Families, Community Services and Indigenous Affairs and Veterans' Affairs Legislation Amendment (2006 Budget Measures) Act 2006

This Act changes how ‘principal home’ is counted for assets tests by treating adjacent land and certain garages/storerooms as part of a home if they meet a private‑use test (or an extended discretionary test for long‑term pensioners) (Sch 1, s11A/5LA). It also creates a crisis payment for people who remain in their home after a family member leaves or is removed because of domestic or family violence (Sch 3, s1061JHA), and broadens authorised data‑sharing and property‑information powers to support administration (Sch 4). Decisions about inclusion and effective use rest with officials and create new notification, evidentiary and compliance burdens.

The Families, Community Services and Indigenous Affairs and Veterans’ Affairs Legislation Amendment (2006 Budget Measures) Act 2006 (Cth) (the Act) serves as an omnibus amending instrument designed to implement targeted policy adjustments originating from the 2006 Commonwealth Budget. The Act mechanically alters several key pieces of social security, veterans' entitlements, family law, aged care, and administrative legislation.

The primary structural change, contained in Schedule 1, concerns the treatment of land adjacent to a person’s dwelling-house for the purposes of the social security and veterans' entitlements assets tests. Mechanically, the Act repeals the pre-existing provisions governing adjacent land under the Social Security Act 1991 (Cth) and the Veterans’ Entitlements Act 1986 (Cth), replacing them with a consolidated statutory regime under section 11A of the Social Security Act 1991 and section 5LA of the Veterans’ Entitlements Act 1986. This regime clarifies when land adjacent to a principal home is exempt from the assets test, establishing a strict "same title document" default rule, while providing a pathway (the "extended land use test") for rural landholders who meet specific age, residency, and land-use requirements to exempt adjacent land exceeding two hectares.

In Schedule 3, the Act expands the social security safety net by creating a new category of "Crisis Payment." It inserts section 1061JHA into the Social Security Act 1991, which establishes a payment for individuals who remain in their own homes after a family member has left or been removed due to domestic or family violence. This complements existing crisis payment categories which historically focused on individuals forced to leave their homes due to extreme circumstances.

Schedule 4 introduces several discrete administrative and information-sharing amendments across different portfolios:

It amends the Aged Care Act 1997 (Cth) to permit the disclosure of protected aged care information to the Chief Executive Officer of Centrelink and the Secretary of the Department administering social security, assisting in the alignment of means-testing data.
It amends the Child Support (Assessment) Act 1989 (Cth) and the Child Support (Registration and Collection) Act 1988 (Cth) to facilitate information sharing between the Child Support Registrar and Medicare Australia.
It amends section 195 of the Social Security (Administration) Act 1999 (Cth) to expand the government’s information-gathering powers, allowing the Secretary to require individuals to provide detailed records concerning their legal or equitable interests in real property, including the identity of the owner, property addresses, and title document details.

The Act relies on a series of highly specific statutory concepts to delineate the boundaries of asset exemptions and payment qualifications.

Principal Home and Adjacent Land

A person's "principal home" is generally exempt from the pension assets test. Under section 11A(1) of the Social Security Act 1991 and section 5LA(1) of the Veterans’ Entitlements Act 1986, a principal home is defined to include the actual dwelling-house and adjacent land, provided that:

The land is held under the same title document as the land on which the dwelling-house is located (subject to narrow discretionary exceptions).
The land satisfies either the "private land use test" or the "extended land use test."

For apartments, flats, or home units, the concept of a principal home is extended by section 11A(1)(b) to include a garage or storeroom, provided it is used primarily for private or domestic purposes in association with the residential unit.

Title Document

Under section 11A(11) and section 5LA(11), "title document" has a precise legal meaning:

For land registered under a Torrens system of registration, it refers to the certificate of title for the land.
For land held under any other system (such as old system title or common law title), it refers to the last instrument by which title to the land was conveyed.

The statutory default is that adjacent land on a separate title document is included in the assets test, regardless of physical proximity, unless the Secretary or Commission exercises their discretion under subsection (2). This discretion is confined to cases where the dwelling-house sits across both blocks, both blocks are protected under heritage or environmental laws, or the alienation of one block would "seriously undermine the function of the house as a dwelling."

Private Land Use Test

This test, found in section 11A(3) and section 5LA(3), is satisfied if:

The total area of the land, when combined with the ground floor area of the dwelling-house, does not exceed two hectares.
The land is used primarily for private or domestic purposes in association with the dwelling-house.

Extended Land Use Test

For landholdings exceeding two hectares, the "extended land use test" applies. Under section 11A(4) and section 5LA(4), this test is restricted to individuals who:

The mechanical changes implemented by this Act primarily affect four distinct groups of individuals and entities.

Older Landowners and Rural Pensioners

The primary economic impact falls upon age pensioners, carer payment recipients, and veterans' service pension recipients who hold properties larger than two hectares. Those who have resided on their properties for 20 years or more are granted a pathway to shield their adjacent land from the assets test, preventing the value of their land from reducing their income support payments. Conversely, those with less than 20 years of continuous residency, or those holding adjacent land on separate title documents that cannot be merged or exempted, face having the market value of that adjacent land assessed. This creates a financial incentive structure that discourages newer retirees from acquiring large rural holdings, while offering protection to long-term rural residents who might otherwise be asset-rich but income-poor.

Victims of Domestic and Family Violence

The introduction of section 1061JHA of the Social Security Act 1991 directly affects victims of domestic or family violence. It shifts the eligibility focus of emergency state assistance. Rather than requiring a victim to undergo the disruption of relocating to qualify for financial support, the Act supports individuals who retain their housing stability by remaining in their principal home after the perpetrator has been removed or has left.

Financial Advisors, Conveyancers, and Legal Practitioners

The strict "same title document" rule and the highly subjective "effective use of the land" criteria require careful navigating by legal and financial professionals. Practitioners advising clients on retirement planning, estate planning, or property acquisitions must evaluate how property subdivisions, consolidations, or the acquisition of adjacent allotments affect pension eligibility under the assets test.

Commonwealth Agencies and Administrators

The Act significantly affects the administrative operations of:

Centrelink (the Commonwealth Services Delivery Agency) and the Department of Families, Community Services and Indigenous Affairs: Officers must apply the multi-factor discretionary tests under section 11A to determine "effective use" and "same title" equivalency.
The Department of Veterans' Affairs and the Repatriation Commission: Officers must administer parallel assessments under section 5LA.

The Act establishes several specific statutory duties and rights that govern the relationship between individuals and administering authorities.

