Security (Administration) Act 1999\n\n11 At the end of section 12AAA\n\nAdd:\n\n ; or (c) 2008 one‑off payment to older Australians.\n\n12 Subsection 47(1) (after paragraph (gb) of the definition of lump sum benefit)\n\nInsert:\n\n (gc) 2008 one‑off payment to older Australians; or\n\n13 Sections 47AA and 47AB\n\nRepeal the sections, substitute:\n\n#### 47AA Payment of one‑off payments to older Australians\n\n (1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum:\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Secretary considers appropriate.\n (2) The payments are the following:\n (a) 2006 one‑off payment to older Australians;\n (b) 2007 one‑off payment to older Australians;\n (c) 2008 one‑off payment to older Australians.\n\n14 Application\n\nTo avoid doubt, the amendment made by item 13 does not entitle a person to a payment of 2006 one‑off payment to older Australians or 2007 one‑off payment to older Australians if such a payment has already been paid to the person under section 47AA or 47AB of the Social Security (Administration) Act 1999 (as in force before the commencement of this item).\n\nVeterans’ Entitlements Act 1986\n\n15 After Part VIIE\n\nInsert:\n\n## Part VIIF—2008 one‑off payment to older Australians\n\n#### 118ZZL 2008 one‑off payment to older Australians\n\n Eligible if this section applies\n (1) A person is eligible for a 2008 one‑off payment to older Australians if subsection (2) or (3) applies to the person.\n Eligible because of income support payments\n (2) This subsection applies to a person if:\n (a) the person has reached qualifying age within the meaning of subsection 5Q(1) on or before 13 May 2008; and\n (b) a service pension or an income support supplement was payable to the person in respect of an instalment period that includes 13 May 2008; and\n (c) the pension or supplement was payable because of a claim the person made on or before 13 May 2008; and\n (d) on 13 May 2008, the person:\n (i) was in Australia; or\n (ii) was temporarily absent from Australia and had been so for a continuous period not exceeding 13 weeks.\n Eligible because eligible for seniors concession allowance\n (3) This subsection applies to a person if:\n (a) on 13 May 2008, the person was eligible for seniors concession allowance under section 118PA; or\n (b) both:\n (i) on or before 13 May 2008, the person made a claim for a seniors health card under Division 2 of Part VIIC and had not withdrawn that claim on or before 13 May 2008; and\n (ii) on 13 May 2008, the person either was eligible for the card or would have been so eligible but for being temporarily absent from Australia for a continuous period not exceeding 13 weeks.\n One one‑off payment only\n (4) A person may receive one payment only under this section, regardless of how many times the person becomes eligible under this section.\n\n#### 118ZZM Amount of the one‑off payment\n\n The amount of the one‑off payment under section 118ZZL is $500.\n\n#### 118ZZN Claim not required for 2008 one‑off payment to older Australians\n\n A claim is not required for 2008 one‑off payment to older Australians.\n\n#### 118ZZO Payment of 2008 one‑off payment to older Australians\n\n If an individual is eligible for a 2008 one‑off payment to older Australians, the Commission must pay the payment to the individual in a single lump sum:\n (a) on the date that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Commission considers appropriate.\n\n#### 118ZZP Debts arising in respect of 2008 one‑off payment to older Australians\n\n (1) This section applies in relation to an individual who has been paid a 2008 one‑off payment to older Australians (the relevant payment) under this Part.\n (2) If the individual was eligible for the relevant payment because of subsection 118ZZL(2), a relevant determination is a determination made under Part III or Part IIIA because of which the pension or supplement referred to in paragraph 118ZZL(2)(b) was payable.\n (3) If the individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of holding or having held a seniors health card, a relevant determination is a determination made under this Act because of which the person became the holder of the card.\n (4) If:\n (a) after the relevant payment was made to the individual, a relevant determination in relation to the individual, at least so far as it relates to 13 May 2008 or to a period that includes that day, is or was (however described) changed, revoked, set aside or superseded by another determination; and\n (b) the decision to change, revoke, set aside or supersede the relevant determination is or was made for the reason, or for reasons including the reason, that the individual knowingly made a false or misleading statement, or knowingly provided false information; and\n (c) had the change, revocation, setting aside or superseding occurred on or before 13 May 2008, the relevant payment would not have been made;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (5) If:\n (a) an individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of having claimed a seniors health card; and\n (b) the individual knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and\n (c) but for that statement or information, the relevant payment would not have been paid to the individual;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (6) If:\n (a) an individual was eligible for the relevant payment because of subsection 118ZZL(3) and because of holding or having held a gold card; and\n (b) the individual knowingly made a false or misleading statement, or knowingly provided false information, that resulted (directly or indirectly) in the individual becoming the holder of the gold card; and\n (c) but for that statement or information, the relevant payment would not have been paid to the individual;\n the amount of the relevant payment is a debt due to the Commonwealth by the individual.\n (7) The other provisions of this Act under which debts arise do not apply in relation to payments to which this section applies.\n (8) A debt that arises under this section is a recoverable amount within the meaning of subsection 205(8).\n\n \n\nPart 2—Related amendments\n\nIncome Tax Assessment Act 1936\n\n16 Subsection 159J(6) (after paragraph (adad) of the definition of separate net income)\n\nInsert:\n\n (adae) does not include 2008 one‑off payment to older Australians under the Social Security Act 1991 or the Veterans’ Entitlements Act 1986; and\n (adaf) does not include payments to older Australians under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008; and\n\nIncome Tax Assessment Act 1997\n\n17 Section 11‑15 (table item headed “social security or like payments”)\n\nAfter:\n\n| payments under the scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007............................................................................ | 52‑65 |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n\ninsert:\n\n| 2008 one‑off payment to older Australians under the Social Security Act 1991 | 52‑10 |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n| payments under a scheme determined under item 1 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑10 |\n| 2008 one‑off payment to older Australians under the Veterans’ Entitlements Act 1986 | 52‑65 |\n| payments under the scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑65 |\n\n18 After paragraph 52‑10(1)(baa)\n\nInsert:\n\n (bab) 2008 one‑off payment to older Australians; or\n\n19 Subsection 52‑10(1B)\n\nAfter “aged under”, insert “Division 1 of”.\n\n20 Subsections 52‑10(1CA) and (1CAA)\n\nRepeal the subsections, substitute:\n\n (1CA) The following payments under the Social Security Act 1991 are exempt from income tax:\n (a) 2006 one‑off payment to older Australians (see Division 2 of Part 2.2B of that Act);\n (b) 2007 one‑off payment to older Australians (see Division 3 of Part 2.2B of that Act);\n (c) 2008 one‑off payment to older Australians (see Division 4 of Part 2.2B of that Act).\n\n21 At the end of subsection 52‑10(1CB)\n\nAdd:\n\n ; (c) a scheme determined under item 1 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n22 After paragraph 52‑65(1)(ba)\n\nInsert:\n\n (bb) 2008 one‑off payment to older Australians; or\n\n23 Subsections 52‑65(1B) and (1BA)\n\nRepeal the subsections, substitute:\n\n (1B) The following one‑off payments under the Veterans’ Entitlements Act 1986 are exempt from income tax:\n (a) 2006 one‑off payment to older Australians under Part VIID;\n (b) 2007 one‑off payment to older Australians under Part VIIE;\n (c) 2008 one‑off payment to older Australians under Part VIIF.\n\n24 At the end of subsection 52‑65(1C)\n\nAdd:\n\n ; (c) a scheme determined under item 2 of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n25 Section 52‑75 (after table item 1B)\n\nInsert:\n\n| 1C | 2008 one‑off payment to older Australians | Part VIIF | Not applicable |\n| --- | ----------------------------------------- | --------- | -------------- |\n\nSocial Security Act 1991\n\n26 After paragraph 8(8)(ye)\n\nInsert:\n\n (yf) 2008 one‑off payment to older Australians under the Veterans’ Entitlements Act;\n (yg) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n27 Part 2.2B (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.2B—One‑off payments to the aged and older Australians\n\n28 Before section 93X\n\nInsert:\n\n### Division 1—One‑off payment to the aged\n\n29 Part 2.2C (heading)\n\nRepeal the heading.\n\n30 Before section 93Y\n\nInsert:\n\n### Division 2—2006 one‑off payment to older Australians\n\n31 Part 2.2D (heading)\n\nRepeal the heading.