Child Support (Pass On) Acts Amendment Bill

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Hon Carmel Sepuloni

Child Support (Pass On) Acts Amendment Bill

Government Bill

241—1

	Explanatory note
1	Title
2	Commencement
	Part 1 Amendments to child support legislation
	Subpart 1—Amendments to Child Support Act 1991
	Principal Act
3	Principal Act
	Definitions
4	Section 2 amended (Interpretation)
	Liability to pay child support under formula assessment
5	Section 9 replaced
	9	UCB beneficiaries must apply for formula assessment
6	Section 12 amended (Deemed application by beneficiary)
7	Section 27 amended (Election by receiving carer to end formula assessment)
	Amount of child support payable under formula assessment made by Commissioner
8	Section 35A amended (Living allowance)
	Voluntary agreements
9	Section 50 amended (Exception where payee is social security beneficiary)
	Exemptions
10	Section 89B amended (Definitions for this Part)
	Departure from formula assessment of child support initiated by Commissioner
11	Section 96Y amended (Election by receiving carer or by liable parent to become party or discontinue proceedings)
	Jurisdiction of courts in relation to child support and domestic maintenance
12	Section 122 replaced (Social security beneficiary to be compellable witness against liable parent)
	122	UCB beneficiary is compellable witness against liable parent
	Collection of financial support
13	Section 131 amended (Social security beneficiaries to pay financial support by automatic deduction)
	Payment of financial support
14	Sections 141 to 143 replaced
	141	Payment to receiving carers who are not UCB beneficiaries
	142	Payment of formula assessment child support to receiving carers who are UCB beneficiaries
	143	Payment of voluntary agreement child support to receiving carers who are UCB beneficiaries
15	Section 152B amended (Offsetting child support payments)
	Enforcement provisions
16	Section 179A amended (Waiver of right to payment)
17	Section 180 amended (Payee may uplift financial support debt)
18	Section 180A amended (Commissioner may write off benefit component of child support debt if receiving carer was social security beneficiary and recovery would cause serious hardship or be inefficient use of Commissioner’s resources)
	Application, transitional, and savings provisions
19	Schedule 1 amended
	Subpart 2—Amendments to Child Support Rules 1992
20	Principal rules
21	Rule 13 amended (Affidavit to accompany certain applications)
22	Rule 19 revoked (Declaration of financial means)
23	Schedule 1 amended
	Subpart 3—Amendments to Family Court Rules 2002
24	Principal rules
25	Rule 21 amended (Special rules relating to affidavits)
26	Rule 258 amended (Affidavits in support to be filed to make certain applications on notice)
27	Rule 260 revoked (Affidavit of financial means and their sources to be filed to make application under section 116 of Act)
28	Schedule 3 amended
	Part 2 Amendments to other legislation
	Subpart 1—Amendments to Social Security Act 2018
	Principal Act
29	Principal Act
	Obligations
30	Section 113 amended (Beneficiary must notify change of circumstances)
	Administration
31	Section 296 amended (What this Part does)
32	Section 304 amended (Review of entitlement and rate payable)
33	New section 304A inserted (Grounds for review of whether person’s information share child support payment is or was their weekly income)
	304A	Grounds for review of whether person’s information share child support payment is or was their weekly income
34	New subpart 5A of Part 6 inserted
		Subpart 5A—Use of automated electronic systems in respect of information share child support payments
	363A	Use of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions
	363B	Publication of details of arrangements for use of automated electronic systems
	363C	Variation and substitution of decisions made by automated electronic systems
	363D	Appeals and reviews unaffected
	Other provisions
35	Section 418 amended (Regulations: general)
	Transitional, savings, and related provisions
36	Schedule 1 amended
	Dictionary
37	Schedule 2 amended
	Income and liabilities
38	Schedule 3, clause 1 amended (What this schedule does)
39	Schedule 3, new clause 7A inserted (Overview of how child support may be income)
	7A	Overview of how child support may be income
40	Schedule 3, clause 8 amended (Income excludes specified benefits, etc)
41	Schedule 3, Part 3 heading amended
	General provisions on calculation of income
42	Schedule 3, clause 11 amended (Interpretation)
43	Schedule 3, clause 12 amended (How annual income calculated)
44	Schedule 3, clause 13 amended (How weekly income calculated)
45	Schedule 3, clause 15 amended (Rules on how MSD determines income of people engaged in business or trade)
	Special provisions on calculation of weekly income that is information share child support payment
46	New Part 3A of Schedule 3 inserted
		Part 3A Special provisions on calculation of weekly income that is information share child support payment
		How payment is charged as weekly income
	15A	How payment is charged as weekly income
		Definitions
	15B	Interpretation
		Receipt
	15C	Deemed receipt: general rule
	15D	Deemed receipt: exception
		Payment charged as income: general rules
	15E	When income charging starts: general rule
	15F	When income charging ends: general rule
		Exceptions
	15G	Terminal benefit
	15H	Transfer to new benefit paid in different instalments
	Deprivation of income or property
47	Schedule 3, clause 16 amended (Effect of deprivation of income or property)
48	Schedule 3, clause 17 amended (Rules on how MSD determines deprivation of income or property)
	Rates of benefits: abatement rates and income limits for youth payment and young parent payment
49	Schedule 4, Part 6 amended
	Subpart 2—Amendments to Social Security Regulations 2018
	Principal regulations
50	Principal regulations
	Childcare assistance
51	Regulation 20 amended (Interpretation)
	Temporary additional support
52	Regulation 69 amended (Chargeable income)
53	Regulation 71 amended (Allowable costs)
	Benefit stand down
54	Regulation 182 amended (Period of benefit stand down: interpretation)
	Recovery of debt
55	Regulation 207 amended (Exceptions to duty to recover debts)
56	New regulations 208A and 208B inserted
	208A	Debts caused by disruption to automated electronic system
	208B	Debts caused by specified errors identified through information share child support payment reviews
	Transitional, savings, and related provisions
57	Schedule 1 amended
	Cash assets and income exemptions
58	Schedule 8, clause 1 amended (Cash assets exemptions (for accommodation supplement))
59	Schedule 8, clause 2 amended (Cash assets exemptions (for temporary additional support))
60	Schedule 8, clause 4 amended (Income exemptions (for purposes of Act))
61	New Parts 34 and 35 of Schedule 8 inserted
	Subpart 3—Amendments to Public and Community Housing Management Act 1992
	Principal Act
62	Principal Act
	Definitions
63	Section 2 amended (Interpretation)
	Deprivation of income, property, or both
64	Section 112 amended (Assessable income may be adjusted in certain cases)
	Calculation mechanism: repeal of spent provisions
65	Schedule 2 repealed
	Transitional, savings, and related provisions
66	Schedule 4 amended
	Subpart 4—Amendments to Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018
	Principal regulations
67	Principal regulations
	Exclusions from weekly income for calculation mechanism for income-related rents
68	Regulation 14 amended (Certain payments not to be income)
	Transitional, savings, and related provisions
69	Schedule amended
	Schedule Transitional, savings, and related provisions

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Child Support (Pass On) Acts Amendment Bill

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