Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I table the supplementary explanatory memorandum relating to the government amendments to be moved to this bill.

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

I move opposition amendments on sheet 1643:

(1) Clause 2, page 2 (table item 1), omit the table item, substitute:

(2) Clause 2, page 2 (after proposed table item 1), insert:

(3) Clause 2, page 2 (at the end of the table), add:

(4) Clause 2, page 2 (at the end of the table), add:

(5) Clause 2, page 2 (at the end of the table), add:

(6) Page 2 (after line 14), after clause 3, insert:

4 Review and expiration of Schedule 4

Review

(1) The Minister must cause a review to be conducted of the operation of the amendments made by Schedule 4 to this Act.

(2) The persons who undertake the review must:

(a) without limiting subsection (1), consider as part of the review, the merits of continuing the operation of the amendments made by Schedule 4 to this Act taking into account:

(i) changes in overseas net migration levels; and

(ii) the unemployment rate; and

(iii) the workforce participation rate; and

(iv) utilisation of the work bonus; and

(b) give the Minister a written report of the review no later than 30 days before the sunset day mentioned in subsection (4).

(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

Sunsetting of amendments

(4) The amendments made by Schedule 4 to this Act cease to be in force at the start of the day (the sunset day) after the end of the period of:

(a) 12 months beginning on the day Schedule 4 commenced; or

(b) each successive 12-month period after the day referred to in paragraph (a);

unless subsection (5) applies.

(5) The Minister may, by notifiable instrument, determine that the amendments made by Schedule 4 to this Act do not cease to be in force for a period of 12 months if the Minister is satisfied, after considering the report mentioned in subsection (2), that the amendments should remain in operation.

D efinition of Minister

(6) For the purposes of this section, Ministermeans the Minister administering the Social Security Act 1991.

(7) Schedule 1, heading, page 3 (line 1), omit "Amendments", substitute "Commonwealth Seniors Health Card income test limits".

(8) Page 4 (after line 24), at the end of the Bill, add:

Schedule 2 — Suspension of benefits and entitlements instead of cancellation

Part 1 — Social security amendments

Social Security (Administration) Act 1999

1 After section 95C

Insert:

95D Age pension — suspension instead of cancellation under section 93 or 94

Application

(1) This section applies if:

(a) age pension ceases to be payable to a person because the rate of the person's pension is nil; and

(b) the rate of the person's pension is nil because of the occurrence of an event or change of circumstances (the income-related event) that results in the person's income reduced rate (see subsection (2)) being nil; and

(c) the person is required to inform the Department of the income-related event within a specified period (the notification period) because of a notice given to the person under subsection 68(2); and

(d) but for the person's income reduced rate being nil, age pension would have continued to be payable to the person; and

(e) the person's pension is to be, or has been, cancelled under section 93 or 94 because the pension ceased to be payable for the reason mentioned in paragraph (b); and

(f) at the time of the cessation, the person's ordinary income (as used to work out the person's income reduced rate) includes income for remunerative work performed by the person in Australia as an employee in an employer/employee relationship.

(2) For the purposes of subsection (1), a person's income reduced rate is the rate worked out at step 8 of the method statement in point 1064-A1 in Module A of Pension Rate Calculator A.

Suspension determination event notified within notification period

(3) If:

(a) the person informs the Department of the income-related event within the notification period; and

(b) the person's pension has not yet been cancelled under section 93;

the Secretary may determine that:

(c) section 93 does not apply to cancel the person's pension; and

(d) the person's pension is suspended for a period of 2 years with effect from the day the pension would otherwise have ceased to be payable under section 93.

(4) If:

(a) the person informs the Department of the income-related event within the notification period; and

(b) the person's pension has been cancelled under section 93; and

(c) within the period of 2 years after the cancellation, the ordinary income of the person is of an amount that would not preclude the person from receiving age pension;

the Secretary may determine that:

(d) the person is to be treated as if section 93 had not applied to cancel the person's pension; and

(e) the person's pension is suspended for a period of 2 years with effect from the day the pension had ceased to be payable under section 93.

Suspension determination event not notified within notification period

(5) If:

(a) the person does not inform the Department of the income-related event within the notification period; and

(b) the person's pension has been cancelled under section 94; and

(c) the Department subsequently becomes aware of the income-related event; and

(d) within the period of 2 years and 14 days after the cancellation, the ordinary income of the person is of an amount that would not preclude the person from receiving age pension;

the Secretary may determine that:

(e) the person is to be treated as if section 94 had not applied to cancel the person's pension; and

(f) the person's pension is suspended for a period of 2 years and 14 days with effect from the day the pension had ceased to be payable under section 94.