\n\n32 Before section 93ZA\n\nInsert:\n\n### Division 3—2007 one‑off payment to older Australians\n\n33 Paragraph 1223ABAA(1)(a)\n\nOmit “Part 2.2C”, substitute “Division 2 of Part 2.2B”.\n\n34 Paragraph 1223ABAA(1)(b)\n\nOmit “Part 2.2D”, substitute “Division 3 of Part 2.2B”.\n\nSocial Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007\n\n35 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Part 2.2D”, substitute “Division 3 of Part 2.2.B”.\n\nSocial Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006\n\n36 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Part 2.2C”, substitute “Division 2 of Part 2.2B”.\n\nVeterans’ Entitlements Act 1986\n\n37 After paragraph 5H(8)(zzad)\n\nInsert:\n\n (zzae) 2008 one‑off payment to older Australians under Part VIIF;\n (zzaf) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n \n\nSchedule 2—Administrative schemes for 2008 one‑off payments to older Australians\n\n1 Administrative scheme for 2008 one‑off payments to older Australians (social security)\n\n(1) Subject to this item, a Minister administering provisions of the Social Security Act 1991 may, by legislative instrument, determine a scheme under which one‑off payments may be made to older Australians in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\nNote: Because there is more than one Minister administering provisions of the Social Security Act 1991, there may be more than one scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Division 4 of Part 2.2B of the Social Security Act 1991 does not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 1223ABAA of the Social Security Act 1991;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n2 Administrative scheme for 2008 one‑off payments to older Australians (veterans)\n\n(1) Subject to this item, the Minister administering the Veterans’ Entitlements Act 1986 may, by legislative instrument, determine a scheme under which one‑off payments may be made to older Australians in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Part VIIF of the Veterans’ Entitlements Act 1986 does not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 118ZZP of the Veterans’ Entitlements Act 1986;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n \n\nSchedule 3—2008 one‑off payments to carers\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 At the end of Part 2.5A\n\nAdd:\n\n### Division 12—2008 one‑off payment to carers eligible for carer payment\n\n#### 269 2008 one‑off payment to carers (carer payment related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer payment related) if:\n (a) the person has been paid an instalment of carer payment in respect of a period that includes 13 May 2008; and\n (b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 270 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 13—2008 one‑off payment to carers eligible for wife pension\n\n#### 271 2008 one‑off payment to carers (wife pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (wife pension related) if:\n (a) the person:\n (i) has been paid an instalment of wife pension in respect of a period that includes 13 May 2008; and\n (ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and\n (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (i) the instalment was in respect of a period that includes 13 May 2008;\n (ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 272 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 14—2008 one‑off payment to carers eligible for partner service pension\n\n#### 273 2008 one‑off payment to carers (partner service pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (partner service pension related) if:\n (a) the person:\n (i) has been paid an instalment of partner service pension under Part III of the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and\n (ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and\n (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (i) the instalment was in respect of a period that includes 13 May 2008;\n (ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 274 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n### Division 15—2008 one‑off payment to carers eligible for carer service pension\n\n#### 275 2008 one‑off payment to carers (carer service pension related)\n\n A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer service pension related) if:\n (a) the person has been paid an instalment of carer service pension as a result of the operation of subclause 8(2) or (4) of Schedule 5 to the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and\n (b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n\n#### 276 Amount of the one‑off payment\n\n The amount of the one‑off payment to the qualified person is $1000.\n\n> Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.\n\n2 At the end of Part 2.19A\n\nAdd:\n\n### Division 5—2008 one‑off payment to carers eligible for carer allowance\n\n#### 992WD 2008 one‑off payment to carers (carer allowance related)\n\n (1) A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (a) the instalment was in respect of a period that includes 13 May 2008;\n (b) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (c) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n (2) For the purposes of this Part, the instalment, or each instalment, in relation to which paragraphs (1)(a), (b) and (c) are satisfied is a qualifying instalment.\n\n#### 992WE Eligible care receivers\n\n (1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.\n (2) If subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.\n\n#### 992WF Amount of the one‑off payment\n\n Add together the amounts applicable under this section for each eligible care receiver\n (1) The amount of the one‑off payment to the qualified person is worked out by adding together the amounts applicable under this section for each eligible care receiver.\n Amount is $600 unless subsection (3) applies\n (2) Subject to subsection (3), the amount applicable for an eligible care receiver is $600.\n Reduced amount if instalment rate took account of a subsection 981(1) determination\n (3) If the rate at which a qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver, the amount applicable for the eligible care receiver is that share of $600.\n\n3 Certain claims that would otherwise be taken to have been made on or before 13 May 2008\n\nFor the purposes of the provisions inserted by items 1 and 2, the following are to be disregarded:\n\n (a) the effect of section 12 of the Social Security (Administration) Act 1999, so far as it relates to a determination under that section that is made after 13 May 2008;\n (b) the effect of section 15 of the Social Security (Administration) Act 1999, so far as it relates to the Secretary becoming satisfied of a matter, as mentioned in that section, after 13 May 2008.\n\n4 At the end of subsection 1223ABA(1)\n\nAdd:\n\n ; or (p) 2008 one‑off payment to carers (carer payment related); or\n (q) 2008 one‑off payment to carers (wife pension related); or\n (r) 2008 one‑off payment to carers (partner service pension related); or\n (s) 2008 one‑off payment to carers (carer service pension related); or\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n5 After subsection 1223ABA(3CJ)\n\nInsert:\n\n (3CK) If the relevant payment is a payment of 2008 one‑off payment to carers (carer payment related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the instalment of carer payment referred to in section 269 of this Act was paid.\n (3CL) If the relevant payment is a payment of 2008 one‑off payment to carers (wife pension related), a relevant determination is:\n (a) a determination made under Part 3 of the Administration Act because of which the instalment of wife pension referred to in section 271 of this Act was paid; or\n (b) a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 271 of this Act was paid.\n (3CM) If the relevant payment is a payment of 2008 one‑off payment to carers (partner service pension related), a relevant determination is:\n (a) a determination made under the Veterans’ Entitlements Act because of which the instalment of partner service pension referred to in section 273 of this Act was paid; or\n (b) a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 273 of this Act was paid.\n (3CN) If the relevant payment is a payment of 2008 one‑off payment to carers (carer service pension related), a relevant determination is a determination made under the Veterans’ Entitlements Act because of which the instalment of carer service pension referred to in section 275 of this Act was paid.\n (3CO) If the relevant payment is a payment of 2008 one‑off payment to carers (carer allowance related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 992WD of this Act was paid.\n\n6 At the end of subsection 1223ABA(3D)\n\nAdd:\n\n ; or (e) 13 May 2008, if the relevant payment is a payment of:\n (i) 2008 one‑off payment to carers (carer payment related); or\n (ii) 2008 one‑off payment to carers (wife pension related); or\n (iii) 2008 one‑off payment to carers (partner service pension related); or\n (iv) 2008 one‑off payment to carers (carer service pension related); or\n (v) 2008 one‑off payment to carers (carer allowance related).