Janet Rice (Victoria, Australian Greens) Share this | Hansard source

In respect of the Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Bill 2023, I seek leave to move Greens amendment (4) and requests for amendments (1), (2), (3) and (5) on sheet 2199 together.

Leave granted.

I move:

(4) Page 20 (after line 21), at the end of the Bill, add:

Schedule 6 — Removal of program of support

Social Security Act 1991

1 Paragraph 94( 2)( aa)

Repeal the paragraph.

2 Subsections 94(3A), (3C), (3D) and (3E)

Repeal the subsections.

3 After paragraph 94(5)(a)

Insert:

(ab) a person participates in voluntarily; and

4 Sections 94A to 94F

Repeal the sections.

and:

That the House of Representatives be requested to make the following amendments:

(1) Clause 2, page 2 (table item 2), omit "3", substitute "7".

(2) Page 20 (after line 21), at the end of the Bill, add:

Schedule 4 — Increases to maximum basic rates of various payments

Part 1 — Age pension, carer payment and disability support pension

Social Security Act 1991

1 Point 1064-B1 (table B)

Repeal the table, substitute:

2 Point 1065-B1 (table B)

Repeal the table, substitute:

Part 2 — Disability support pension (under 21)

Social Security Act 1991

3 Point 1066A-B1 (table B)

Repeal the table (not including the notes), substitute:

4 Point 1066B-B1 (table B)

Repeal the table (not including the notes), substitute:

Part 3 — Application of amendments

5 Application of amendments

(1) The amendments of the Social Security Act 1991 made by this Schedule apply in relation to working out the rate of a person's disability support pension, age pension or carer payment for days occurring on or after the day this item commences.

(2) For the purposes of indexing an amount:

(a) specified in a table of the Social Security Act 1991 as substituted by an item of this Schedule; and

(b) on the first indexation day for the amount that occurs after the day this item commences;

the current figure for the amount immediately before that first indexation day is taken to be that specified amount.

(3) Page 20 (after line 21), at the end of the Bill, add:

Schedule 5 — Increase to income free area for disability support pension

Part 1 — Disability support pension (under 21)

Social Security Act 1991

1 Point 1066A-F3 (table item 1, column 3)

Omit "$2,184", substitute "$7,800".

2 Point 1066A-F3 (table item 1, column 4)

Omit "$80", substitute "$300".

3 Point 1066A-F3 (table item 2, column 3)

Omit "$1,924", substitute "$7,800".

4 Point 1066A-F3 (table item 2, column 4)

Omit "$70", substitute "$300".

5 Point 1066A-F3 (table item 3, column 3)

Omit "$1,924", substitute "$7,800".

6 Point 1066A-F3 (table item 3, column 4)

Omit "$70", substitute "$300".

7 Point 1066A-F3 (table item 4, column 3)

Omit "$1,924", substitute "$7,800".

8 Point 1066A-F3 (table item 4, column 4)

Omit "$70", substitute "$300".

Part 2 — Application of amendments

9 Application of amendments

(1) The amendments of the Social Security Act 1991 made by this Schedule apply in relation to working out the following the rate of a person's disability support pension in respect of days occurring on or after the day this item commences.

(2) For the purposes of indexing an amount:

(a) specified in the table in point 1066A-F3 of the Social Security Act 1991, as amended by this Schedule; or

(b) on the first indexation day for the amount that occurs after the day this item commences;

the current figure for the amount immediately before that first indexation day is taken to be that specified amount.

(5) Page 20 (after line 21), at the end of the Bill, add:

Schedule 7 — Changes to the rules for applying the Impairment Tables

Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2023

1 Subsection 8(3)

Repeal the subsection, substitute:

(3) An impairment rating can only be assigned to an impairment if the condition and the resulting impairment is more likely than not, in light of available evidence, to persist for more than 2 years.

2 Subsections 8(4) to 8(7)

Repeal the subsections.

3 Paragraph 8(8)(b)

Omit ", where the condition has been diagnosed, reasonably treated and stabilised for the purposes of subsections 8(4), (5) and (6),".