Residency requirement

(6) The Secretary must not make a determination under subsection (3), (4) or (5) unless the Secretary is satisfied that the person is residing in Australia.

Resumption of age pension after suspension

(7) If:

(a) the Secretary suspends a person's age pension under subsection (3), (4) or (5); and

(b) within the period the suspension is in effect, the Secretary reconsiders the decision to suspend; and

(c) as a result of the reconsideration, the Secretary is satisfied that:

(i) the person did not receive age pension that was payable to the person; or

(ii) the person is not receiving age pension that is payable to the person;

the Secretary is to determine that age pension was or is payable to the person, as the case requires.

(8) The reconsideration referred to in paragraph (7)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary's own initiative.

(9) A determination that age pension was or is payable to the person under subsection (7) takes effect:

(a) if the person applied for reconsideration under section 129—on the day the application was made; or

(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.

Cancellation of age pe nsion after period of suspension

(10) If:

(a) the Secretary suspends a person's age pension for a period under subsection (3), (4) or (5); and

(b) the suspension continues in effect throughout the period;

then, at the end of the period, the determination granting the person age pension is, by force of this subsection, revoked.

2 At the end of paragraphs 96(1)(d) and (3)(d)

Add "with effect from the day the pension would otherwise have ceased to be payable under section 93".

3 Paragraph 96(3A) (c)

Repeal the paragraph, substitute:

(c) as a result of the reconsideration, the Secretary is satisfied that:

(i) the person did not receive disability support pension that was payable to the person; or

(ii) the person is not receiving disability support pension that is payable to the person;

4 Subsection 96(3A)

Omit "is payable to the person", substitute "was or is payable to the person, as the case requires".

5 After subsection 96(3B)

Insert:

(3C) A determination that disability support pension was or is payable to the person under subsection (3A) takes effect:

(a) if the person applied for reconsideration under section 129—on the day the application was made; or

(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.

6 At the end of subsection 96(6)

Add "for the period of the suspension of the person's disability support pension".

7 At the end of paragraph 97(1)(e)

Add "with effect from the day the pension had ceased to be payable under section 93".

8 At the end of sub section 97(2)

Add "for the period of the suspension of the person's disability support pension".

9 At the end of paragraph 97(3)(d)

Add "with effect from the day the pension had ceased to be payable under section 93".

10 At the end of subsection 97(4)

Add "for the period of the suspension of the person's disability support pension".

11 Paragraph 97A(6)(c)

Repeal the paragraph, substitute:

(c) as a result of the reconsideration, the Secretary is satisfied that:

(i) the person did not receive disability support pension that was payable to the person; or

(ii) the person is not receiving disability support pension that is payable to the person;

12 Subsection 97A(6)

Omit "is payable to the person", substitute "was or is payable to the person, as the case requires".

13 At the end of section 97A

Add:

(8) A determination that disability support pension was or is payable to the person under subsection (6) takes effect:

(a) if the person applied for reconsideration under section 129—on the day the application was made; or

(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.

14 Paragraph 97B(5)(c)

Repeal the paragraph, substitute:

(c) as a result of the reconsideration, the Secretary is satisfied that:

(i) the person did not receive disability support pension that was payable to the person; or

(ii) the person is not receiving disability support pension that is payable to the person;

15 Subsection 97B(5)

Omit "is payable to the person", substitute "was or is payable to the person, as the case requires".

16 At the end of section 97B

Add:

(7) A determination that disability support pension was or is payable to the person under subsection (5) takes effect:

(a) if the person applied for reconsideration under section 129—on the day the application was made; or

(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.