\n\nSocial Security (Administration) Act 1999\n\n7 Sections 12AA to 12AD\n\nRepeal the sections, substitute:\n\n#### 12AA One‑off payments to carers\n\n A claim is not required for the following:\n (a) one‑off payment to carers (carer allowance related);\n (b) one‑off payment to carers (carer payment related);\n (c) 2005 one‑off payment to carers (carer payment related);\n (d) 2005 one‑off payment to carers (carer service pension related);\n (e) 2005 one‑off payment to carers (carer allowance related);\n (f) 2006 one‑off payment to carers (carer payment related);\n (g) 2006 one‑off payment to carers (wife pension related);\n (h) 2006 one‑off payment to carers (partner service pension related);\n (i) 2006 one‑off payment to carers (carer service pension related);\n (j) 2006 one‑off payment to carers (carer allowance related);\n (k) 2007 one‑off payment to carers (carer payment related);\n (l) 2007 one‑off payment to carers (wife pension related);\n (m) 2007 one‑off payment to carers (partner service pension related);\n (n) 2007 one‑off payment to carers (carer service pension related);\n (o) 2007 one‑off payment to carers (carer allowance related);\n (p) 2008 one‑off payment to carers (carer payment related);\n (q) 2008 one‑off payment to carers (wife pension related);\n (r) 2008 one‑off payment to carers (partner service pension related);\n (s) 2008 one‑off payment to carers (carer service pension related);\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n8 Subsection 47(1) (after paragraph (hn) of the definition of lump sum benefit)\n\nInsert:\n\n (ho) 2008 one‑off payment to carers (carer payment related); or\n (hp) 2008 one‑off payment to carers (wife pension related); or\n (hq) 2008 one‑off payment to carers (partner service pension related); or\n (hr) 2008 one‑off payment to carers (carer service pension related); or\n (hs) 2008 one‑off payment to carers (carer allowance related); or\n\n9 Sections 47B to 47E\n\nRepeal the sections, substitute:\n\n#### 47B Payment of one‑off payments to carers\n\n (1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum:\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Secretary considers appropriate.\n (2) The payments are the following:\n (a) one‑off payment to carers (carer allowance related);\n (b) one‑off payment to carers (carer payment related);\n (c) 2005 one‑off payment to carers (carer payment related);\n (d) 2005 one‑off payment to carers (carer service pension related);\n (e) 2005 one‑off payment to carers (carer allowance related);\n (f) 2006 one‑off payment to carers (carer payment related);\n (g) 2006 one‑off payment to carers (wife pension related);\n (h) 2006 one‑off payment to carers (partner service pension related);\n (i) 2006 one‑off payment to carers (carer service pension related);\n (j) 2006 one‑off payment to carers (carer allowance related);\n (k) 2007 one‑off payment to carers (carer payment related);\n (l) 2007 one‑off payment to carers (wife pension related);\n (m) 2007 one‑off payment to carers (partner service pension related);\n (n) 2007 one‑off payment to carers (carer service pension related);\n (o) 2007 one‑off payment to carers (carer allowance related);\n (p) 2008 one‑off payment to carers (carer payment related);\n (q) 2008 one‑off payment to carers (wife pension related);\n (r) 2008 one‑off payment to carers (partner service pension related);\n (s) 2008 one‑off payment to carers (carer service pension related);\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n10 Application\n\nTo avoid doubt, the amendment made by item 9 does not entitle a person to a payment mentioned in paragraphs 47B(2)(a) to (o) of the Social Security (Administration) Act 1999 (as inserted by item 9) if such a payment has already been paid to the person under section 47B, 47C, 47D or 47E of the that Act (as in force before the commencement of this item).\n\n \n\nPart 2—Related amendments\n\nIncome Tax Assessment Act 1936\n\n11 Subsection 159J(6) (subparagraph (ad)(xvi) of the definition of separate net income)\n\nOmit “and”.\n\n12 Subsection 159J(6) (at the end of paragraph (ad) of the definition of separate net income)\n\nAdd:\n\n (xvii) 2008 one‑off payment to carers (carer payment related);\n (xviii) 2008 one‑off payment to carers (wife pension related);\n (xix) 2008 one‑off payment to carers (partner service pension related);\n (xx) 2008 one‑off payment to carers (carer service pension related);\n (xxi) 2008 one‑off payment to carers (carer allowance related); and\n\n13 Subsection 159J(6) (after paragraph (add) of the definition of separate net income)\n\nInsert:\n\n (ade) does not include payments to carers under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008; and\n\nIncome Tax Assessment Act 1997\n\n14 Section 11‑15 (table item headed “social security or like payments”)\n\nAfter:\n\n| payments under the scheme determined under Schedule 4 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007............................................................................ | 52‑10 |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n\ninsert:\n\n| 2008 one‑off payment to carers (carer payment related), 2008 one‑off payment to carers (wife pension related), 2008 one‑off payment to carers (partner service pension related), 2008 one‑off payment to carers (carer service pension related) or 2008 one‑off payment to carers (carer allowance related) | 52‑10 |\n| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n| payments under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑10 |\n\n15 Paragraph 52‑10(1)(r)\n\nRepeal the paragraph, substitute:\n\n (r) 2008 one‑off payment to carers (carer payment related); or\n (s) 2008 one‑off payment to carers (wife pension related); or\n (t) 2008 one‑off payment to carers (partner service pension related); or\n (u) 2008 one‑off payment to carers (carer service pension related); or\n (v) 2008 one‑off payment to carers (carer allowance related); or\n (w) payments under a scheme referred to in subsection (1E).\n\n16 Paragraph 52‑10(1D)(a)\n\nOmit “Part 2.5A”, substitute “Division 1 of Part 2.5A”.\n\n17 Paragraph 52‑10(1D)(b)\n\nOmit “Part 2.19A”, substitute “Division 1 of Part 2.19A”.\n\n18 Paragraph 52‑10(1D)(c)\n\nOmit “Part 2.5B”, substitute “Division 2 of Part 2.5A”.\n\n19 Paragraph 52‑10(1D)(d)\n\nOmit “Part 2.5C”, substitute “Division 3 of Part 2.5A”.\n\n20 Paragraph 52‑10(1D)(e)\n\nOmit “Part 2.19B”, substitute “Division 2 of Part 2.19A”.\n\n21 Paragraph 52‑10(1D)(f)\n\nOmit “Part 2.5D”, substitute “Division 4 of Part 2.5A”.\n\n22 Paragraph 52‑10(1D)(g)\n\nOmit “Part 2.5E”, substitute “Division 5 of Part 2.5A”.\n\n23 Paragraph 52‑10(1D)(h)\n\nOmit “Part 2.5F”, substitute “Division 6 of Part 2.5A”.\n\n24 Paragraph 52‑10(1D)(i)\n\nOmit “Part 2.5G”, substitute “Division 7 of Part 2.5A”.\n\n25 Paragraph 52‑10(1D)(j)\n\nOmit “Part 2.19C”, substitute “Division 3 of Part 2.19A”.\n\n26 Paragraph 52‑10(1D)(k)\n\nOmit “Part 2.5H”, substitute “Division 8 of Part 2.5A”.\n\n27 Paragraph 52‑10(1D)(l)\n\nOmit “Part 2.5J”, substitute “Division 9 of Part 2.5A”.\n\n28 Paragraph 52‑10(1D)(m)\n\nOmit “Part 2.5K”, substitute “Division 10 of Part 2.5A”.\n\n29 Paragraph 52‑10(1D)(n)\n\nOmit “Part 2.5L”, substitute “Division 11 of Part 2.5A”.\n\n30 Paragraph 52‑10(1D)(o)\n\nOmit “Part 2.19D”, substitute “Division 4 of Part 2.19A”.\n\n31 At the end of subsection 52‑10(1D)\n\nAdd:\n\n ; (p) 2008 one‑off payment to carers (carer payment related) (see Division 12 of Part 2.5A of that Act);\n (q) 2008 one‑off payment to carers (wife pension related) (see Division 13 of Part 2.5A of that Act);\n (r) 2008 one‑off payment to carers (partner service pension related) (see Division 14 of Part 2.5A of that Act);\n (s) 2008 one‑off payment to carers (carer service pension related) (see Division 15 of Part 2.5A of that Act);\n (t) 2008 one‑off payment to carers (carer allowance related) (see Division 5 of Part 2.19A of that Act).\n\n32 At the end of subsection 52‑10(1E)\n\nAdd:\n\n ; (e) a scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\nSocial Security Act 1991\n\n33 After paragraph 8(8)(jae)\n\nInsert:\n\n (jaf) a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n34 Part 2.5A (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.5A—One‑off payments to carers eligible for carer payment\n\n35 Before section 247\n\nInsert:\n\n### Division 1—One‑off payment to carers eligible for carer payment\n\n36 Section 247 (note)\n\nOmit “Part 2.19A”, substitute “Division 1 of Part 2.19A”.\n\n37 Part 2.5B (heading)\n\nRepeal the heading.\n\n38 Before section 249\n\nInsert:\n\n### Division 2—2005 one‑off payment to carers eligible for carer payment\n\n39 Section 249 (note)\n\nOmit “Part 2.19B”, substitute “Division 2 of Part 2.19A”.\n\n40 Part 2.5C (heading)\n\nRepeal the heading.\n\n41 Before section 251\n\nInsert:\n\n### Division 3—2005 one‑off payment to carers eligible for carer service pension\n\n42 Part 2.5D (heading)\n\nRepeal the heading.\n\n43 Before section 253\n\nInsert:\n\n### Division 4—2006 one‑off payment to carers eligible for carer payment\n\n44 Part 2.5E (heading)\n\nRepeal the heading.\n\n45 Before section 255\n\nInsert:\n\n### Division 5—2006 one‑off payment to carers eligible for wife pension\n\n46 Part 2.5F (heading)\n\nRepeal the heading.\n\n47 Before section 257\n\nInsert:\n\n### Division 6—2006 one‑off payment to carers eligible for partner service pension\n\n48 Part 2.5G (heading)\n\nRepeal the heading.\n\n49 Before section 259\n\nInsert:\n\n### Division 7—2006 one‑off payment to carers eligible for carer service pension\n\n50 Part 2.5H (heading)\n\nRepeal the heading.\n\n51 Before section 261\n\nInsert:\n\n### Division 8—2007 one‑off payment to carers eligible for carer payment\n\n52 Part 2.5J (heading)\n\nRepeal the heading.\n\n53 Before section 263\n\nInsert:\n\n### Division 9—2007 one‑off payment to carers eligible for wife pension\n\n54 Part 2.5K (heading)\n\nRepeal the heading.