Post by Banjo on Dec 16, 2010 8:39:09 GMT 7
This actually changes to the Social Security Handbook, published by Welfare Rights.
December 2010 Update Bulletin
Bulletin # 32
Overview of changes – September 2010 to December 2010
This Update Bulletin sets out the major changes to Social Security legislation, Family Assistance legislation and policy guidelines that came into effect between September 2010 and December 2010. These changes include:
• changes to Centrelink policy regarding automatic referral to the Director of Public Prosecutions;
• changes to Centrelink policy regarding early claims for Family Assistance payments;
• the introduction of a “Connecting people with jobs” relocation trial and 12 week non-payment period;
• reduction in the age for independent Youth Allowance;
• registration of relationships in New South Wales;
• the commencement of a new Social Security agreement with Poland and the signing of a new Social Security agreement with the Slovak Republic; and,
• changes to the Social Security rates and means tests.
This Bulletin also draws attention to significant amendments to the Handbook Online since the last Update. A number of sections of the Handbook have been substantially revised, including Part 17 of the Handbook concerning income testing, and Chapter 27 concerning Age Pension.
Following enquiries our Centre has received from other community organisations, we have also incorporated more information to the Handbook concerning:
• the impact of receipt of Victims Compensation on a person’s Social Security payments;
• the impact of lump sum compensation on a partner’s Social Security payments;
• the receipt of Rent Assistance by sub-tenants in public housing;
• a sample letter to a doctor in relation to qualification for Disability Support Pension;
• the relationship between bankruptcy and Social Security debts; and
• whether interest may be charged on Social Security debts.
Summary of the main changes to Social Security law since September 2010
Prosecution policy on automatic referral to DPP
Centrelink previously automatically referred debts detected through data-matched income details of over $5,000 to the Director of Public Prosecutions for consideration of prosecution. According to revised policy, debts which have been detected through data-matched income details of over $10,000 will now be referred to the Director of Public Prosecutions automatically. For details about the decision to prosecute, see Chapter 44.
Early claims for Family Assistance
Claims for Family Tax Benefit by instalment, Baby Bonus and Maternity Immunisation Allowance may now be made up to 97 days before the expected date of birth of a child, or the day a child is expected to enter a person’s care. For information about the claim processes for these payments, see Chapters 32 and 34.
“Connecting people with jobs” relocation program trial and 12 week non-payment period
On 1 January 2011 a “connecting people with jobs” trial will commence. Under the trial relocation assistance is offered for a person to take up an identified on-going full time job. Reimbursement of up to $6,000 for actual expenses incurred relocating ($3,000 for relocation to metropolitan areas) will be available. A person with a dependent child can receive an additional $3,000. To be eligible, a person must have been unemployed for more than 12 months and come from an area with an unemployment rate higher than the national unemployment rate.
Where a person receives relocation assistance and subsequently leaves their position within six months of starting without a reasonable excuse, a new non-payment period of 12 weeks will apply. Any person having a 12 week non-payment period imposed in these circumstances may need assistance in providing more information to Centrelink through the appeal process to explain the circumstances under which they left employment.
At the time of publication, the legislation necessary to give effect this 12 week non-payment period had not passed. The Centre continues to monitor the legislation which remains before Parliament.
For details about other non-payment periods and penalties generally, see Chapter 22.
Abolition of the Job Capacity Assessment program
On 1 July 2011 streamlined assessments for people with disabilities and disadvantaged jobseekers will be introduced and the current Job Capacity Assessment program will cease to operate. Since July 2010 applications for exemptions from participation requirements have ceased to involve Job Capacity Assessments, but have instead involved in-house advice from Centrelink’s Health Professional Advice Unit.
After 1 July 2011, all employment services referral and income support assessments will be completed by Centrelink, with assistance from the Commonwealth Rehabilitation Service. Assessors will be allied health and health professionals.
Information in relation to seeking exemptions from the activity test on the basis of incapacity can be found in the chapter relevant to a person’s payment type: Newstart Allowance or Youth Allowance (unemployed) (17), Parenting Payment (18) or Special Benefit (19).
New Zealanders in Australia for 10 years since 26/2/01 – 6 months of payments
From 26 February 2011 a one-off payment period of six months of either Newstart, Youth Allowance or Sickness Allowance will become available to some New Zealanders who have been in Australia for 10 years.
To be eligible, a person needs to be a New Zealand citizen who arrived in Australia on a New Zealand passport on or after 26 February 2001, and also to have been in Australia continuously for 10 years.
For details of the rules that apply to people from New Zealand generally, see Chapter 12 at 2.7.
Reduction in the age for independent Youth Allowance
From 1 January 2011 the age of independence for Youth Allowance will reduce from 24 to 23 years. On 1 January 2012 it will reduce further to 22 years.
Details of the qualification criteria for independent status generally are found in Chapter 15 at 7.4.