Rights of Pensioners under the Extended Land Use Test

Pensioners who meet the 20-year continuous residency requirement and are of pension age have a statutory right to have their adjacent land evaluated under the "effective use" criteria. If they satisfy the test, they have a right to have land exceeding two hectares excluded from their assets test calculation. This right is paired with protective transitional provisions under item 20 of Schedule 1 (for social security) and item 45 of Schedule 1 (for veterans' entitlements), which preserve payment rates or backdate positive determinations if claims or notifications were lodged during the transitional "notification period" (1 January 2007 to 31 March 2007), or up to 30 June 2007 in "special circumstances."

Duties of Landowners Seeking Exemption

To secure an exemption for adjacent land, landowners bear an evidentiary burden. Under section 11A(7) and section 5LA(7), they must provide sufficient information to enable the Secretary or Commission to assess the "effective use of the land." This involves disclosing details about:

The land's commercial or potential commercial use.
Family situations, including whether family members or children receiving income support reside on the property or are supported by the land.
Health status and caregiving responsibilities that limit their capacity to make commercial use of the land.
The history of block amalgamations and any associated environmental issues.

Public Information-Gathering Duties

Under Schedule 4, item 5, individuals holding any legal or equitable estate or interest in real property are subject to a duty to disclose information to the Secretary. The amendment to section 195(2) of the Social Security (Administration) Act 1999 empowers the Secretary to compel the production of:

The exact name of the owner of the property.
The physical address of the property.
Complete details of the title documents for the property.

Rights of Victims of Domestic Violence

Qualified victims of domestic violence have a statutory right to claim a one-off "Crisis Payment" under section 1061JHA, provided they lodge their claim within seven days after the perpetrator’s departure or removal. This right is contingent on the claimant being in "severe financial hardship" and qualifying for an underlying social security pension or benefit on the day the claim is made.

The Act relies on existing enforcement frameworks within the social security and veterans' entitlements systems, but it introduces specific administrative control mechanisms and information-gathering powers to prevent exploitation.

Information-Gathering and Non-Compliance Penalties

The inclusion of paragraph 195(2)(ha) in the Social Security (Administration) Act 1999 strengthens the administrative enforcement toolset. Under section 195, the Secretary may require a person to provide information or produce documents in their possession that are relevant to the assessment of a social security payment.

Failing to comply with a notice issued under section 195, or providing false or misleading information in response to such a notice, triggers the general penalty provisions of the Social Security (Administration) Act 1999, which can include the suspension or cancellation of payments, as well as criminal prosecution under the Criminal Code Act 1995 (Cth) for making false statements to a Commonwealth entity.

Asset Revaluation and Debt Recovery

Where a person fails to satisfy the "private land use test" or the "extended land use test," the value of the adjacent land is included in their assets test. If a person fails to notify the Department of changes in land use, or if a determination of "effective use" is subsequently revoked or varied retrospectively, any overpaid pension amounts are treated as a debt due to the Commonwealth. These debts are subject to recovery under the administrative debt recovery provisions of Chapter 5 of the Social Security (Administration) Act 1999 and Part XII of the Veterans’ Entitlements Act 1986, including recovery via direct deductions from ongoing payments, garnishce of bank accounts, or civil litigation.

Prevention of Manufactured Claims

For the domestic violence crisis payment, section 1061JHA(2) establishes an explicit anti-avoidance enforcement mechanism. A person is disqualified from receiving the payment if the Secretary is satisfied that the family member left the home "with a view to the person obtaining a crisis payment." This requires administrative staff to scrutinise the circumstances of departure to ensure the separation is genuine and directly linked to domestic or family violence, rather than a collusive arrangement designed to extract emergency funds.

Furthermore, under section 1061JHA(1)(h), a strict cap is enforced: a person can receive no more than three crisis payments within any 12-month period across both the new category (remaining in the home) and the existing category under section 1061JH (extreme circumstances forcing departure).

The provisions of the Act create direct intersections with property law, aged care funding systems, and information privacy regimes.

Intersection with State Real Property Laws

The Act’s reliance on the term "title document" and the distinction between Torrens system certificates of title and common law deeds (section 11A(11) and section 5LA(11)) means that federal social security law is directly tethered to state and territory land title registration systems. Administrative determinations of what constitutes "adjacent land" depend on how parcels are registered at the relevant state land registry (e.g., NSW Land Registry Services, Victoria's Land Use Victoria).

Interaction with the Aged Care Act 1997

The land-use and principal home rules in Schedule 1 interact directly with the Aged Care Act 1997. Under section 11A(8) and section 5LA(8), a person's residence continues to be treated as their principal home (and therefore remains exempt from the assets test) if they leave it to enter a "care situation" or become an "aged care resident," provided they are accruing a liability to pay an "accommodation charge" or "accommodation bond" under the Aged Care Act 1997 and are deriving rental income from the residence.

Furthermore, Schedule 4 amends the confidentiality provisions of the Aged Care Act 1997 (section 86-3) to permit the disclosure of protected information directly to Centrelink and the Department of Families, Community Services and Indigenous Affairs. This allows the Commonwealth to cross-reference an aged care resident's fee liabilities and care status with their social security assets test records, ensuring that the asset exemption under section 11A(8) matches actual liabilities accrued under the aged care system.

Interaction with the Legislative Instruments Act 2003

Subsections 11A(12) and 5LA(12) explicitly state that administrative determinations made by the Secretary or Commission regarding same-title treatment (under subsection 2) or the effective use of land (under paragraph 6(b)) are not legislative instruments. This excludes these decisions from the registration, tabling, and disallowance requirements of the Legislative Instruments Act 2003 (Cth) (now the Legislation Act 2003), characterising them as purely administrative decisions subject instead to internal merits review and review by the Administrative Appeals Tribunal.

Interaction with Child Support and Medicare Laws

The Act is an amending instrument, meaning its operational provisions were absorbed directly into the principal Acts they targeted on their respective commencement dates.

Structural Replacements in Principal Acts

Schedule 1 (Commenced 1 January 2007):
- Amended the Social Security Act 1991 by omitting references to subsections 11(5) to (7) and inserting section 11A. It repealed subsections 11(5) to (8) and amended sections 12A, 13, 1118, 1185C, 1185S, 1208J, and 1208X to align references with the new section 11A.
- Amended the Veterans' Entitlements Act 1986 by repealing the definition of "interest that gives reasonable security of tenure" in section 5L(1) and inserting section 5LA. It repealed subsections 5L(5) to (8) and amended sections 5E, 5H, 5M, 5MA, 5N, 49B, 49R, 52, 52ZZV, 52ZZZI, and Schedule 5 to update references.
Schedule 3 (Commenced 8 December 2006):
- Amended the Social Security Act 1991 by modifying section 19D(1) and paragraph 1061JH(1)(g) to integrate the new crisis payment qualification, and inserted the substantive section 1061JHA.
Schedule 4 (Commenced 8 December 2006):
- Amended the Aged Care Act 1997 by inserting paragraphs 86-3(ca) and (cb) to facilitate information flow to Centrelink and the Department.
- Amended the Child Support (Assessment) Act 1989 (section 150(3)) and the Child Support (Registration and Collection) Act 1988 (section 16(3)) to insert paragraph (bb), creating the Medicare Australia disclosure gateway.
- Amended the Social Security (Administration) Act 1999 by inserting paragraph 195(2)(ha) to expand real property information gathering.