\n\n55 Before section 265\n\nInsert:\n\n### Division 10—2007 one‑off payment to carers eligible for partner service pension\n\n56 Part 2.5L (heading)\n\nRepeal the heading.\n\n57 Before section 267\n\nInsert:\n\n### Division 11—2007 one‑off payment to carers eligible for carer service pension\n\n58 Part 2.19A (heading)\n\nRepeal the heading, substitute:\n\n## Part 2.19A—One‑off payments to carers eligible for carer allowance\n\n59 Before section 992N\n\nInsert:\n\n### Division 1—One‑off payment to carers eligible for carer allowance\n\n60 Subsection 992N(2) (note)\n\nOmit “Part 2.5A”, substitute “Division 1 of Part 2.5A”.\n\n61 Part 2.19B (heading)\n\nRepeal the heading.\n\n62 Before section 992Q\n\nInsert:\n\n### Division 2—2005 one‑off payment to carers eligible for carer allowance\n\n63 Subsection 992Q(2) (note)\n\nOmit “Part 2.5B”, substitute “Division 2 of Part 2.5A”.\n\n64 Part 2.19C (heading)\n\nRepeal the heading.\n\n65 Before section 992T\n\nInsert:\n\n### Division 3—2006 one‑off payment to carers eligible for carer allowance\n\n66 Part 2.19D (heading)\n\nRepeal the heading.\n\n67 Before section 992WA\n\nInsert:\n\n### Division 4—2007 one‑off payment to carers eligible for carer allowance\n\nSocial Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007\n\n68 Paragraph 1(2)(a) of Schedule 4\n\nOmit “Parts 2.5H, 2.5J, 2.5K, 2.5L and 2.19D”, substitute “Divisions 8, 9, 10 and 11 of Part 2.5A and Division 4 of Part 2.19A”.\n\nSocial Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006\n\n69 Paragraph 1(2)(a) of Schedule 4\n\nOmit “Parts 2.5D, 2.5E, 2.5F, 2.5G and 2.19C”, substitute “Divisions 4, 5, 6 and 7 of Part 2.5A and Division 3 of Part 2.19A”.\n\nSocial Security Legislation Amendment (One‑off Payments for Carers) Act 2005\n\n70 Paragraph 1(2)(a) of Schedule 2\n\nOmit “Parts 2.5B, 2.5C and 2.19B”, substitute “Divisions 2 and 3 of Part 2.5A and Division 2 of Part 2.19A”.\n\nVeterans’ Entitlements Act 1986\n\n71 At the end of subsection 5H(8) (before the note)\n\nAdd:\n\n ; (zze) a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\n \n\nSchedule 4—Administrative scheme for 2008 one‑off payments to carers\n\n1 Administrative scheme for 2008 one‑off payments to carers\n\n(1) Subject to this item, the Minister administering Part 2.5 of the Social Security Act 1991 may, by legislative instrument, determine a scheme under which one‑off payments may be made to carers in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.\n\n(2) The circumstances in which the scheme provides for payments must be circumstances:\n\n (a) in which the Minister considers that Divisions 12 to 15 of Part 2.5A and Division 5 of Part 2.19A of the Social Security Act 1991 do not produce appropriate results; and\n (b) occurring in the financial year starting on 1 July 2007.\n\n(3) Without limiting the generality of subitem (1), the scheme may deal with the following:\n\n (a) the circumstances in which payments are to be made;\n (b) the amount of the payments;\n (c) what a person has to do to get a payment;\n (d) debt recovery in circumstances similar to those provided for in section 1223ABA of the Social Security Act 1991;\n (e) administrative matters, such as determination of entitlement and how and when payments will be made.\n\n(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n \n\nSchedule 5—Non‑cancellation of concession cards for temporary overseas absences\n\nPart 1—Main amendments\n\nSocial Security Act 1991\n\n1 Subsection 6A(1)\n\nInsert:\n\n> concession card means:\n\n (a) a pensioner concession card; or\n (b) a health care card; or\n (c) a seniors health card.\n\n2 At the end of subsections 1061ZA(3) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n3 At the end of subsection 1061ZB(2)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n4 At the end of subsections 1061ZC(2) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n5 At the end of subsections 1061ZD(4) and (6)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n6 At the end of subsections 1061ZE(4) and (6)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n7 At the end of subsections 1061ZEA(3) and (5)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n8 At the end of subsection 1061ZEB(3)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 13 weeks (see Division 4).\n\n9 At the end of subsection 1061ZG(1)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a seniors health card for a maximum period of up to 13 weeks (see Division 4).\n\n10 At the end of subsection 1061ZN(1)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 13 weeks (see Division 4).\n\n11 At the end of subsections 1061ZO(2), (3) and (4)\n\nAdd:\n\n> Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 13 weeks (see Division 4).\n\n12 At the end of Part 2A.1\n\nAdd:\n\n### Division 4—Non‑cancellation of concession cards for temporary overseas absences\n\n#### 1061ZUA Persons to whom Division applies\n\n (1) This Division applies to a person if:\n (a) the person leaves Australia temporarily (see subsection (2)); and\n (b) the person is continuously absent from Australia during a period (the period of absence) beginning on the day the person leaves Australia; and\n (c) any of the following applies:\n (i) immediately before the period of absence commences, the person was the holder of a concession card;\n (ii) during the period of absence, the person’s claim for a seniors health card or a health care card is granted under the Administration Act;\n (iii) during the period of absence, the person is issued an automatic issue card.\n (2) For the purposes of paragraph (1)(a), in determining if an absence is temporary, regard must be had to:\n (a) the purpose of the absence; and\n (b) the intended duration of the absence.\n\n#### 1061ZUB Non‑cancellation of concession cards for temporary overseas absences\n\n (1) Throughout the person’s maximum non‑cancellation period (see subsection (3)), the person’s qualification for the concession card is not affected merely by the absence.\n (2) Throughout so much (if any) of the period of absence as occurs after the end of the period of 13 weeks beginning on the day the person leaves Australia, the person is not qualified for the concession card.\n (3) For the purposes of subsection (1), a person’s maximum non‑cancellation period is the shorter of the following periods:\n (a) the person’s period of absence;\n (b) the period of 13 weeks beginning on the day the person leaves Australia.\n\n#### 1061ZUC Extension cards\n\n (1) This section applies if:\n (a) a person qualifies for a concession card under the following section (the qualification section):\n (i) section 1061ZB, 1061ZC, 1061ZD, 1061ZE, 1061ZEB or 1061ZM;\n (ii) section 1061ZEA as a result of the operation of subsection 1061ZEA(2A); and\n (b) as a result of subsection 1061ZUB(1), the person’s qualification for the card is not affected by a period of absence; and\n (c) at the end of the period of 13 weeks mentioned in subsection 1061ZUB(2), the card is cancelled; and\n (d) after that time, the person returns to Australia; and\n (e) the person qualifies again for the card under the qualification section (and in the case of section 1061ZEA, the person qualifies as a result of the operation of subsection 1061ZEA(2A)); and\n (f) the period for which the person was qualified under the qualification section has not yet ended.\n (2) To avoid doubt, the person continues to qualify for the concession card until the end of the period for which the person was qualified under the qualification section (unless the person ceases to be qualified for the card at an earlier time).\n\nSocial Security (Administration) Act 1999\n\n13 Subclause 1(1) of Schedule 1 (definition of concession card)\n\nRepeal the definition.\n\nVeterans’ Entitlements Act 1986\n\n14 Paragraphs 118PA(1)(a) and (b)\n\nRepeal the paragraphs, substitute:\n\n (a) the person is the holder of a seniors health card; or\n\n15 Paragraph 118V(1)(e)\n\nRepeal the paragraph, substitute:\n\n (e) is either:\n (i) in Australia; or\n (ii) temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n16 At the end of subsection 118V(1)\n\nAdd:\n\n> Note 5: For temporarily see section 5Q.\n\n17 Paragraph 118V(1A)(d)\n\nRepeal the paragraph, substitute:\n\n (d) is either:\n (i) in Australia; or\n (ii) temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n18 Paragraph 118V(2)(e)\n\nRepeal the paragraph, substitute:\n\n (e) the person:\n (i) is in Australia; or\n (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n19 At the end of subsection 118V(2)\n\nAdd:\n\n> Note 6: For temporarily see section 5Q.\n\n20 Paragraph 118V(3)(e)\n\nRepeal the paragraph, substitute:\n\n (e) the person:\n (i) is in Australia; or\n (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n21 At the end of subsection 118V(3)\n\nAdd:\n\n> Note 6: For temporarily see section 5Q.\n\n \n\nPart 2—Amendments contingent on the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008\n\nDivision 1—Amendments if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 receives the Royal Assent on the same day or earlier\n\nVeterans’ Entitlements Act 1986\n\n22 At the end of subsection 118V(1A)\n\nAdd:\n\n> Note 5: For temporarily see section 5Q.\n\nDivision 2—Amendments if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 does not receive the Royal Assent on the same day or earlier\n\nVeterans’ Entitlements Act 1986\n\n23 At the end of subsection 118V(1A)\n\nAdd:\n\n> Note 3A: For temporarily see section 5Q.\n\nVeterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008\n\n24 Section 2\n\nRepeal the section, substitute:\n\n#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