_____

Statement pursuant to the order of the Senate of 26 June 2000

Amendment (2)

Amendment (2) is framed as a request because it amends the bill to increase the various maximum basic rate amounts of age pension, carer payment, disability support pension, and disability support pension (under 21). As the effect of this amendment will be that relevant recipients will receive a higher rate of payment, it will result in an increase in expenditure under the standing appropriation in section 242 of the Social Security (Administration) Act 1999.

Amendment (3)

Amendment (3) is framed as a request because it amends the bill to increase the ordinary income free area for the disability support pension (under 21) under the Social Security Act 1991. As the income free area is the amount of income a person can receive before their payment begins to decrease, increasing the income free area would result in some recipients receiving a higher rate of payment and would also increase the number of people for whom payments are payable. The effect of the amendment would increase expenditure under the standing appropriation in section 242 of the Social Security (Administration) Act 1999.

Amendment (5)

Amendment (5) is framed as a request because it amends the bill to reduce the number of mandatory considerations relevant to assessing a person's work-related impairment for the purposes of eligibility for the disability support pension under the Social Security Act 1991. As the effect of this amendment will be to effectively expand the class of persons eligible for the disability support pension, the amendment would increase the number of people for whom payments are payable. The effect of the amendment would increase expenditure under the standing appropriation in section 242 of the Social Security (Administration) Act 1999.

Amendment (1)

Amendment (1) amends the commencement table of the bill and is consequential to any of the other amendments being agreed to. As amendments (2), (3) and (5) are framed as requests, amendment (1) is also framed as a request.

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendments (2), (3) and (5)

If the effect of the respective amendments is to increase expenditure under the standing appropriation in section 242 of the Social Security (Administration) Act 1999 then it is in accordance with the precedents of the Senate that the amendments be moved as requests.

Amendment (1)

This amendment is consequential on the respective requests. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.

These amendments relate to improving the accessibility to and improving the rate of the disability support pension, which are critical and central to meeting the objective of this act to achieve the economic and social inclusion of people with disabilities. As I noted in my second reading speech, the Senate community affairs committee did a very comprehensive inquiry into the adequacy of the disability support pension a couple of years back. That committee made some consensus recommendations, but we have not had a response from government on those recommendations, which is pretty upsetting given how much work went into that committee report and the input that we had from people with disabilities. As I said, the recommendations we came up with had cross-party support. What these amendments seek to do is to implement some of those recommendations.

In our final report, the committee made some important recommendations to improve the disability support pension. We wanted the government to investigate how the requirement that a condition be fully diagnosed, treated and stabilised is preventing people with conditions that are complex, fluctuating or deteriorating over time from accessing the DSP. As I noted in my second reading speech, yes, we do acknowledge that there have been changes to the criteria, but they don't go far enough to deal with the barrier for people to have their condition assessed as being reasonably diagnosed, treated and stabilised. We asked that the government consider reforming the income test for recipients of the DSP to better support individuals facing structural barriers to participating in the workforce and to better recognise the fluctuating nature of people's ability to work. The committee envisaged that such reforms could, amongst other things, raise the income thresholds at which the DSP payment is reduced and lower the rate at which it's reduced once this threshold is reached.

We also asked that the Department of Social Services review the program of support requirement and consider making participation in an employment service program voluntary for all DSP claimants. And we recommended that the government investigate ways to better support people on the DSP who are at risk of poverty, particularly those in the private rental market, and ensure that people can participate in their communities and cover their living costs. And of course with the skyrocketing cost of housing, the limited availability of housing and the limited amount of social housing we have so many people with disabilities who are struggling. They cannot pay the rent, pay to put food on the table or pay for their medical and housing expenses and the extra expenses often entailed because of their disabilities.

The amendments that we are moving today respond to those recommendations of that committee report. These amendments would raise the base rate of the Disability Support Pension. They would increase the income-free area for people under 21, make the program of support voluntary and remove the requirement that a condition be diagnosed, reasonably treated and stabilised. Our amendments go further than any recent reforms to the payment, and are an absolutely critical step to improving the accessibility, the inclusivity and the adequacy of the payment.