Registration of relationships in NSW
Since 1 July 2010 it has been possible to register relationships, regardless of sex, with the NSW Relationships Register. A consequence of registration for a person in receipt of Social Security payments is that once a relationship has been registered under State or Territory law, and the person is not claiming to be separated, or living “separately and apart”, there will be no scrutiny by Centrelink of the nature of the relationship and they will be deemed by Centrelink to be in a de facto relationship.
More information about the decision to regard someone as a member of a couple, including the current states and territories where registration is possible, can be found in Chapter 13.
New International Agreements
A new International Agreement between Australia and Poland commenced on 1 October 2010. A new International Agreement between Australia and the Slovak Republic was signed on 21 September 2010 but is not yet in force.
For more information about Social Security Agreements with other countries, see Chapter 47.
Changes to Social Security rates and means tests
There were a number of changes to rates and means tests effective 1 January 2011 including changes to:
• fortnightly Youth Allowance, Austudy and Youth Disability Support Pension amounts;
• the rate of Carer Allowance, Mobility Allowance, Double Orphan Pension and Youth Disability Supplement;
• Youth Allowance and Austudy personal income disqualifying limits;
• the parental income test for Youth Allowance;
• Family Asset limits for Youth Allowance;
• student start-up scholarship and relocation scholarship amounts;
• the amount of equity and merit-based scholarships exempt from means testing;
• Care receiver income and asset limits for Carer Payment;
• Permissible child earning for a dependent child for Social Security (not Family Assistance) purposes; and
• the minimum child support payable.
These changes are found throughout the Handbook. Tables showing the new income thresholds and limits can be found in Chapters 39 and 41. Chapter 15 details many of the increased rates and thresholds for students.
Next Update
The next Update will be published in March 2011.
Special acknowledgements
The publication of the Independent Social Security Handbook ONLINE and each quarterly update would not be possible without the knowledge, commitment and contributions of the staff of the Welfare Rights Centre, Sydney. Whilst the bulk of the research and drafting work is completed by the Handbook Researcher, Katie Wrigley, the Centre’s staff – Jackie Finlay, Lee Hansen, Cass Wong, Carolyn Odgers, Amie Meers, Jo Kwan, and Gerard Thomas, make invaluable contributions to the content of Updates. The Centre’s Administrator, Catalina Loyola, is responsible for design and production of the publication.
Maree O’Halloran
Editor
The Independent Social Security Handbook
Director, Welfare Rights Centre, Sydney
ISBN 1 86403 125 5
Copyright © 2001 Welfare Rights Centre Ltd, Sydney
www.welfarerights.org.au
December 2010 Update Bulletin
Bulletin # 32
Overview of changes – September 2010 to December 2010
This Update Bulletin sets out the major changes to Social Security legislation, Family Assistance legislation and policy guidelines that came into effect between September 2010 and December 2010. These changes include:
• changes to Centrelink policy regarding automatic referral to the Director of Public Prosecutions;
• changes to Centrelink policy regarding early claims for Family Assistance payments;
• the introduction of a “Connecting people with jobs” relocation trial and 12 week non-payment period;
• reduction in the age for independent Youth Allowance;
• registration of relationships in New South Wales;
• the commencement of a new Social Security agreement with Poland and the signing of a new Social Security agreement with the Slovak Republic; and,
• changes to the Social Security rates and means tests.
This Bulletin also draws attention to significant amendments to the Handbook Online since the last Update. A number of sections of the Handbook have been substantially revised, including Part 17 of the Handbook concerning income testing, and Chapter 27 concerning Age Pension.
Following enquiries our Centre has received from other community organisations, we have also incorporated more information to the Handbook concerning:
• the impact of receipt of Victims Compensation on a person’s Social Security payments;
• the impact of lump sum compensation on a partner’s Social Security payments;
• the receipt of Rent Assistance by sub-tenants in public housing;
• a sample letter to a doctor in relation to qualification for Disability Support Pension;
• the relationship between bankruptcy and Social Security debts; and
• whether interest may be charged on Social Security debts.
Summary of the main changes to Social Security law since September 2010
Prosecution policy on automatic referral to DPP
Centrelink previously automatically referred debts detected through data-matched income details of over $5,000 to the Director of Public Prosecutions for consideration of prosecution. According to revised policy, debts which have been detected through data-matched income details of over $10,000 will now be referred to the Director of Public Prosecutions automatically. For details about the decision to prosecute, see Chapter 44.
Early claims for Family Assistance
Claims for Family Tax Benefit by instalment, Baby Bonus and Maternity Immunisation Allowance may now be made up to 97 days before the expected date of birth of a child, or the day a child is expected to enter a person’s care. For information about the claim processes for these payments, see Chapters 32 and 34.