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.

2. Schedule 1

1 July 2008.

1 July 2008

3. Schedule 2, items 1 to 37

1 July 2008.

1 July 2008

4. Schedule 2, item 38

Immediately after the commencement of item 23 of Schedule 5 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.

5. Schedule 2, item 39

1 July 2008.

1 July 2008

6. Schedule 3

1 July 2008.

1 July 2008

\n```\n\n> Note: 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\n \n\nPart 3—Application\n\n25 Application\n\nThe amendments made by this Schedule apply in relation to a person who leaves Australia on or after 1 July 2008.","sortOrder":29},{"sectionNumber":"992WD","sectionType":"section","heading":"2008 one‑off payment to carers (carer allowance related)","content":"#### 992WD 2008 one‑off payment to carers (carer allowance related)\n\n (1) A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:\n (a) the instalment was in respect of a period that includes 13 May 2008;\n (b) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;\n (c) the person was paid that instalment because of a claim the person made on or before 13 May 2008.\n (2) For the purposes of this Part, the instalment, or each instalment, in relation to which paragraphs (1)(a), (b) and (c) are satisfied is a qualifying instalment.","sortOrder":30},{"sectionNumber":"992WE","sectionType":"section","heading":"Eligible care receivers","content":"#### 992WE Eligible care receivers\n\n (1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.\n (2) If subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.","sortOrder":31},{"sectionNumber":"992WF","sectionType":"section","heading":"Amount of the one‑off payment","content":"#### 992WF Amount of the one‑off payment\n\n Add together the amounts applicable under this section for each eligible care receiver\n (1) The amount of the one‑off payment to the qualified person is worked out by adding together the amounts applicable under this section for each eligible care receiver.\n Amount is $600 unless subsection (3) applies\n (2) Subject to subsection (3), the amount applicable for an eligible care receiver is $600.\n Reduced amount if instalment rate took account of a subsection 981(1) determination\n (3) If the rate at which a qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver, the amount applicable for the eligible care receiver is that share of $600.\n\n3 Certain claims that would otherwise be taken to have been made on or before 13 May 2008\n\nFor the purposes of the provisions inserted by items 1 and 2, the following are to be disregarded:\n\n (a) the effect of section 12 of the Social Security (Administration) Act 1999, so far as it relates to a determination under that section that is made after 13 May 2008;\n (b) the effect of section 15 of the Social Security (Administration) Act 1999, so far as it relates to the Secretary becoming satisfied of a matter, as mentioned in that section, after 13 May 2008.\n\n4 At the end of subsection 1223ABA(1)\n\nAdd:\n\n ; or (p) 2008 one‑off payment to carers (carer payment related); or\n (q) 2008 one‑off payment to carers (wife pension related); or\n (r) 2008 one‑off payment to carers (partner service pension related); or\n (s) 2008 one‑off payment to carers (carer service pension related); or\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n5 After subsection 1223ABA(3CJ)\n\nInsert:\n\n (3CK) If the relevant payment is a payment of 2008 one‑off payment to carers (carer payment related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the instalment of carer payment referred to in section 269 of this Act was paid.\n (3CL) If the relevant payment is a payment of 2008 one‑off payment to carers (wife pension related), a relevant determination is:\n (a) a determination made under Part 3 of the Administration Act because of which the instalment of wife pension referred to in section 271 of this Act was paid; or\n (b) a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 271 of this Act was paid.\n (3CM) If the relevant payment is a payment of 2008 one‑off payment to carers (partner service pension related), a relevant determination is:\n (a) a determination made under the Veterans’ Entitlements Act because of which the instalment of partner service pension referred to in section 273 of this Act was paid; or\n (b) a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 273 of this Act was paid.\n (3CN) If the relevant payment is a payment of 2008 one‑off payment to carers (carer service pension related), a relevant determination is a determination made under the Veterans’ Entitlements Act because of which the instalment of carer service pension referred to in section 275 of this Act was paid.\n (3CO) If the relevant payment is a payment of 2008 one‑off payment to carers (carer allowance related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 992WD of this Act was paid.\n\n6 At the end of subsection 1223ABA(3D)\n\nAdd:\n\n ; or (e) 13 May 2008, if the relevant payment is a payment of:\n (i) 2008 one‑off payment to carers (carer payment related); or\n (ii) 2008 one‑off payment to carers (wife pension related); or\n (iii) 2008 one‑off payment to carers (partner service pension related); or\n (iv) 2008 one‑off payment to carers (carer service pension related); or\n (v) 2008 one‑off payment to carers (carer allowance related).\n\nSocial Security (Administration) Act 1999\n\n7 Sections 12AA to 12AD\n\nRepeal the sections, substitute:","sortOrder":32},{"sectionNumber":"12AA","sectionType":"section","heading":"One‑off payments to carers","content":"#### 12AA One‑off payments to carers\n\n A claim is not required for the following:\n (a) one‑off payment to carers (carer allowance related);\n (b) one‑off payment to carers (carer payment related);\n (c) 2005 one‑off payment to carers (carer payment related);\n (d) 2005 one‑off payment to carers (carer service pension related);\n (e) 2005 one‑off payment to carers (carer allowance related);\n (f) 2006 one‑off payment to carers (carer payment related);\n (g) 2006 one‑off payment to carers (wife pension related);\n (h) 2006 one‑off payment to carers (partner service pension related);\n (i) 2006 one‑off payment to carers (carer service pension related);\n (j) 2006 one‑off payment to carers (carer allowance related);\n (k) 2007 one‑off payment to carers (carer payment related);\n (l) 2007 one‑off payment to carers (wife pension related);\n (m) 2007 one‑off payment to carers (partner service pension related);\n (n) 2007 one‑off payment to carers (carer service pension related);\n (o) 2007 one‑off payment to carers (carer allowance related);\n (p) 2008 one‑off payment to carers (carer payment related);\n (q) 2008 one‑off payment to carers (wife pension related);\n (r) 2008 one‑off payment to carers (partner service pension related);\n (s) 2008 one‑off payment to carers (carer service pension related);\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n8 Subsection 47(1) (after paragraph (hn) of the definition of lump sum benefit)\n\nInsert:\n\n (ho) 2008 one‑off payment to carers (carer payment related); or\n (hp) 2008 one‑off payment to carers (wife pension related); or\n (hq) 2008 one‑off payment to carers (partner service pension related); or\n (hr) 2008 one‑off payment to carers (carer service pension related); or\n (hs) 2008 one‑off payment to carers (carer allowance related); or\n\n9 Sections 47B to 47E\n\nRepeal the sections, substitute:","sortOrder":33},{"sectionNumber":"47B","sectionType":"section","heading":"Payment of one‑off payments to carers","content":"#### 47B Payment of one‑off payments to carers\n\n (1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum:\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n (b) in such manner as the Secretary considers appropriate.\n (2) The payments are the following:\n (a) one‑off payment to carers (carer allowance related);\n (b) one‑off payment to carers (carer payment related);\n (c) 2005 one‑off payment to carers (carer payment related);\n (d) 2005 one‑off payment to carers (carer service pension related);\n (e) 2005 one‑off payment to carers (carer allowance related);\n (f) 2006 one‑off payment to carers (carer payment related);\n (g) 2006 one‑off payment to carers (wife pension related);\n (h) 2006 one‑off payment to carers (partner service pension related);\n (i) 2006 one‑off payment to carers (carer service pension related);\n (j) 2006 one‑off payment to carers (carer allowance related);\n (k) 2007 one‑off payment to carers (carer payment related);\n (l) 2007 one‑off payment to carers (wife pension related);\n (m) 2007 one‑off payment to carers (partner service pension related);\n (n) 2007 one‑off payment to carers (carer service pension related);\n (o) 2007 one‑off payment to carers (carer allowance related);\n (p) 2008 one‑off payment to carers (carer payment related);\n (q) 2008 one‑off payment to carers (wife pension related);\n (r) 2008 one‑off payment to carers (partner service pension related);\n (s) 2008 one‑off payment to carers (carer service pension related);\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n10 Application\n\nTo avoid doubt, the amendment made by item 9 does not entitle a person to a payment mentioned in paragraphs 47B(2)(a) to (o) of the Social Security (Administration) Act 1999 (as inserted by item 9) if such a payment has already been paid to the person under section 47B, 47C, 47D or 47E of the that Act (as in force before the commencement of this item).\n\n \n\nPart 2—Related amendments\n\nIncome Tax Assessment Act 1936\n\n11 Subsection 159J(6) (subparagraph (ad)(xvi) of the definition of separate net income)\n\nOmit “and”.