17 After section 97B

Insert:

97C Age pension, disability support pension and carer payment — suspension instead o f cancellation under section 93 or 94 (partners)

Application

(1) This section applies if:

(a) one of the following determinations (a suspension determination) is made in relation to a person who is a member of a couple:

(i) a determination under subsection 95D(3), (4) or (5) suspending the person's age pension because the pension ceased to be payable to the person;

(ii) a determination under subsection 96(1), 97(1), 97A(1) or 97A(2) suspending the person's disability support pension because the person ceased to be qualified for the pension;

(iii) a determination under subsection 96(3), 97(3) or 97B(1) suspending the person's disability support pension because the pension ceased to be payable to the person;

(iv) a determination under subsection 56ED(3), (4) or (5) of the Veterans' Entitlements Act suspending the person's age service pension, invalidity service pension, income support supplement or veteran payment because the pension, supplement or payment ceased to be payable to the person; and

(b) immediately before the suspension under the suspension determination, the person's partner was receiving an age pension, disability support pension or carer payment; and

(c) the partner's pension or payment ceases to be payable to the partner because the rate of the partner's pension or payment is nil; and

(d) the partner's cessation of payability occurs:

(i) at the same time as the person's cessation of payability or qualification that gave rise to the person's suspension determination; and

(ii) because of the occurrence of the same event or change of circumstances that resulted in the person's cessation of payability or qualification; and

(e) because of the partner's cessation of payability, the partner's pension or payment is to be, or has been, cancelled under section 93 or 94.

Note: For suspensions when a person's partner has been receiving service pension, income support supplement or veteran payment, see section 56EE of the Veterans' Entitlements Act.

Partner suspension determination

(2) The Secretary may determine that:

(a) the partner is to be treated as if section 93 or 94 does not apply or had not applied (as the case may be) to cancel the partner's pension or payment; and

(b) the partner's pension or payment is suspended with effect from the day the pension or payment would otherwise have ceased to be payable under section 93 or 94, for a period of:

(i) if section 94 would otherwise have applied—2 years and 14 days; or

(ii) in all other cases—2 years.

Resumption of partner's pension or payment after suspension

(3) If:

(a) the Secretary suspends the partner's pension or payment under subsection (2); and

(b) within the period the suspension is in effect, the Secretary reconsiders the decision to suspend; and

(c) as a result of the reconsideration, the Secretary is satisfied that:

(i) the partner did not receive pension or payment that was payable to the partner; or

(ii) the partner is not receiving pension or payment that is payable to the partner;

the Secretary is to determine that pension or payment was or is payable to the partner, as the case requires.

(4) The reconsideration referred to in paragraph (3)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary's own initiative.

(5) A determination that pension or payment was or is payable to the partner under subsection (3) takes effect:

(a) if the partner applied for reconsideration under section 129—on the day the application was made; or

(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.

Cancellation of partner's pension or payment after period of suspension

(6) If:

(a) the Secretary suspends the partner's pension or payment for a period under subsection (2); and

(b) the suspension continues in effect throughout the period;

then, at the end of the period, the determination granting the partner pension or payment is, by force of this subsection, revoked.

Partner ceasing to be member of couple

(7) To avoid doubt, subsections (3) to (6) apply to the partner even if the partner ceases to be a member of the couple after the Secretary suspends the partner's pension or payment under subsection (2).

18 Application provisions

Amendments relating to suspension of age pension

(1) Section 95D of the Social Security (Administration) Act 1999, as inserted by this Part, applies in relation to:

(a) age pension ceasing to be payable on or after the commencement of this Part (whether the pension first became payable before, on or after that commencement); and

(b) age pension ceasing to be payable during the period of 12 weeks ending immediately before the commencement of this Part.

Amendments relating to suspension of disability support pension

(2) The amendments of subsections 96(1), (3) and (6) of the Social Security (Administration) Act 1999 made by this Part apply in relation to a determination made under those subsections on or after the commencement of this Part.

(3) The amendments of subsection 96(3A) of the Social Security (Administration) Act 1999 made by this Part apply in relation to a determination made under subsection 96(1) or (3) of that Act before, on or after the commencement of this Part.

(4) Subsection 96(3C) of the Social Security (Administration) Act 1999, as inserted by this Part, applies in relation to a determination made under subsection 96(3A) of that Act on or after the commencement of this Part.

(5) The amendments of subsections 97(1), (2), (3) and (4) of the Social Security (Administration) Act 1999 made by this Part apply in relation to a determination made under those subsections on or after the commencement of this Part.

(6) The amendments of subsection 97A(6) of the Social Security (Administration) Act 1999 made by this Part apply in relation to a determination made under subsection 97A(1) or (2) of that Act before, on or after the commencement of this Part.

(7) Subsection 97A(8) of the Social Security (Administration) Act 1999, as added by this Part, applies in relation to a determination made under subsection 97A(6) of that Act on or after the commencement of this Part.