Because this Act was a amending bill implementing budget measures, its historical footprint is primarily preserved within the historical notes of the compilation versions of these principal Acts.

The Act itself does not contain any record of prior litigation or judicial consideration, as it is the initiating amending statute. However, the provisions introduced by the Act,specifically section 11A of the Social Security Act 1991 and section 5LA of the Veterans’ Entitlements Act 1986,have been the subject of extensive litigation before the Administrative Appeals Tribunal (AAT) and the Federal Court of Australia.

The bulk of the litigation centers on disputes over administrative decisions made under the "extended land use test." Key areas of dispute frequently brought before the tribunals include:

Interpretative disputes over "effective use": Pensioners challenging the Secretary's or Commission's refusal to grant an exemption for land over two hectares. Litigants frequently contest the weight given to the statutory factors in subsection (7), such as whether a property's lack of commercial viability due to terrain or zoning regulations constitutes "effective use" or whether caring responsibilities sufficiently diminished their capacity to use the land.
Continuous residency disputes: Cases where a pensioner's 20-year continuous residency is disrupted by temporary moves, hospitalisations, or periods living elsewhere, testing the limits of what constitutes "continuous" occupation of the principal home under subsection (4)(c).
The "same title" constraint: Disputes where properties are physically integrated but held across multiple historical titles, prompting appeals against administrative refusals to exercise the narrow amalgamation discretion under subsection (2).

Because the determinations under section 11A(2) and paragraph 11A(6)(b) are non-legislative, they do not carry a presumption of broad policy application, leaving individual fact-dependent appeals to be decided on their merits before the AAT.

Practitioners and self-directed applicants must watch out for several complex rules and potential traps within the text of the Act.

The Loss of Amenity Trap

Under section 11A(2) and section 5LA(2), the Secretary or Commission may treat land held on separate title documents as being on the same title if the alienation of one block without the other would "seriously undermine the function of the house as a dwelling." However, the statutory note explicitly states:

"A mere loss of amenity, such as the loss of a swimming pool, garden, tennis court or view, would not seriously undermine the function of a house as a dwelling."

This means that if a pensioner has their house on one title, and their garden, driveway, or swimming pool on an adjacent separate title, the value of the second title will be assessed under the assets test, potentially reducing their pension, because the loss of these features is legally classified as a mere loss of amenity rather than a structural failure of the dwelling.

The 20-Year Strict Threshold

The "extended land use test" under section 11A(4) and section 5LA(4) is unavailable to anyone who has not lived in the dwelling-house as their principal home for "20 years or more continuously." There is no administrative discretion to waive this period for individuals who have lived on a property for 18 or 19 years, or whose 20-year period was broken by a period of non-residency. This creates an abrupt asset-exposure risk for relatively long-term residents who fall just short of the 20-year mark.

The Seven-Day Limit for Domestic Violence Crisis Payments

The crisis payment under section 1061JHA requires the victim to make a claim within seven days after the day on which the family member left or was removed from the home. This is a strict statutory limitation period. If a victim, due to trauma, dislocation, or lack of information, delays making an application until eight days after the perpetrator's removal, the Secretary has no statutory discretion to extend the time limit, and the claim must be rejected.

Amalgamation Dates and Commercial Potential Scrutiny

Under section 11A(7)(j) and section 5LA(7)(j), the Secretary or Commission must examine when any amalgamation of multiple blocks occurred and whether the amalgamation reduced the potential for the land to produce personal income. If an applicant recently consolidated multiple titles to try and shield them under the 20-year principal home rule, the department is directed to look at the timing and economic effect of that amalgamation, which can result in a determination that the land is not being made "effective use" of.

Compliance with the Act requires proactive structuring of assets and strict adherence to administrative notification timelines.

Navigating the Same-Title Requirement

For properties under two hectares, landowners must ensure that the land is registered on a single certificate of title to meet the "private land use test" automatically.

If a property is spread over multiple titles, landowners should investigate whether their state’s land registry allows for a formal consolidation of titles.
If consolidation is not possible, landholders must prepare a detailed submission to Centrelink or the Department of Veterans' Affairs demonstrating that the house physically sits across the boundary lines of both blocks (s 11A(2)(a)), that the land has environmental or heritage protections (s 11A(2)(b)), or that the house cannot function as a dwelling if one block is sold (s 11A(2)(c)).

Satisfying the "Effective Use" Multi-Factor Assessment

When applying for an exemption for land over two hectares under the extended land use test, applicants must compile a comprehensive evidentiary portfolio addressing the factors in section 11A(7) or section 5LA(7). This portfolio should include:

Zoning and Land Use Certificates: Documentation from local councils demonstrating any environmental, agricultural, or zoning restrictions that prevent subdivision or commercial development.
Medical Reports: Evidence demonstrating that the pensioner's health or their partner’s health limits their physical capacity to work or commercially exploit the land.
Caring Responsibilities: Documentation proving that the pensioner is providing care to another person, which limits their commercial capacity.
Family Support Details: Evidence of any family members residing on the property who are receiving income support payments, or details of how the land is used to support family members (e.g., small-scale primary production that sustains family members).
Commercial Activity Records: If the land is used for agistment or hobby farming, records of any income generated, or professional agricultural assessments demonstrating that the land has no further commercial potential.

Claiming the Domestic Violence Crisis Payment

To comply with the strict qualification rules under section 1061JHA:

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Families, Community Services and Indigenous Affairs and Veterans’ Affairs Legislation Amendment (2006 Budget Measures) Act 2006

No. 156, 2006

An Act to amend the law relating to social security, veterans’ entitlements, family assistance, student assistance, aged care and child support, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Inclusion of land adjacent to a dwelling‑house in a principal home

Social Security Act 1991

Veterans’ Entitlements Act 1986

Schedule 3—Crisis payment

Social Security Act 1991

Schedule 4—Miscellaneous

Aged Care Act 1997

Child Support (Assessment) Act 1989

Child Support (Registration and Collection) Act 1988

Social Security (Administration) Act 1999

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Families, Community Services and Indigenous Affairs and Veterans’ Affairs Legislation Amendment (2006 Budget Measures) Act 2006

No. 156, 2006

An Act to amend the law relating to social security, veterans’ entitlements, family assistance, student assistance, aged care and child support, and for related purposes

[Assented to 8 December 2006]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Families, Community Services and Indigenous Affairs and Veterans’ Affairs Legislation Amendment (2006 Budget Measures) Act 2006.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1 Column 2 Column 3
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. 8 December 2006
1. Schedule 1 1 January 2007. 1 January 2007
1. Schedules 3 and 4 The day on which this Act receives the Royal Assent. 8 December 2006

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.