\n\n12 Subsection 159J(6) (at the end of paragraph (ad) of the definition of separate net income)\n\nAdd:\n\n (xvii) 2008 one‑off payment to carers (carer payment related);\n (xviii) 2008 one‑off payment to carers (wife pension related);\n (xix) 2008 one‑off payment to carers (partner service pension related);\n (xx) 2008 one‑off payment to carers (carer service pension related);\n (xxi) 2008 one‑off payment to carers (carer allowance related); and\n\n13 Subsection 159J(6) (after paragraph (add) of the definition of separate net income)\n\nInsert:\n\n (ade) does not include payments to carers under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008; and\n\nIncome Tax Assessment Act 1997\n\n14 Section 11‑15 (table item headed “social security or like payments”)\n\nAfter:\n\n| payments under the scheme determined under Schedule 4 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007............................................................................ | 52‑10 |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n\ninsert:\n\n| 2008 one‑off payment to carers (carer payment related), 2008 one‑off payment to carers (wife pension related), 2008 one‑off payment to carers (partner service pension related), 2008 one‑off payment to carers (carer service pension related) or 2008 one‑off payment to carers (carer allowance related) | 52‑10 |\n| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----- |\n| payments under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 52‑10 |\n\n15 Paragraph 52‑10(1)(r)\n\nRepeal the paragraph, substitute:\n\n (r) 2008 one‑off payment to carers (carer payment related); or\n (s) 2008 one‑off payment to carers (wife pension related); or\n (t) 2008 one‑off payment to carers (partner service pension related); or\n (u) 2008 one‑off payment to carers (carer service pension related); or\n (v) 2008 one‑off payment to carers (carer allowance related); or\n (w) payments under a scheme referred to in subsection (1E).\n\n16 Paragraph 52‑10(1D)(a)\n\nOmit “Part 2.5A”, substitute “Division 1 of Part 2.5A”.\n\n17 Paragraph 52‑10(1D)(b)\n\nOmit “Part 2.19A”, substitute “Division 1 of Part 2.19A”.\n\n18 Paragraph 52‑10(1D)(c)\n\nOmit “Part 2.5B”, substitute “Division 2 of Part 2.5A”.\n\n19 Paragraph 52‑10(1D)(d)\n\nOmit “Part 2.5C”, substitute “Division 3 of Part 2.5A”.\n\n20 Paragraph 52‑10(1D)(e)\n\nOmit “Part 2.19B”, substitute “Division 2 of Part 2.19A”.\n\n21 Paragraph 52‑10(1D)(f)\n\nOmit “Part 2.5D”, substitute “Division 4 of Part 2.5A”.\n\n22 Paragraph 52‑10(1D)(g)\n\nOmit “Part 2.5E”, substitute “Division 5 of Part 2.5A”.\n\n23 Paragraph 52‑10(1D)(h)\n\nOmit “Part 2.5F”, substitute “Division 6 of Part 2.5A”.\n\n24 Paragraph 52‑10(1D)(i)\n\nOmit “Part 2.5G”, substitute “Division 7 of Part 2.5A”.\n\n25 Paragraph 52‑10(1D)(j)\n\nOmit “Part 2.19C”, substitute “Division 3 of Part 2.19A”.\n\n26 Paragraph 52‑10(1D)(k)\n\nOmit “Part 2.5H”, substitute “Division 8 of Part 2.5A”.\n\n27 Paragraph 52‑10(1D)(l)\n\nOmit “Part 2.5J”, substitute “Division 9 of Part 2.5A”.\n\n28 Paragraph 52‑10(1D)(m)\n\nOmit “Part 2.5K”, substitute “Division 10 of Part 2.5A”.\n\n29 Paragraph 52‑10(1D)(n)\n\nOmit “Part 2.5L”, substitute “Division 11 of Part 2.5A”.\n\n30 Paragraph 52‑10(1D)(o)\n\nOmit “Part 2.19D”, substitute “Division 4 of Part 2.19A”.\n\n31 At the end of subsection 52‑10(1D)\n\nAdd:\n\n ; (p) 2008 one‑off payment to carers (carer payment related) (see Division 12 of Part 2.5A of that Act);\n (q) 2008 one‑off payment to carers (wife pension related) (see Division 13 of Part 2.5A of that Act);\n (r) 2008 one‑off payment to carers (partner service pension related) (see Division 14 of Part 2.5A of that Act);\n (s) 2008 one‑off payment to carers (carer service pension related) (see Division 15 of Part 2.5A of that Act);\n (t) 2008 one‑off payment to carers (carer allowance related) (see Division 5 of Part 2.19A of that Act).\n\n32 At the end of subsection 52‑10(1E)\n\nAdd:\n\n ; (e) a scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008.\n\nSocial Security Act 1991\n\n33 After paragraph 8(8)(jae)\n\nInsert:\n\n (jaf) a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;\n\n34 Part 2.5A (heading)\n\nRepeal the heading, substitute:","sortOrder":34},{"sectionNumber":"Part 2.5A","sectionType":"part","heading":"—One‑off payments to carers eligible for carer payment","content":"## Part 2.5A—One‑off payments to carers eligible for carer payment\n\n35 Before section 247\n\nInsert:","sortOrder":35},{"sectionNumber":"Division 6","sectionType":"division","heading":"2006 one‑off payment to carers eligible for partner service pension","content":"### Division 6—2006 one‑off payment to carers eligible for partner service pension\n\n48 Part 2.5G (heading)\n\nRepeal the heading.\n\n49 Before section 259\n\nInsert:","sortOrder":41},{"sectionNumber":"Division 7","sectionType":"division","heading":"2006 one‑off payment to carers eligible for carer service pension","content":"### Division 7—2006 one‑off payment to carers eligible for carer service pension\n\n50 Part 2.5H (heading)\n\nRepeal the heading.\n\n51 Before section 261\n\nInsert:","sortOrder":42},{"sectionNumber":"Division 8","sectionType":"division","heading":"2007 one‑off payment to carers eligible for carer payment","content":"### Division 8—2007 one‑off payment to carers eligible for carer payment\n\n52 Part 2.5J (heading)\n\nRepeal the heading.\n\n53 Before section 263\n\nInsert:","sortOrder":43},{"sectionNumber":"Division 9","sectionType":"division","heading":"2007 one‑off payment to carers eligible for wife pension","content":"### Division 9—2007 one‑off payment to carers eligible for wife pension\n\n54 Part 2.5K (heading)\n\nRepeal the heading.\n\n55 Before section 265\n\nInsert:","sortOrder":44},{"sectionNumber":"Division 10","sectionType":"division","heading":"2007 one‑off payment to carers eligible for partner service pension","content":"### Division 10—2007 one‑off payment to carers eligible for partner service pension\n\n56 Part 2.5L (heading)\n\nRepeal the heading.\n\n57 Before section 267\n\nInsert:","sortOrder":45},{"sectionNumber":"Division 11","sectionType":"division","heading":"2007 one‑off payment to carers eligible for carer service pension","content":"### Division 11—2007 one‑off payment to carers eligible for carer service pension\n\n58 Part 2.19A (heading)\n\nRepeal the heading, substitute:","sortOrder":46},{"sectionNumber":"Part 2.19A","sectionType":"part","heading":"—One‑off payments to carers eligible for carer allowance","content":"## Part 2.19A—One‑off payments to carers eligible for carer allowance\n\n59 Before section 992N\n\nInsert:","sortOrder":47},{"sectionNumber":"1061ZUA","sectionType":"section","heading":"Persons to whom Division applies","content":"#### 1061ZUA Persons to whom Division applies\n\n (1) This Division applies to a person if:\n (a) the person leaves Australia temporarily (see subsection (2)); and\n (b) the person is continuously absent from Australia during a period (the period of absence) beginning on the day the person leaves Australia; and\n (c) any of the following applies:\n (i) immediately before the period of absence commences, the person was the holder of a concession card;\n (ii) during the period of absence, the person’s claim for a seniors health card or a health care card is granted under the Administration Act;\n (iii) during the period of absence, the person is issued an automatic issue card.\n (2) For the purposes of paragraph (1)(a), in determining if an absence is temporary, regard must be had to:\n (a) the purpose of the absence; and\n (b) the intended duration of the absence.","sortOrder":53},{"sectionNumber":"1061ZUB","sectionType":"section","heading":"Non‑cancellation of concession cards for temporary overseas absences","content":"#### 1061ZUB Non‑cancellation of concession cards for temporary overseas absences\n\n (1) Throughout the person’s maximum non‑cancellation period (see subsection (3)), the person’s qualification for the concession card is not affected merely by the absence.\n (2) Throughout so much (if any) of the period of absence as occurs after the end of the period of 13 weeks beginning on the day the person leaves Australia, the person is not qualified for the concession card.\n (3) For the purposes of subsection (1), a person’s maximum non‑cancellation period is the shorter of the following periods:\n (a) the person’s period of absence;\n (b) the period of 13 weeks beginning on the day the person leaves Australia.","sortOrder":54},{"sectionNumber":"1061ZUC","sectionType":"section","heading":"Extension cards","content":"#### 1061ZUC Extension cards\n\n (1) This section applies if:\n (a) a person qualifies for a concession card under the following section (the qualification section):\n (i) section 1061ZB, 1061ZC, 1061ZD, 1061ZE, 1061ZEB or 1061ZM;\n (ii) section 1061ZEA as a result of the operation of subsection 1061ZEA(2A); and\n (b) as a result of subsection 1061ZUB(1), the person’s qualification for the card is not affected by a period of absence; and\n (c) at the end of the period of 13 weeks mentioned in subsection 1061ZUB(2), the card is cancelled; and\n (d) after that time, the person returns to Australia; and\n (e) the person qualifies again for the card under the qualification section (and in the case of section 1061ZEA, the person qualifies as a result of the operation of subsection 1061ZEA(2A)); and\n (f) the period for which the person was qualified under the qualification section has not yet ended.\n (2) To avoid doubt, the person continues to qualify for the concession card until the end of the period for which the person was qualified under the qualification section (unless the person ceases to be qualified for the card at an earlier time).\n\nSocial Security (Administration) Act 1999\n\n13 Subclause 1(1) of Schedule 1 (definition of concession card)\n\nRepeal the definition.