(8) The amendments of subsection 97B(5) of the Social Security (Administration) Act 1999 made by this Part apply in relation to a determination made under subsection 97B(1) of that Act before, on or after the commencement of this Part.

(9) Subsection 97B(7) of the Social Security (Administration) Act 1999, as added by this Part, applies in relation to a determination made under subsection 97B(5) of that Act on or after the commencement of this Part.

Amendments rel ating to suspension of partner's pensions

(10) Section 97C of the Social Security (Administration) Act 1999, as inserted by this Part, applies in relation to:

(a) age pension, disability support pension or carer payment ceasing to be payable on or after the commencement of this Part (whether the pension or payment first became payable before, on or after that commencement); and

(b) age pension, disability support pension or carer payment ceasing to be payable during the period of 12 weeks ending immediately before the commencement of this Part.

Part 2 — Veterans' entitlements amendments

Veterans' Entitlements Act 1986

19 Subsection 56(2) (note)

Repeal the note, substitute:

Note: In some circumstances, the Commission may decide that the pension, supplement or payment is not cancelled but suspended (see sections 56ED and 56EE).

20 Subsection 56A(2) (note)

Repeal the note, substitute:

Note: In some circumstances, the Commission may decide that the pension, supplement or payment is not cancelled but suspended (see sections 56ED and 56EE).

21 After section 56EC

Insert:

56ED Suspension instead of automatic termination under section 56 or 56A

Application

(1) This section applies if:

(a) service pension, income support supplement or veteran payment ceases to be payable to a person because the rate of the person's pension, supplement or payment is nil; and

(b) the rate of the person's pension, supplement or payment is nil because of the occurrence of an event or change of circumstances (the income-related event) that results in the person's income reduced rate (see subsection (2)) being nil; and

(c) the person is required to inform the Department or a specified officer of the income-related event within a specified period (the notification period) because of a notice given to the person under section 54; and

(d) but for the person's income reduced rate being nil, the pension, supplement or payment would have continued to be payable to the person; and

(e) the person's pension, supplement or payment is to be, or has been, cancelled under section 56 or 56A because the pension, supplement or payment ceased to be payable for the reason mentioned in paragraph (b); and

(f) at the time of the cessation, the person's ordinary income (as used to work out the person's income reduced rate) includes income for remunerative work performed by the person in Australia as an employee in an employer/employee relationship.

Note: When a person's pension or supplement ceases to be payable in the circumstances set out in this subsection, the person will generally continue to be eligible for fringe benefits for up to 2 years (see subsection 53A(3)).

(2) For the purposes of subsection (1), a person's income reduced rate, in relation to a service pension, income support supplement or veteran payment, is the rate worked out in relation to that pension, supplement or payment at step 6 of method statement 1, step 6 of method statement 5 or step 6 of method statement 7, as the case may be, in Module A of the Rate Calculator.

Suspension determinat ion event notified within notification period

(3) If:

(a) the person informs the Department or specified officer of the income-related event within the notification period; and

(b) the person's pension, supplement or payment has not yet been cancelled under section 56;

the Commission may determine in writing that:

(c) section 56 does not apply to cancel the person's pension, supplement or payment; and

(d) the person's pension, supplement or payment is suspended.

(4) If:

(a) the person informs the Department or specified officer of the income-related event within the notification period; and

(b) the person's pension, supplement or payment has been cancelled under section 56;

the Commission may determine in writing that:

(c) the person is to be treated as if section 56 had not applied to cancel the person's pension, supplement or payment; and

(d) the person's pension, supplement or payment is suspended.

Suspension determination event not notified within notification period

(5) If:

(a) the person does not inform the Department or specified officer of the income-related event within the notification period; and

(b) the person's pension, supplement or payment has been cancelled under section 56A; and

(c) the Department subsequently becomes aware of the income-related event;

the Commission may determine in writing that:

(d) the person is to be treated as if section 56A had not applied to cancel the person's pension, supplement or payment; and

(e) the person's pension, supplement or payment is suspended.

Rules f or suspension determinations

(6) The Commission must not make a determination under subsection (3), (4) or (5) unless the Commission is satisfied that the person is residing in Australia.

(7) A determination under subsection (3), (4) or (5) takes effect on the day on which, but for the determination, the person's pension, supplement or payment would be cancelled under section 56 or 56A.