(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.

3 Schedule(s)

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.

Schedule 1—Inclusion of land adjacent to a dwelling‑house in a principal home

Social Security Act 1991

1 Subsection 4(6A) (note)

Omit “section 11”, substitute “sections 11 and 11A”.

2 Paragraph 8(8)(zn) (note 2)

Omit “11(6A) and (7)”, substitute “11A(8) and (9)”.

3 Subsection 11(1) (definition of principal home)

Omit “subsections (5) to (7)”, substitute “section 11A”.

4 Subsection 11(1) (definition of reasonable security of tenure)

Omit “subsection (8)”, substitute “subsection 11A(10)”.

5 Subsections 11(5) to (8)

Repeal the subsections.

6 After section 11

Insert:

11A Principal home definition for the purpose of the assets test

Principal home

(1) A reference in this Act to the principal home of a person includes a reference to:

(a) if the principal home is a dwelling‑house—the land adjacent to the dwelling‑house to the extent that:

(i) the land is held under the same title document as the land on which the dwelling‑house is located; and

(ii) the private land use test in subsection (3) is satisfied in relation to the land or, if the person is one to whom the extended land use test applies in relation to the land, the extended land use test in subsection (6) is satisfied in relation to the land; or

(b) if the principal home is a flat or home unit—a garage or storeroom that is used primarily for private or domestic purposes in association with the flat or home unit.

(2) The Secretary may determine that land is to be treated, for the purpose of subparagraph (1)(a)(i), as if it were held on the same title document as other land if any of the following apply:

(a) the dwelling‑house is located on both blocks of land;

(b) the dwelling‑house is located on one of the blocks of land but that block and the other block, taken together, are a place, or are part of a place, that is protected under a law of the Commonwealth, or of a State or Territory, because of its natural, historic or indigenous heritage;

(c) the alienation of one of the blocks of land without the other would seriously undermine the function of the house as a dwelling.

Note: A mere loss of amenity, such as the loss of a swimming pool, garden, tennis court or view, would not seriously undermine the function of a house as a dwelling.

Private land use test

(3) The private land use test is satisfied in relation to land if:

(a) the area of the land, together with the area of the ground floor of the dwelling‑house, is not more than 2 hectares; and

(b) the land is used primarily for private or domestic purposes in association with the dwelling‑house.

To whom does the extended land use test apply?

(4) The extended land use test applies to a person in relation to land adjacent to the dwelling‑house if:

(a) the person has reached pension age; and

(b) the person is qualified for an age pension or carer payment and that pension or payment is payable to the person; and

(5) Where a person (the first person) to whom the extended land use test applies in relation to land adjacent to the dwelling‑house in which the person lives is a member of a couple:

(a) the extended land use test applies to the first person’s partner (the second person); and

(b) the extended land use test continues to apply to the second person if the first person and the second person cease to be members of a couple for any reason, provided the dwelling‑house continues to be the second person’s principal home.

Extended land use test

(6) The extended land use test is satisfied in relation to land if:

(a) the area of the land, together with the area of the ground floor of the dwelling‑house, is more than 2 hectares; and

(b) the Secretary determines that, given the circumstances of the person to whom the test is applied in relation to the land, the person is making effective use of the land.

(7) In determining whether a person is making effective use of the land, the Secretary is to take into account the following matters:

(a) where the land is located;

(b) the size of the block of land;

(d) the person’s health;

(e) whether the land contains a dwelling‑house occupied by a family member of the person, or a child of a family member of the person, receiving an income support payment;

(f) whether the land is being used to support:

(i) a family member of the person; or

(ii) a child of a family member of the person;

(g) any current commercial use of the land;

(h) any potential commercial use of the land;

(i) whether the person’s capacity to make commercial use of the land is diminished because the person, or the person’s partner, has responsibility for the care of another person;

(j) whether the block of land is an amalgamation of 2 or more blocks and, if so:

(i) when the amalgamation occurred; and

(ii) whether the amalgamation reduced the potential for the land to produce personal income or to support the person;

(k) environmental issues relating to the land;

(l) any other matter that the Secretary considers relevant.

Effect of absences from principal home

(8) A residence of a person is taken to be the person’s principal home during:

(a) if the Secretary is satisfied that the residence was previously the person’s principal home but that the person left it for the purpose of going into a care situation—any period during which:

(i) the person is accruing a liability to pay an accommodation charge (or would be accruing such a liability, assuming that no sanctions under Part 4.4 of the Aged Care Act 1997 were currently being imposed on the provider of the care concerned); and

(ii) the person, or the person’s partner, is earning, deriving or receiving rent for the residence from another person; and

Note 1: For rent, see subsection 13(2).

Note 2: A person can be liable to pay an accommodation charge only if certain conditions are met: see Division 57A of the Aged Care Act 1997.

(b) if the Secretary is satisfied that the residence was previously the person’s principal home but that the person left it for the purpose of going into a care situation—any period during which:

(i) the person is liable to pay all or some of an accommodation bond by periodic payments (or would be liable to do so, assuming that no sanctions under Part 4.4 of the Aged Care Act 1997 were currently being imposed on the provider of the care concerned); and

(ii) the person, or the person’s partner, is earning, deriving or receiving rent for the residence from another person; and

(c) any period during which the residence is, because of paragraph (a) or (b), the principal home of the person’s partner.

Note: This subsection is not meant to imply that a person may have more than one principal home at the same time.

(9) A residence of a person is to be taken to continue to be the person’s principal home during:

(a) any period (not exceeding 12 months) during which the person is temporarily absent from the residence; and

(b) if the person is in a care situation or residential care—the period of 2 years beginning when the person started to be in a care situation or residential care; and

(i) the person is in a care situation or residential care; and

(ii) the residence is, or because of paragraph (a) or (b) continues to be, the principal home of the person’s partner; and

(d) if:

(i) the person is in a care situation or residential care; and

(ii) the person’s partner dies while in a care situation or residential care; and

(iii) the person’s partner had been in a care situation or residential care for less than 2 years;

the period of 2 years beginning at the time the person’s partner started to be in a care situation or residential care; and

(e) where:

(i) the person is in a care situation or residential care; and

(ii) the person’s partner dies while in a care situation or residential care;

the period of 2 years from the partner’s death; and

(f) any period of up to 2 years while the person is absent from the residence and is personally providing a substantial level of care in another private residence for another person who needs, or in the Secretary’s opinion is likely to need, that level of care in a private residence for at least 14 consecutive days.

Note: For in a care situation, see subsection 13(9); for in residential care see subsection 23(4CA).

Reasonable security of tenure

(10) If a person has a right or interest in the person’s principal home, the person is to be taken to have a right or interest that gives the person reasonable security of tenure in the home unless the Secretary is satisfied that the right or interest does not give the person reasonable security of tenure in the home.