\n\nVeterans’ Entitlements Act 1986\n\n14 Paragraphs 118PA(1)(a) and (b)\n\nRepeal the paragraphs, substitute:\n\n (a) the person is the holder of a seniors health card; or\n\n15 Paragraph 118V(1)(e)\n\nRepeal the paragraph, substitute:\n\n (e) is either:\n (i) in Australia; or\n (ii) temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n16 At the end of subsection 118V(1)\n\nAdd:\n\n> Note 5: For temporarily see section 5Q.\n\n17 Paragraph 118V(1A)(d)\n\nRepeal the paragraph, substitute:\n\n (d) is either:\n (i) in Australia; or\n (ii) temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n18 Paragraph 118V(2)(e)\n\nRepeal the paragraph, substitute:\n\n (e) the person:\n (i) is in Australia; or\n (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n19 At the end of subsection 118V(2)\n\nAdd:\n\n> Note 6: For temporarily see section 5Q.\n\n20 Paragraph 118V(3)(e)\n\nRepeal the paragraph, substitute:\n\n (e) the person:\n (i) is in Australia; or\n (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and\n\n21 At the end of subsection 118V(3)\n\nAdd:\n\n> Note 6: For temporarily see section 5Q.\n\n \n\nPart 2—Amendments contingent on the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008\n\nDivision 1—Amendments if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 receives the Royal Assent on the same day or earlier\n\nVeterans’ Entitlements Act 1986\n\n22 At the end of subsection 118V(1A)\n\nAdd:\n\n> Note 5: For temporarily see section 5Q.\n\nDivision 2—Amendments if the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 does not receive the Royal Assent on the same day or earlier\n\nVeterans’ Entitlements Act 1986\n\n23 At the end of subsection 118V(1A)\n\nAdd:\n\n> Note 3A: For temporarily see section 5Q.\n\nVeterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008\n\n24 Section 2\n\nRepeal the section, substitute:","sortOrder":55}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act delivered exactly what its title and structure promised: one-off payments to older Australians and carers, administrative schemes as backstops, and the concession card overseas travel reform. The concession card changes (Schedule 5) are a meaningful ongoing policy reform beyond a simple payment, but they were clearly within the stated 'other budget measures' scope. No evidence of scope creep beyond original intent."},"complexity_factors":["Amends multiple Acts simultaneously (Social Security Act 1991, Social Security (Administration) Act 1999, Veterans' Entitlements Act 1986, Income Tax Assessment Acts 1936 and 1997)","Multiple, distinct eligibility categories for payments with overlapping conditions and cross-references between Acts","Complex staggered commencement provisions — 12 separate commencement items, some contingent on whether another Act (Veterans' Entitlements Legislation Amendment (2007 Election Commitments) Act 2008) received Royal Assent before or after this Act","Some provisions explicitly did not commence ('Does not commence' noted in the table) due to contingency conditions not being met","Five distinct categories of carer payments with different eligibility rules and varying amounts (including pro-rata calculations based on shared care arrangements)","Extensive structural reorganisation of existing Social Security Act provisions (renaming Parts to Divisions within consolidated Parts) affecting cross-references in this and prior Acts","Debt recovery provisions with multiple scenarios and conditions tied to knowing false statements","Administrative scheme provisions (Schedules 2 and 4) giving Ministers discretionary power to create supplementary payment schemes by legislative instrument","Amendments to prior years' Acts (2006 and 2007 Budget measures Acts) to update cross-references following structural reorganisation","Interaction with carer allowance shared-care rules (subsection 981(1) determinations affecting proportional payment amounts)"],"plain_english_summary":"This 2008 Act (passed 26 May 2008) provided one‑off, tax‑free cash payments to eligible older Australians, veterans and carers — with amounts varying by benefit type — and ensured only a single lump sum per person. It also protected concession cards from cancellation for up to 13 weeks of temporary overseas travel. The measures affected pensioners, carers and concession‑card holders and removed the payments from income tests."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act implements a defined budget package of one‑off payments and a set of administrative and tax adjustments to deliver them. All measures (cash payments to older Australians and carers, ministerial administrative schemes, tax exemptions, debt‑recovery rules and temporary overseas concession‑card protection) are within the scope signalled by the instrument's title (“One‑off Payments and Other Budget Measures”) and were part of the same policy package. It therefore does not represent a material growth beyond its original purpose, although it consolidates and coordinates a large number of cross‑cutting statutory edits across social security, veterans’ and tax law."},"complexity_factors":["Large omnibus structure: 5 Schedules with multiple Parts and Divisions (Schedules 1–5).","Multiple principal Acts amended: Social Security Act 1991, Veterans’ Entitlements Act 1986, Social Security (Administration) Act 1999, Income Tax Assessment Acts 1936 & 1997, plus cross‑amendments to several prior one‑off payment Acts.","Many inserted sections and new Parts/Divisions (e.g. s93ZC/93ZD; Part VIIF ss118ZZL–118ZZP; carer Divisions ss269–276; ss992WD–992WF).","Several distinct payment streams and differing formulas: older Australians ($500), carers (several $1,000 streams) and carer‑allowance related ($600 per eligible care receiver with share calculations).","Numerous cross‑references and substitutions across Acts (dozens of 'omit/substitute' items altering citations throughout the statute book).","Contingent commencement and inter‑Act dependency: commencement of some provisions depends on the Royal Assent timing of the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 or other items.","Delegation of detailed decision‑making to ministers by legislative instrument (Schedules 2 & 4) — creates conditional administrative complexity and secondary regulation to be consulted. ","Debt recovery rules with conditional triggers and carve‑outs (s118ZZP), and limits on application of other debt provisions — layered conditional logic. ","Amendments to tax law across two tax Acts to exempt these payments, adding another statutory regime to coordinate. "],"plain_english_summary":"**What this Act does (mechanically)**\n\n- Creates a package of one‑off cash payments in 2008 for eligible older Australians and for eligible carers by amending the Social Security Act 1991 and the Veterans’ Entitlements Act 1986, and by adding related administrative and tax changes.\n- Sets the amounts and eligibility tests in primary law:\n - Older Australians: $500 (Social Security Act s93ZC / Veterans’ Entitlements Act s118ZZL and s118ZZM). Eligibility is tied to having reached pension/qualifying age by 13 May 2008 and to receiving certain income‑support payments, or to qualifying for concession cards on that date; short temporary overseas absences (up to 13 weeks) are treated as preserving eligibility (see s93ZC(2)–(4), s118ZZL(2)–(3)).\n - Carers: a set of one‑off payments of $1,000 for several carer‑related streams (carer payment, wife pension related, partner service pension related, carer service pension related — Social Security Act Divisions 12–15, ss269–276) and a carer‑allowance related payment worked out by reference to eligible care receivers (ss992WD–992WF) that is usually $600 per eligible care receiver.\n- Makes the payments lump‑sum and payable by the Secretary (Department) or Commission as soon as reasonably practicable (Social Security (Administration) Act ss47AA/47B; Veterans’ Entitlements Act ss118ZZO).\n- Declares the payments exempt from income tax by amending the Income Tax Assessment Acts (see ITA 1936 s159J(6) and ITA 1997 amendments around items 52‑10 and 52‑65).\n- Provides debt‑recovery / clawback rules in the Veterans’ Act where a later determination shows the person was not entitled due to knowingly false information (s118ZZP).\n- Permits Ministers to make legislative‑instrument “administrative schemes” to catch cases where the statutory tests do not produce appropriate results for the 2007–08 financial year (Schedules 2 and 4). These instruments can set circumstances, amounts, application processes and debt recovery rules; payments are to be charged to the Consolidated Revenue Fund.\n- Changes concession‑card treatment for temporary overseas absences so concession cards (pensioner concession card, health care card, seniors health card) are not cancelled for up to 13 weeks of continuous absence (Social Security Act Part 2A.1 Division 4; ss1061ZUA–1061ZUC). Parallel amendments made in the Veterans’ Entitlements Act adjust “in Australia / temporarily absent” tests accordingly.\n\n**Who is affected**\n\n- Older Australians who met the statutory eligibility on or before 13 May 2008: primarily pension‑age people receiving social security income support, certain allowance recipients, and those qualifying for seniors concession benefits (see s93ZC / s118ZZL). Some veterans eligible for service pensions get the same $500 via the Veterans’ Act route (s118ZZM).\n- Carers who were receiving carer payment, carer service pensions, or carer allowance instalments that included 13 May 2008 and where the relevant claim was made on or before that date (Divisions 12–15 and Division 5 of Part 2.19A).\n- The Department/Commission that must identify eligible people and make lump‑sum payments — there is an administrative and IT workload.\n- Taxpayers collectively, because the payments are appropriated from the Consolidated Revenue Fund and are exempt from income tax (ITA amendments).