Cancellation of pension, supplement or payment after 2 years

(8) If:

(a) the Commission makes a determination suspending a person's pension, supplement or payment under subsection (3), (4) or (5); and

(b) the determination continues in effect throughout the period of 2 years from its date of effect;

then, at the end of the period:

(c) the suspension ends; and

(d) the pension, supplement or payment is cancelled.

Note: The Commission may end a suspension if satisfied that a person's pension, supplement or payment is payable to the person (see section 56F).

56EE Suspension instead of automatic termination under section 56 or 56A — partners

Application

(1) This section applies if:

(a) one of the following determinations (a suspension determination) is made in relation to a person who is a member of a couple:

(i) a determination under subsection 56ED(3), (4) or (5) suspending the person's service pension, income support supplement or veteran payment because the pension, supplement or payment ceased to be payable to the person;

(ii) a determination under subsection 95D(3), (4) or (5) of the Social Security (Administration) Act 1999 suspending the person's age pension because the pension ceased to be payable to the person;

(iii) a determination under subsection 96(1), 97(1), 97A(1) or 97A(2) of the Social Security (Administration) Act 1999 suspending the person's disability support pension because the person ceased to be qualified for the pension;

(iv) a determination under subsection 96(3), 97(3) or 97B(1) of the Social Security (Administration) Act 1999 suspending the person's disability support pension because the pension ceased to be payable to the person; and

(b) immediately before the suspension under the suspension determination, the person's partner was receiving a service pension, income support supplement or veteran payment; and

(c) the partner's pension, supplement or payment ceases to be payable to the partner because the rate of the partner's pension, supplement or payment is nil; and

(d) the partner's cessation of payability occurs:

(i) at the same time as the person's cessation of payability or qualification that gave rise to the person's suspension determination; and

(ii) because of the occurrence of the same event or change of circumstances that resulted in the person's cessation of payability or qualification; and

(e) because of the partner's cessation of payability, the partner's pension, supplement or payment is to be, or has been, cancelled under section 56 or 56A.

Note: For suspensions when a person's partner has been receiving age pension, disability support pension or carer payment, see section 97C of the Social Security (Administration) Act 1999.

Partner suspension determination

(2) The Commission may determine in writing that:

(a) the partner is to be treated as if section 56 or 56A does not apply or had not applied (as the case may be) to cancel the partner's pension, supplement or payment; and

(b) the partner's pension, supplement or payment is suspended.

Note: When a partner's pension or supplement ceases to be payable in the circumstances set out in subsection (1), the partner will generally continue to be eligible for fringe benefits for up to 2 years (see subsection 53A(5)).

(3) However, subsection (2) does not apply if:

(a) the suspension determination referred to in paragraph (1)(a) suspended the person's partner service pension; and

(b) the partner was receiving income support supplement or veteran payment.

When suspension determinations take effect

(4) A determination under subsection (2) takes effect on the day on which, but for the determination, the partner's pension, supplement or payment would be cancelled under section 56 or 56A.

Cancellation of partner's pension, supplement or payment after 2 years

(5) If:

(a) the Commission makes a determination suspending the partner's pension, supplement or payment under subsection (2); and

(b) the determination continues in effect throughout the period of 2 years from its date of effect;

then, at the end of the period:

(c) the suspension ends; and

(d) the pension, supplement or payment is cancelled.

Note: The Commission may end a suspension if satisfied that the partner's pension, supplement or payment is payable to the partner (see section 56F).

Partner ceasing to be member of couple

(6) To avoid doubt, subsection (5) applies to the partner even if the partner ceases to be a member of the couple after the making of a determination under subsection (2).

22 Paragraph 56F(a)

Omit "or 56EB", substitute ", 56EB, 56ED or 56EE".

23 Paragraph 56M(2)(b)

Repeal the paragraph, substitute:

(b) ending when the suspension ends:

(i) under a determination of the Commission (under section 56F or 56L); or

(ii) because of the operation of subsection 56ED(8) or 56EE(5).

24 After paragraph 57(2)(b)

Insert:

(ba) making, or refusing to make, a determination that a service pension, income support supplement or a veteran payment be suspended instead of cancelled under section 56ED or 56EE; or

25 Application provision

Sections 56ED and 56EE of the Veterans' Entitlements Act 1986, as inserted by this Part, apply in relation to:

(a) service pension, income support supplement or veteran payment ceasing to be payable on or after the commencement of this Part (whether the pension, supplement or payment first became payable before, on or after that commencement); and

(b) service pension, income support supplement or veteran payment ceasing to be payable during the period of 12 weeks ending immediately before the commencement of this Part.