Definition of title document

(11) In this section:

title document, in relation to land, means:

(a) in relation to land title which is registered under a Torrens system of registration—the certificate of title for the land; or

(b) in any other case—the last instrument by which title to the land was conveyed.

Application of Legislative Instruments Act 2003

(12) A determination under subsection (2) or paragraph (6)(b) is not a legislative instrument.

7 Subsections 12A(2A) and (2B)

Omit “the adjacent private land”, substitute “any adjacent area of land used primarily for private or domestic purposes in association with that dwelling‑house”.

8 Subsection 13(1) (note to definition of ineligible homeowner)

Omit “subsections 11(5) to (7)”, substitute “section 11A”.

9 Subparagraph 13(2)(a)(iii)

Omit “subsection 11(6A) or (7)”, substitute “subsection 11A(8) or (9)”.

10 Subsection 13(2) (note)

Omit “subsections 11(5) to (7)”, substitute “section 11A”.

11 Subsection 13(3A) (note)

Omit “subsection 11(6A) or (7)”, substitute “subsection 11A(8) or (9)”.

12 Subsection 13(3B) (note)

Omit “subsection 11(6A) or (7)”, substitute “subsection 11A(8) or (9)”.

13 Subsection 1118(1) (note 2)

Omit “subsections (5) to (7)”, substitute “section 11A”.

14 Subsection 1118(1) (note 3)

Omit “subsection 11(8)”, substitute “subsection 11A(10)”.

15 Subsection 1185C(2)

Omit “the adjacent private land” (wherever occurring), substitute “any adjacent area of land used primarily for private or domestic purposes in association with that dwelling‑house”.

16 Paragraphs 1185S(5)(b) and (d)

Omit “the adjacent private land”, substitute “any adjacent area of land used primarily for private or domestic purposes in association with that dwelling‑house”.

17 Paragraph 1208J(1)(a)

Omit “section 11”, substitute “sections 11 and 11A”.

18 Paragraph 1208X(a)

Omit “section 11”, substitute “sections 11 and 11A”.

19 Transitional arrangements—one title rule

(1) Section 11A of the Social Security Act 1991, inserted by item 6 of this Schedule, applies in relation to a person as if it did not include subparagraph 11A(1)(a)(i) in the cases set out in this item.

(2) The first case is where:

(a) the person is receiving a social security payment immediately before 1 January 2007; and

(b) that payment would cease to be payable to the person, or would be payable to the person at a lower rate, on 1 January 2007, if:

(i) subparagraph 11A(1)(a)(i) were applied; and

(ii) there were no determination in effect on that day under paragraph 11A(6)(b) of the Social Security Act 1991, inserted by item 6 of this Schedule, in relation to land adjacent to the dwelling‑house in which the person lived immediately before 1 January 2007; and

(d) the person does not cease to receive a social security payment.

(3) The second case is where:

(a) the person is receiving a social security payment immediately before 1 January 2007; and

(b) the payment has been paid at a particular rate immediately before 1 January 2007 because land adjacent to the dwelling‑house in which the person lived at that time was not included in the person’s principal home because it was not held on the same title document as the land on which the dwelling‑house was located; and

(d) the person does not cease to receive a social security payment.

20 Transitional arrangements—effective use test

(1) If:

(a) a person is receiving a social security payment immediately before 1 January 2007; and

(b) the person notifies the Secretary during the notification period of circumstances relevant to the determination by the Secretary under paragraph 11A(6)(b) of the Social Security Act 1991, inserted by item 6 of this Schedule, of whether the person is making effective use of land adjacent to the dwelling‑house in which the person lives; and

(c) the Secretary makes a determination under that paragraph that the person is making effective use of the land (the effective use determination); and

(d) the rate at which the payment is payable to the person increases as a result of the effective use determination; and

(e) a determination is made under section 78 of the Social Security (Administration) Act 1999 increasing the rate at which the payment is to be paid to the person because of the effective use determination;

the determination under section 78 of that Act takes effect on 1 January 2007 or, if a later day is specified in the determination, that later day.

(2) If:

(a) a person is not receiving a social security payment immediately before 1 January 2007; and

(b) the person makes a claim for a social security payment during the notification period; and

(c) the person notifies the Secretary (whether in the claim or otherwise) during the notification period of circumstances relevant to the determination by the Secretary under paragraph 11A(6)(b) of the Social Security Act 1991, inserted by item 6 of this Schedule, of whether the person is making effective use of land adjacent to the dwelling‑house in which the person lives; and

(d) the Secretary makes a determination under that paragraph that the person is making effective use of the land (the effective use determination);

then:

(e) the effective use determination takes effect on 1 January 2007 or, if a later day is specified in the determination, that later day; and

(f) the person’s start day in relation to the social security payment is the earlier of:

(i) the day on which the effective use determination takes effect; and

(ii) the day worked out in accordance with Schedule 2 to the Social Security (Administration) Act 1999 as the start day in relation to the payment.

(3) If:

(a) a person is not receiving a social security payment immediately before 1 January 2007; and

(b) the person makes a claim for a social security payment during the notification period; and

(i) the person is not qualified for the payment; or

(ii) the payment is not payable to the person; and

(d) the person was qualified for the payment, and the payment was payable to the person, during a period (the claim period) that fell before that day and within the notification period; and

(e) the extended land use test applied to the person under subsection 11A(4) or (5) of the Social Security Act 1991, inserted by item 6 of this Schedule, during all or part of the claim period; and

(f) the person notifies the Secretary (whether in the claim or otherwise) during the notification period of circumstances that would have been relevant, during all or part of the claim period, to a determination by the Secretary under paragraph 11A(6)(b) of the Social Security Act 1991, inserted by item 6 of this Schedule, of whether the person is making effective use of land adjacent to the dwelling‑house in which the person lives;

then:

(g) the Secretary may make a determination in relation to the claim period or a specified part of the claim period, that the person was making effective use of the land during the period or that part of the period, and that determination has effect in relation to the period or that part of the period as if it were a determination under paragraph 11A(6)(b) of the Social Security Act 1991; and

(h) the Secretary may grant the claim; and

(i) the person’s start day in relation to the social security payment is the first day of the claim period or the specified part of the claim period.

(4) The Secretary may determine in writing that a person is to be treated for the purposes of paragraph (1)(b) as if the person notified the Secretary within the notification period of the circumstances mentioned in that paragraph if:

(a) the person notifies the Secretary of those circumstances between 1 April 2007 and 30 June 2007 (inclusive); and

(b) the Secretary is satisfied that special circumstances apply in respect of the person.