\n- People travelling overseas temporarily: concession cards remain valid for up to 13 weeks, reducing the administrative risk of losing benefits while abroad (Part 5 changes to concession‑card rules).\n\n**Why it matters (policy mechanics, incentives and trade‑offs)**\n\n- The Act converts a budget decision (one‑off cash transfers) into enforceable legal entitlements for people meeting precise date‑and‑claim tests (13 May 2008 and claims lodged on or before that date). That creates concentrated, identifiable benefits for eligible recipients and a clear legal basis for payment (see Social Security Act Division 4; Veterans’ Act Part VIIF).\n- Tax exemption (ITA changes) ensures recipients keep the transfer net of tax, and removes an administrative step of recipients having to declare it as taxable income.\n- Ministerial power to make legislative‑instrument schemes (Schedules 2 & 4) delegates to ministers the ability to deal with edge cases where the primary statutory tests “do not produce appropriate results.” That increases administrative flexibility but also concentrates discretion in the executive (instruments may set amounts, circumstances and application rules).\n- Debt recovery clauses in the Veterans’ Act (s118ZZP) provide mechanisms to recover payments where entitlement later proves to have depended on knowingly false information. The Act limits the usual debt provisions in that Part and creates a specific recoverable‑amount regime for these payments. That reduces fraud loss risk but introduces compliance and verification costs.\n- Non‑cancellation of concession cards for up to 13 weeks (Part 5) reduces the risk of short absences causing loss of concessions; it reduces churn and re‑issue costs but extends benefit receipt while a person is outside Australia for short periods.\n\n**Costs, implementation risk and compliance burden**\n\n- Direct fiscal cost: lump‑sum payments charged to the Consolidated Revenue Fund (Schedules 2 & 4 demand appropriation). Amounts are fixed in law for the main categories ($500; $1,000; $600 per eligible care receiver) so outlays are predictable per eligible person but depend on the headcount of qualifiers.\n- Administrative cost and operational risk: identifying eligible cohorts against historic records (claims in respect of instalments including 13 May 2008), cross‑checking for duplicate eligibility between Social Security and Veterans’ streams (ss93ZC(6)/118ZZL(4) prevent duplication), and executing lump sums introduces IT and staff workload.\n- Discretion costs: ministerial schemes can vary amounts/eligibility by legislative instrument, which is faster than primary legislation but reduces parliamentary scrutiny compared with an Act—this raises the risk of ad‑hoc adjustments and political pressure to target small groups.\n- Compliance burden on recipients is low for the core grants (no claim required in some Veterans’/carer cases — see s118ZZN and Social Security (Administration) Act s12AA), but recordkeeping to justify eligibility will be needed for verification and possible recoveries.\n\n**Market‑liberal prior questions (how the measure affects private enterprise and choice)**\n\n- These are direct cash transfers to individuals and carers, not structural interventions in markets. They do not change market entry, competition rules or regulation of business. They slightly increase disposable income for recipients in the short term, which can have local demand effects for goods and services consumed by beneficiaries.\n- The ministerial schemes create administrative discretion but do not grant subsidies to firms nor alter contracting freedoms.\n\n**Concentrated benefits / diffuse costs and capture risk**\n\n- Benefits are concentrated (one‑off, identifiable payments to specific individuals and carers). Costs are diffuse (paid from general revenue). That is a standard structure for cash‑transfer budget measures and creates political salience for recipients.\n- Capture/rent‑seeking risk exists in the discretionary scheme power (Schedules 2 & 4): ministers can tailor schemes by instrument to provide payments in circumstances deemed “in which the Act does not produce appropriate results.” The legal test is subjective (“the Minister considers”), which broadens administrative discretion.\n\n**Key statutory citations (examples)**\n\n- Older Australians payment: Social Security Act 1991 Division 4 (s93ZC) and amount s93ZD; Veterans’ Entitlements Act Part VIIF (ss118ZZL–118ZZM, ss118ZZN–118ZZP for claim/payment/debt rules).\n- Carers payments: Social Security Act Divisions 12–15 (ss269–276) and carer allowance related (ss992WD–992WF).\n- Payment mechanics and single lump sum payment rule: Social Security (Administration) Act 1999 ss47AA/47B and substituted sections (items 13 and 9 respectively).\n- Tax exemptions: Income Tax Assessment Act 1997 and 1936 amendments (e.g. ITA 1997 table and items 52‑10 / 52‑65 insertions, and s159J(6) in ITA 1936).\n- Ministerial administrative‑scheme powers: Schedule 2 (older Australians) and Schedule 4 (carers) — allow legislative instruments and appropriate appropriation from Consolidated Revenue Fund.\n- Concession cards non‑cancellation for temporary absence: Social Security Act Part 2A.1 Division 4 (ss1061ZUA–1061ZUC) and related notes.\n\n**Bottom line, practically**\n\n- The Act turns a 2008 budget package into statutory one‑off payments with defined eligibility, payment mechanisms, tax treatment and recovery rules, plus administrative discretion to handle edge cases and a rule preserving concession cards during short overseas trips. It centralises decision‑making about exceptions in ministerial instruments (Schedules 2 & 4) and assigns the administrative burden of delivery and verification to the relevant agencies (Secretary/Commission)."},"kimi_summary":{"_metrics":{"completionTokens":661},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: delivering 2008 budget measures for one-off payments to older Australians and carers, plus concession card portability. The structure expands to accommodate administrative schemes and restructures existing Parts into Divisions, but this is organizational rather than substantive scope expansion."},"complexity_factors":["Multiple overlapping payment schemes with subtly different eligibility criteria (pension age vs qualifying age, different payment types)","Extensive cross-referencing between Social Security Act 1991, Veterans' Entitlements Act 1986, and Income Tax Assessment Acts","Contingent commencement provisions that depend on another Act receiving Royal Assent on specific dates","Debt recovery provisions with multiple nested conditions (knowingly false statements, timing of determinations)","Conversion of Parts to Divisions requiring amendments to multiple prior Acts","13-week temporary absence calculations with 'continuous period' requirements","Multiple carve-outs for claims deemed made after 13 May 2008 via administrative determinations"],"plain_english_summary":"This legislation delivers three main budget measures from 2008:\n\n**1. One-off payments to older Australians ($500 each)**\n- **Who gets it:** Australians who reached pension age by 13 May 2008 and were receiving certain income support payments (like Age Pension), or those qualified for seniors concession allowance/health cards, or receiving widow/partner allowances. Veterans receiving service pensions or income support supplements get a separate but equivalent payment.\n- **Key condition:** You must have been in Australia (or temporarily away for less than 13 weeks) on 13 May 2008, and your claim must have been made on or before that date.\n- **Amount:** $500 per person, paid automatically as a lump sum.\n\n**2. One-off payments to carers ($600–$1,000)**\n- **Who gets it:** People receiving carer payments, wife pensions, partner service pensions, or carer service pensions on 13 May 2008, plus those getting carer allowance.\n- **Amount:** $1,000 for most carers; $600 per person being cared for if you only receive carer allowance (shared if multiple carers).\n- **Key condition:** Same date rules apply—claims must have been made on or before 13 May 2008.\n\n**3. Keeping concession cards during short overseas trips**\n- **What changed:** Previously, leaving Australia usually cancelled your pensioner concession card, health care card, or seniors health card immediately. Now these cards stay active for up to 13 weeks of temporary overseas absence.\n- **Who benefits:** Anyone with these cards who travels overseas temporarily (the purpose and intended duration of the trip matter).\n- **Extension rule:** If your card was cancelled after 13 weeks away but you return to Australia and re-qualify, you can get the remaining time restored.\n\n**Tax treatment:** All these one-off payments are **tax-free** (exempt from income tax).\n\n**Administrative safety nets:** Ministers can create schemes to pay people who fall through the cracks of the main rules, with payments also tax-free."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-and-veterans-entitlements-legislation-amendment-one-off-payments-and-other-budget-me","history":"/api/acts/social-security-and-veterans-entitlements-legislation-amendment-one-off-payments-and-other-budget-me/history","analysis":"/api/acts/social-security-and-veterans-entitlements-legislation-amendment-one-off-payments-and-other-budget-me/analysis","conflicts":"/api/acts/social-security-and-veterans-entitlements-legislation-amendment-one-off-payments-and-other-budget-me/conflicts","importantCases":"/api/acts/social-security-and-veterans-entitlements-legislation-amendment-one-off-payments-and-other-budget-me/important-cases","documents":"/api/acts/social-security-and-veterans-entitlements-legislation-amendment-one-off-payments-and-other-budget-me/documents"}}