“Connecting people with jobs” relocation program trial and 12 week non-payment period
On 1 January 2011 a “connecting people with jobs” trial will commence. Under the trial relocation assistance is offered for a person to take up an identified on-going full time job. Reimbursement of up to $6,000 for actual expenses incurred relocating ($3,000 for relocation to metropolitan areas) will be available. A person with a dependent child can receive an additional $3,000. To be eligible, a person must have been unemployed for more than 12 months and come from an area with an unemployment rate higher than the national unemployment rate.
Where a person receives relocation assistance and subsequently leaves their position within six months of starting without a reasonable excuse, a new non-payment period of 12 weeks will apply. Any person having a 12 week non-payment period imposed in these circumstances may need assistance in providing more information to Centrelink through the appeal process to explain the circumstances under which they left employment.
At the time of publication, the legislation necessary to give effect this 12 week non-payment period had not passed. The Centre continues to monitor the legislation which remains before Parliament.
For details about other non-payment periods and penalties generally, see Chapter 22.
Abolition of the Job Capacity Assessment program
On 1 July 2011 streamlined assessments for people with disabilities and disadvantaged jobseekers will be introduced and the current Job Capacity Assessment program will cease to operate. Since July 2010 applications for exemptions from participation requirements have ceased to involve Job Capacity Assessments, but have instead involved in-house advice from Centrelink’s Health Professional Advice Unit.
After 1 July 2011, all employment services referral and income support assessments will be completed by Centrelink, with assistance from the Commonwealth Rehabilitation Service. Assessors will be allied health and health professionals.
Information in relation to seeking exemptions from the activity test on the basis of incapacity can be found in the chapter relevant to a person’s payment type: Newstart Allowance or Youth Allowance (unemployed) (17), Parenting Payment (18) or Special Benefit (19).
New Zealanders in Australia for 10 years since 26/2/01 – 6 months of payments
From 26 February 2011 a one-off payment period of six months of either Newstart, Youth Allowance or Sickness Allowance will become available to some New Zealanders who have been in Australia for 10 years.
To be eligible, a person needs to be a New Zealand citizen who arrived in Australia on a New Zealand passport on or after 26 February 2001, and also to have been in Australia continuously for 10 years.
For details of the rules that apply to people from New Zealand generally, see Chapter 12 at 2.7.
Reduction in the age for independent Youth Allowance
From 1 January 2011 the age of independence for Youth Allowance will reduce from 24 to 23 years. On 1 January 2012 it will reduce further to 22 years.
Details of the qualification criteria for independent status generally are found in Chapter 15 at 7.4.
Registration of relationships in NSW
Since 1 July 2010 it has been possible to register relationships, regardless of sex, with the NSW Relationships Register. A consequence of registration for a person in receipt of Social Security payments is that once a relationship has been registered under State or Territory law, and the person is not claiming to be separated, or living “separately and apart”, there will be no scrutiny by Centrelink of the nature of the relationship and they will be deemed by Centrelink to be in a de facto relationship.
More information about the decision to regard someone as a member of a couple, including the current states and territories where registration is possible, can be found in Chapter 13.
New International Agreements
A new International Agreement between Australia and Poland commenced on 1 October 2010. A new International Agreement between Australia and the Slovak Republic was signed on 21 September 2010 but is not yet in force.
For more information about Social Security Agreements with other countries, see Chapter 47.
Changes to Social Security rates and means tests
There were a number of changes to rates and means tests effective 1 January 2011 including changes to:
• fortnightly Youth Allowance, Austudy and Youth Disability Support Pension amounts;
• the rate of Carer Allowance, Mobility Allowance, Double Orphan Pension and Youth Disability Supplement;
• Youth Allowance and Austudy personal income disqualifying limits;
• the parental income test for Youth Allowance;
• Family Asset limits for Youth Allowance;
• student start-up scholarship and relocation scholarship amounts;
• the amount of equity and merit-based scholarships exempt from means testing;
• Care receiver income and asset limits for Carer Payment;
• Permissible child earning for a dependent child for Social Security (not Family Assistance) purposes; and
• the minimum child support payable.
These changes are found throughout the Handbook. Tables showing the new income thresholds and limits can be found in Chapters 39 and 41. Chapter 15 details many of the increased rates and thresholds for students.
Next Update
The next Update will be published in March 2011.
Special acknowledgements
The publication of the Independent Social Security Handbook ONLINE and each quarterly update would not be possible without the knowledge, commitment and contributions of the staff of the Welfare Rights Centre, Sydney. Whilst the bulk of the research and drafting work is completed by the Handbook Researcher, Katie Wrigley, the Centre’s staff – Jackie Finlay, Lee Hansen, Cass Wong, Carolyn Odgers, Amie Meers, Jo Kwan, and Gerard Thomas, make invaluable contributions to the content of Updates. The Centre’s Administrator, Catalina Loyola, is responsible for design and production of the publication.
Maree O’Halloran
Editor
The Independent Social Security Handbook
Director, Welfare Rights Centre, Sydney
ISBN 1 86403 125 5
Copyright © 2001 Welfare Rights Centre Ltd, Sydney
www.welfarerights.org.au