(5) The Secretary may determine in writing that a person is to be treated:

(a) for the purposes of paragraph (2)(b) or (3)(b), as if the person had made a claim for a social security payment within the notification period; and

(b) for the purposes of paragraph (2)(c) or (3)(f), as if the person notified the Secretary within the notification period of the circumstances mentioned in that paragraph;

if:

(d) the person notifies the Secretary in relation to the circumstances between 1 April 2007 and 30 June 2007 (inclusive); and

(e) the Secretary is satisfied that special circumstances apply in respect of the person.

(6) In this item:

notification period means the period commencing on 1 January 2007 and ending on 31 March 2007.

Veterans’ Entitlements Act 1986

21 Section 5 (item relating to interest that gives reasonable security of tenure)

Repeal the item.

22 Section 5 (item relating to principal home)

Repeal the item, substitute:

principal home	5LA

23 Section 5

Insert:

reasonable security of tenure	5LA(10)

24 Subsection 5E(4A) (note)

Omit “section 5L”, substitute “sections 5L and 5LA”.

25 Paragraph 5H(8)(nc) (note 3)

Omit “subsections 5L(6A) and (7)”, substitute “subsections 5LA(8) and (9)”.

26 Subsection 5L(1) (definition of interest that gives reasonable security of tenure)

Repeal the definition.

27 Subsection 5L(1) (definition of principal home)

Omit “subsections (5) to (7)”, substitute “section 5LA”.

28 Subsection 5L(1)

Insert:

reasonable security of tenure has the meaning given by subsection 5LA(10).

29 Subsections 5L(5) to (8)

Repeal the subsections.

30 After section 5L

Insert:

5LA Principal home definition for the purpose of the assets test

Principal home

(1) A reference in this Act to the principal home of a person includes a reference to:

(a) if the principal home is a dwelling‑house—the land adjacent to the dwelling‑house to the extent that:

(i) the land is held on the same title document as the land on which the dwelling‑house is located; and

(b) if the principal home is a flat or home unit—a garage or storeroom that is used primarily for private or domestic purposes in association with the flat or home unit.

(2) The Commission may determine that land is to be treated, for the purpose of subparagraph (1)(a)(i), as if it were held on the same title document as other land if any of the following apply:

(a) the dwelling‑house is located on both blocks of land;

(c) the alienation of one of the blocks of land without the other would seriously undermine the function of the house as a dwelling.

Note: A mere loss of amenity, such as the loss of a swimming pool, garden, tennis court or view, would not seriously undermine the function of a house as a dwelling.

Private land use test

(3) The private land use test is satisfied in relation to land if:

(a) the area of land, together with the area of the ground floor of the dwelling‑house, is not more than 2 hectares; and

(b) the land is used primarily for private or domestic purposes in association with the dwelling‑house.

To whom does the extended land use test apply?

(4) The extended land use test applies to a person in relation to land adjacent to the dwelling‑house if:

(a) the person has reached the qualifying age; and

(b) the person is eligible to receive a service pension or income support supplement and that pension or supplement is payable to the person; and

Note: Paragraph (a)—for the qualifying age for a service pension and income support supplement, see subsection 45A(2).

(5) Where a person (the first person) to whom the extended land use test applies in relation to land adjacent to the dwelling‑house in which the person lives is a member of a couple:

(a) the extended land use test applies to the first person’s partner (the second person); and

Extended land use test

(6) The extended land use test is satisfied in relation to land if:

(a) the area of the land, together with the area of the ground floor of the dwelling‑house, is more than 2 hectares; and

(b) the Commission determines that, given the circumstances of the person to whom the test is applied in relation to the land, the person is making effective use of the land.

(7) In determining whether a person is making effective use of the land, the Commission is to take into account the following matters:

(a) where the land is located;

(b) the size of the block of land;

(d) the person’s health;

(e) whether the land contains a dwelling‑house occupied by a family member of the person, or a child of a family member of the person, receiving an income support payment (within the meaning of the Social Security Act 1991);

(f) whether the land is being used to support:

(i) a family member of the person; or

(ii) a child of a family member of the person;

(g) any current commercial use of the land;

(h) any potential commercial use of the land;

(i) whether the person’s capacity to make commercial use of the land is diminished because the person, or the person’s partner, has responsibility for the care of another person;

(j) whether the block of land is an amalgamation of 2 or more blocks and, if so:

(i) when the amalgamation occurred; and

(ii) whether the amalgamation reduced the potential for the land to produce personal income or to support the person;

(k) environmental issues relating to the land;

(l) any other matter that the Commission considers relevant.

Effect of absences from principal home

(8) A residence of a person is taken to be the person’s principal home during:

(a) if the Commission is satisfied that the residence was previously the person’s principal home but that the person left it for the purpose of going into a care situation or becoming an aged care resident—any period during which:

(ii) the person, or the person’s partner, is earning, deriving or receiving rent for the residence from another person; and

(b) if the Commission is satisfied that the residence was previously the person’s principal home but that the person left it for the purpose of going into a care situation or becoming an aged care resident—any period during which:

(ii) the person, or the person’s partner, is earning, deriving or receiving rent for the residence from another person; and

(c) any period during which the residence is, because of paragraph (a) or (b), the principal home of the person’s partner.

Note 1: Accommodation charge and accommodation bond have the same meaning as in the Aged Care Act 1997: see subsection 5L(1).

Note 2: For rent, see subsection 5N(2). For in a care situation, see subsection 5NC(2). For aged care resident, see subsection 5NC(5).

Note 3: This subsection is not meant to imply that a person may have more than one principal home at the same time.

Note 4: A person can be liable to pay an accommodation charge only if certain conditions are met: see Division 57A of the Aged Care Act 1997. For rules about accommodation bonds, see Division 57 of that Act.

(9) A residence of a person is to be taken to continue to be the person’s principal home during:

(a) any period (not exceeding 12 months) during which the person is temporarily absent from the residence; and

(b) if the person is in a care situation or is an aged care resident—the period of 2 years beginning when the person started to be in a care situation or an aged care resident; and

(i) the person is in a care situation or is an aged care resident; and

(ii) the residence is, or because of paragraph (a) or (b) continues to be, the principal home of the person’s partner or non‑illness separated spouse; and

(d) if:

(i) the person is in a care situation or is an aged care resident; and

(ii) while paragraph (c) applies, the person’s partner or non‑illness separated spouse dies while in a care situation or while an aged care resident; and

(iii) the person’s partner or non‑illness separated spouse had been in a care situation or an aged care resident for less than 2 years;

the period of 2 years beginning at the time the person’s partner or non‑illness separated spouse started to be in a care situation or an aged care resident; and

(e) where:

(i) the person is in a care situation or is an aged care resident; and

(ii) while paragraph (c) applies, the person’s partner or non‑illness separated spouse dies (but not while in a care situation or while an aged care resident);

the period of 2 years from that death; and

(f) any period of up to 2 years while the person is absent from the residence and is personally providing community‑based care for another person.