(9) Page 4, at the end of the Bill (after proposed Schedule 2), add:

Schedule 3 — Extended qualification for pensioner concession cards

Part 1 — Former recipients of age pensions

Social Security Act 1991

1 After section 1061ZC

Insert:

1061ZCA Extended qualification rule: former recipient of age pension and partner

Qualification

(1) Subject to subsections (8) and (9), a person is qualified for a pensioner concession card for the period of 2 years starting on the day on which this section begins to apply to the person.

Former recipient of age pension with employment income

(2) Subject to subsection (6), this section applies to a person if:

(a) the person has been receiving an age pension; and

(b) age pension ceases to be payable to the person because the rate of the person's pension is nil; and

(c) the rate of the person's pension is nil because of the occurrence of an event or change of circumstances that results in the person's income reduced rate (see subsection (3)) being nil; and

(d) but for the person's income reduced rate being nil, the person would have continued to be qualified for a pensioner concession card because age pension would have continued to be payable to the person; and

(e) at the time of the cessation, the person's ordinary income (as used to work out the person's income reduced rate) includes income for remunerative work performed by the person in Australia as an employee in an employer/employee relationship.

(3) For the purposes of subsection (2), a person's income reduced rate is the rate worked out at step 8 of the method statement in point 1064-A1 in Module A of Pension Rate Calculator A.

Partn er of former recipient of age pension with employment income

(4) Subject to subsection (6), this section applies to a person who is a member of a couple if:

(a) the person's partner is qualified for a pensioner concession card under this section because subsection (2) applies to the partner as a result of age pension ceasing to be payable to the partner; and

(b) immediately before the partner's cessation of payability, the person was receiving an age pension, disability support pension or carer payment; and

(c) the person's pension or payment ceases to be payable to the person because the rate of the person's pension or payment is nil; and

(d) the person's cessation of payability occurs:

(i) at the same time as the partner's cessation of payability; and

(ii) because of the occurrence of the same event or change of circumstances that resulted in the partner's cessation of payability.

(5) To avoid doubt, if the person ceases to be a member of the couple after the person's cessation of payability, the person's qualification for a pensioner concession card because of subsection (4) is not affected.

Residency requirement

(6) This section only applies to a person while the person is residing in Australia.

Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).

(7) However, this section applies to a person in relation to a day if:

(a) the person is in Australia on that day but not residing in Australia; and

(b) the age pension, disability support pension or carer payment that the person had been receiving was received solely because of the operation of the scheduled international social security agreement between Australia and New Zealand.

No double qualification person receiving certain other social security payments

(8) If, during the period of 2 years referred to in subsection (1), a person receives an instalment of a social security pension that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.

(9) If, during the period of 2 years referred to in subsection (1), a person receives an instalment of:

(a) a youth allowance while subsection 1061ZA(2A) applies to the person; or

(b) a jobseeker payment while subsection 1061ZA(2B) applies to the person; or

(c) a benefit PP (partnered) while subsection 1061ZA(2D) applies to the person;

that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.

2 Subsection 1061ZEA(1)

Before "1061ZD", insert "1061ZCA,".

3 Subparagraph 1061ZUC(1)(a)(i)

After "1061ZC,", insert "1061ZCA,".

4 Application provision

Section 1061ZCA of the Social Security Act 1991, as inserted by this Part, applies in relation to:

(a) age pension, disability support pension or carer payment ceasing to be payable on or after the commencement of this Part (whether the pension or payment first became payable before, on or after that commencement); and

(b) age pension, disability support pension or carer payment ceasing to be payable during the period of 12 weeks ending immediately before the commencement of this Part.

Part 2 — Former recipients of disability support pensions

Social Security Act 1991

5 Section 1061ZD (at the end of the heading)

Add "and partner".

6 Before subsection 1061ZD(1)

Insert:

Qualification

7 Subsection 1061ZD(1)

Omit "52 weeks", substitute "2 years".