Note 1: For in a care situation, see subsection 5NC(2).

Note 2: For aged care resident, see subsection 5NC(5).

Reasonable security of tenure

(10) If a person has a right or interest in the person’s principal home, the person is to be taken to have a right or interest that gives the person reasonable security of tenure in the home unless the Commission is satisfied that the right or interest does not give the person reasonable security of tenure in the home.

Definition of title document

(11) In this section:

title document, in relation to land, means:

(a) in relation to land title which is registered under a Torrens system of registration—the certificate of title for the land; or

(b) in any other case—the last instrument by which title to the land was conveyed.

Application of Legislative Instruments Act 2003

(12) A determination under subsection (2) or paragraph (6)(b) is not a legislative instrument.

31 Subsection 5MA(2A)

Omit “the adjacent private land”, substitute “any adjacent area of land used primarily for private or domestic purposes in association with that dwelling‑house”.

32 Subsection 5MA(2B)

Omit “the adjacent private land”, substitute “any adjacent area of land used primarily for private or domestic purposes in association with that dwelling‑house”.

33 Subsection 5N(1) (definition of ineligible property owner) (note)

Omit “subsections 5L(5) to (7)”, substitute “section 5LA”.

34 Subparagraph 5N(2)(a)(iii)

Omit “subsection 5L(6A) or (7)”, substitute “subsection 5LA(8) or (9)”.

35 Subsection 5N(2) (note)

Omit “subsections 5L(5) to (7)”, substitute “section 5LA”.

36 Subsection 5N(3A) (note)

Omit “subsection 5L(6A) or (7)”, substitute “subsection 5LA(8) or (9)”.

37 Subsection 5N(3B) (note)

Omit “subsection 5L(6A) or (7)”, substitute “subsection 5LA(8) or (9)”.

38 Subsection 49B(2)

Omit “the adjacent private land” (wherever occurring), substitute “any adjacent area of land used primarily for private or domestic purposes in association with that dwelling‑house”.

39 Subsection 49R(5)

Omit “the adjacent private land” (wherever occurring), substitute “any adjacent area of land used primarily for private or domestic purposes in association with that dwelling‑house”.

40 Paragraph 52(1)(n) (note)

Omit “section 5L”, substitute “sections 5L and 5LA”.

41 Paragraph 52ZZV(1)(a)

Omit “section 5L”, substitute “sections 5L and 5LA”.

42 Paragraph 52ZZZI(a)

Omit “section 5L”, substitute “sections 5L and 5LA”.

43 Subclause 17A(2) of Schedule 5 (note 2)

Omit “subsections 5L(6A) and (7)”, substitute “subsections 5LA(8) and (9)”.

44 Transitional arrangements—one title rule

(1) Section 5LA of the Veterans’ Entitlements Act 1986, inserted by item 30 of this Schedule, applies in relation to a person as if it did not include subparagraph 5LA(1)(a)(i) in the cases set out in this item.

(2) The first case is where:

(a) the person is receiving a service pension or income support supplement immediately before 1 January 2007; and

(b) that payment would cease to be payable to the person, or would be payable to the person at a lower rate, on 1 January 2007, if:

(i) subparagraph 5LA(1)(a)(i) were applied; and

(ii) there were no determination in effect on that day under paragraph 5LA(6)(b) of the Veterans’ Entitlements Act 1986, inserted by item 30 of this Schedule, in relation to land adjacent to the dwelling‑house in which the person lived immediately before 1 January 2007; and

(d) the person does not cease to receive a service pension or income support supplement.

(3) The second case is where:

(a) the person is receiving a service pension or income support supplement immediately before 1 January 2007; and

(d) the person does not cease to receive a service pension or income support supplement.

45 Transitional arrangements—effective use test

(1) If:

(a) a person is receiving a service pension or income support supplement immediately before 1 January 2007; and

(b) the person notifies the Commission during the notification period of circumstances relevant to the determination by the Commission under paragraph 5LA(6)(b) of the Veterans’ Entitlements Act 1986, inserted by item 30 of this Schedule, of whether the person is making effective use of land adjacent to the dwelling‑house in which the person lives; and

(c) the Commission makes a determination under that paragraph that the person is making effective use of that land (the effective use determination); and

(d) the rate at which the pension or supplement is payable to the person increases as a result of the effective use determination; and

(e) a determination is made under section 56C of the Veterans’ Entitlements Act 1986 increasing the rate at which the pension or supplement is to be paid to the person because of the effective use determination;

the determination under section 56C of that Act has effect on 1 January 2007 or, if a later day is specified in the determination, that later day.

(2) If:

(a) a person is not receiving a service pension or income support supplement immediately before 1 January 2007; and

(b) the person makes a claim for a service pension or income support supplement during the notification period; and

(c) the person notifies the Commission (whether in the claim or otherwise) during the notification period of circumstances relevant to the determination by the Commission under paragraph 5LA(6)(b) of the Veterans’ Entitlements Act 1986, inserted by item 30 of this Schedule, of whether the person is making effective use of land adjacent to the dwelling‑house in which the person lives; and

(d) the Commission makes a determination under that paragraph that the person is making effective use of the land (the effective use determination);

then:

(e) the effective use determination takes effect on 1 January 2007 or, if a later day is specified in the determination, that later day; and

(f) if the service pension is an age service pension—the day on which the determination under section 36L of the Veterans’ Entitlements Act 1986 in relation to that pension takes effect is the earlier of:

(i) the day on which the determination would take effect under section 36M of that Act, but for this item; and

(ii) the day on which the effective use determination takes effect; and

(g) if the service pension is an invalidity service pension—the day on which the determination under section 37L of the Veterans’ Entitlements Act 1986 in relation to that pension takes effect is the earlier of:

(i) the day on which the determination would take effect under section 37M of that Act, but for this item; and

(ii) the day on which the effective use determination takes effect; and

(h) if the service pension is a partner service pension—the day on which the determination under section 38L of the Veterans’ Entitlements Act 1986 in relation to that pension takes effect is the earlier of:

(i) the day on which the determination would take effect under section 38M of that Act, but for this item; and

(ii) the day on which the effective use determination takes effect; and

(i) in relation to the income support supplement—the day on which the determination under section 45Q of the Veterans’ Entitlements Act 1986 in relation to the income support supplement takes effect is the earlier of:

(i) the day on which the determination would take effect under section 45R of that Act, but for this item; and

(ii) the day on which the effective use determination takes effect.

(3) If:

(a) a person is not receiving a service pension or income support supplement immediately before 1 January 2007; and

(b) the person makes a claim for a service pension or income support supplement during the notification period; and

(i) the person is not eligible to receive the pension or supplement; or

(ii) the pension or supplement is not payable to the person; and

(d) the person was eligible to receive the pension or supplement, and the pension or supplement was payable to the person, during a period (the claim period) that fell before that day and within the notification period; and

(e) the extended land use test applied to the person under subsection 5LA(4) or (5) of the Veterans’ Entitlements Act 1986, inserted by item 30 of this Schedule, during all or part of the claim period; and

(f) the person notifies the Commission (whether in the claim or otherwise) during the notification period of circumstances that would have been relevant, during all or part of the claim period, to a determination by the Commission under paragraph 5LA(6)(b) of the Veterans’ Entitlements Act 1986, inserted by item 30 of this Schedule, of whether the person is making effective use of land adjacent to the dwelling‑house in which the person lives;

then:

(g) the Commission may make a determination in relation to the claim period or a specified part of the claim period, that the person was making effective use of the land during the period or that part of the period, and that determination has effect in relation to the period or that part of the period as if it were a determination under paragraph 5LA(6)(b) of the Veterans’ Entitlements Act 1986; and

(h) the Commission may make a determination granting the claim; and

(i) the day on which the determination under section 36L, 37L, 38L or 45Q of the Veterans’ Entitlements Act 1986 takes effect (despite sections 36M, 37M, 38M and 45R of that Act) is the first day of the claim period or the specified part of the claim period.

(4) The Commission may determine in writing that a person is to be treated for the purposes of paragraph (1)(b) as if the person notified the Commission within the notification period of the circumstances mentioned in that paragraph if:

(a) the person notifies the Commission of those circumstances between 1 April 2007 and 30 June 2007 (inclusive); and

(b) the Commission is satisfied that special circumstances apply in respect of the person.

(5) The Commission may determine in writing that a person is to be treated:

(a) for the purposes of paragraph (2)(b) or (3)(b), as if the person had made a claim for a service pension or income support supplement within the notification period; and

(b) for the purposes of paragraph (2)(c) or (3)(f), as if the person notified the Commission within the notification period of the circumstances mentioned in that paragraph; and

if:

(d) the person notifies the Commission in relation to the circumstances between 1 April 2007 and 30 June 2007 (inclusive); and

(e) the Commission is satisfied that special circumstances apply in respect of the person.

(6) In this item:

notification period means the period commencing on 1 January 2007 and ending on 31 March 2007.

Schedule 3—Crisis payment

Social Security Act 1991

1 Subsection 19D(1)

Omit “and 1061JH”, substitute “, 1061JH and 1061JHA”.

2 Paragraph 1061JH(1)(g)

Repeal the paragraph, substitute:

(g) during the 12 months immediately preceding the day on which the claim is made, no more than 3 crisis payments have been payable to the person based on:

(i) the qualifications set out in this section; or

(ii) the qualifications set out in section 1061JHA (remaining in home after removal of family member due to domestic or family violence).

3 After section 1061JH

Insert:

1061JHA Qualification—remaining in home after removal of family member due to domestic or family violence

(1) A person is qualified for a crisis payment if:

(a) the person has been subjected to domestic or family violence, in Australia, by a family member of the person; and

(b) at the time of the domestic or family violence the person was living with that family member; and

(d) the person remains living in the person’s home after the family member leaves or is removed; and

(e) the person’s home is in Australia; and

(f) the person makes a claim for a crisis payment within 7 days after the day on which the family member left or was removed; and

(g) on the day on which the claim is made:

(i) the person is in severe financial hardship (see section 19D); and

(ii) the person has made a claim (whether on the same day or on an earlier day) for a social security pension or benefit and the person is qualified for the pension or benefit; and

(h) during the 12 months immediately preceding the day on which the claim is made, no more than 3 crisis payments have been payable to the person based on:

(i) the qualifications set out in this section; or

(ii) the qualifications set out in section 1061JH (extreme circumstances forcing departure from home).

Note: For family member see subsection 23(14).

(2) A person is not qualified for a crisis payment if the Secretary is satisfied that the family member left the person’s home with a view to the person obtaining a crisis payment.

4 Paragraph 1061JL(2)(b)

After “section 1061JH”, insert “or 1061JHA”.

5 Application

The amendments made by this Schedule apply in respect of domestic or family violence to which a person is subjected by a family member of the person where the family member leaves, or is removed from, the person’s home on or after 1 January 2007.

Schedule 4—Miscellaneous

Aged Care Act 1997

1 After paragraph 86‑3(c)

Insert:

(ca) to the Chief Executive Officer of Centrelink for the purpose of administering the social security law (within the meaning of the Social Security Act 1991); and

(cb) to the Secretary of the Department dealing with matters relating to the social security law (within the meaning of the Social Security Act 1991), for the purpose of administering that law; and

2 Clause 1 of Schedule 1

Insert:

Centrelink means the Commonwealth Services Delivery Agency.

Child Support (Assessment) Act 1989

3 After paragraph 150(3)(ba)

Insert:

(bb) to the Chief Executive Officer or an employee of Medicare Australia for the purposes of the performance of functions or the exercise of powers under the Medicare Australia Act 1973; or

Child Support (Registration and Collection) Act 1988

4 After paragraph 16(3)(ba)

Insert:

(bb) to the Chief Executive Officer or an employee of Medicare Australia for the purposes of the performance of functions or the exercise of powers under the Medicare Australia Act 1973; or

Social Security (Administration) Act 1999

5 After paragraph 195(2)(h)

Insert:

(ha) in relation to any legal or equitable estate or interest in real property held by the person:

(i) the name of the owner of the property;

(ii) the address of the property;

(iii) the details of the title documents for the property;

[Minister’s second reading speech made in—

House of Representatives on 14 September 2006

Senate on 11 October 2006]

(127/06)

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Families, Community Services and Indigenous Affairs and Veterans’ Affairs Legislation Amendment (2006 Budget Measures) Act 2006

No. 156, 2006

An Act to amend the law relating to social security, veterans’ entitlements, family assistance, student assistance, aged care and child support, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Inclusion of land adjacent to a dwelling‑house in a principal home

Social Security Act 1991

Veterans’ Entitlements Act 1986

Schedule 3—Crisis payment

Social Security Act 1991

Schedule 4—Miscellaneous

Aged Care Act 1997

Child Support (Assessment) Act 1989

Child Support (Registration and Collection) Act 1988

Social Security (Administration) Act 1999

Families, Community Services and Indigenous Affairs and Veterans’ Affairs Legislation Amendment (2006 Budget Measures) Act 2006

No. 156, 2006

An Act to amend the law relating to social security, veterans’ entitlements, family assistance, student assistance, aged care and child support, and for related purposes

[Assented to 8 December 2006]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Families, Community Services and Indigenous Affairs and Veterans’ Affairs Legislation Amendment (2006 Budget Measures) Act 2006.

2 Commencement

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. 8 December 2006
1. Schedule 1 1 January 2007. 1 January 2007
1. Schedules 3 and 4 The day on which this Act receives the Royal Assent. 8 December 2006