8 Before section 1061ZD(2)

Insert:

Former recipient with 30 hours per week employment

9 Before subsection 1061ZD(3)

Insert:

Former recipient with increase in empl oyment income

10 After subsection 1061ZD(3)

Insert:

Partner of former recipient with employment

(3A) Subject to subsection (4), this section applies to a person who is a member of a couple if:

(a) the person's partner is qualified for a pensioner concession card under this section because:

(i) subsection (2) applies to the partner as a result of the partner ceasing to be qualified for disability support pension; or

(ii) subsection (3) applies to the partner as a result of disability support pension ceasing to be payable to the partner; and

(b) immediately before the partner's cessation of qualification or payability, the person was receiving an age pension, disability support pension or carer payment; and

(c) the person's pension or payment ceases to be payable to the person because the rate of the person's pension or payment is nil; and

(d) the person's cessation of payability occurs:

(i) at the same time as the partner's cessation of qualification or payability; and

(ii) because of the occurrence of the same event or change of circumstances that resulted in the partner's cessation of qualification or payability.

(3B) To avoid doubt, if the person ceases to be a member of the couple after the person's cessation of payability, the person's qualification for a pensioner concession card because of subsection (3A) is not affected.

11 Before subsection 1061ZD(4)

Insert:

Residency requirement

12 Before subsection 1061ZD(5)

Insert:

No double qualification person receiving certain other social security payments

13 Subsections 1061ZD(5) and (5A)

Omit "52 weeks", substitute "2 years".

14 Before subsection 1061ZD(6)

Insert:

Residency requirement exception New Zealand agreement

15 Paragraph 1061ZD(6)(b)

Omit "disability support pension", substitute "age pension, disability support pension or carer payment".

16 Before subsection 1061ZD(7)

Insert:

No double qualification person with partial capacity to work

17 Application provisions

(1) The amendments of subsections 1061ZD(1), (5) and (5A) of the Social Security Act 1991 made by this Part apply in relation to a person who receives a disability support pension on or after the commencement day (whether or not the person was receiving the pension before the commencement day).

(2) If:

(a) on a day during the period:

(i) starting on the day that is 52 weeks before the commencement day; and

(ii) ending on the day before the commencement day;

section 1061ZD of the Social Security Act 1991 (as in force on the relevant day during that period) begins to apply to a person; and

(b) on the day before the commencement day the person is qualified for a pensioner concession card under section 1061ZD or subsection 1061ZA(1), (2A), (2B) or (2D) of the Social Security Act 1991;

the amendments to the period a person is qualified for a pensioner concession card under section 1061ZD, as made by this Part, apply in relation to the person.

(3) Subsections 1061ZD(3A) and (3B) of the Social Security Act 1991, as inserted by this Part, and the amendment of paragraph 1061ZD(6)(b) of that Act made by this Part, apply in relation to:

(a) age pension, disability support pension or carer payment ceasing to be payable on or after the commencement day (whether the pension or payment first became payable before, on or after the commencement day); and

(b) age pension, disability support pension or carer payment ceasing to be payable during the period of 12 weeks ending immediately before the commencement day.

(4) In this item:

commencement day means the day this Part commences.

Part 3 — Former recipients of veterans' entitlements and certain partners

Veterans' Entitlements Act 1986

18 Before subsection 53A(1)

Insert:

General rule

19 Before subsection 53A(1A)

Insert:

Certain persons eligible before 1 January 2017

20 Before subsection 53A(2)

Insert:

Certain recipients of invalidity service pension who cease to be permanently incapacitated for work

21 At the end of section 53A

Add:

Former recipients with employment income

(3) If:

(a) a person is receiving service pension or income support supplement; and

(b) the pension or supplement ceases to be payable to the person because the rate of the person's pension or supplement is nil; and

(c) the rate of the person's pension or supplement is nil because of the occurrence of an event or change of circumstances that results in the person's income reduced rate (see subsection (4)) being nil; and

(d) but for the person's income reduced rate being nil, the person would have continued to be eligible for fringe benefits because the person would have continued to receive the pension or supplement; and

(e) at the time of the cessation, the ordinary income of the person (as used to work out the person's income reduced rate) includes income for remunerative work performed by the person in Australia as an employee in an employer/employee relationship;

the person remains eligible for fringe benefits for the period of 2 years beginning on the day the pension or supplement ceased to be payable to the person.

(4) For the purposes of subsection (3), a person's income reduced rate, in relation to a service pension or income support supplement, is the rate worked out in relation to that pension or supplement at step 6 of method statement 1 or step 6 of method statement 5, as the case may be, in Module A of the Rate Calculator.

Partners of certain former recipients with employment

(5) If:

(a) a person is:

(i) eligible for fringe benefits under subsection (3) because the person's pension or supplement ceases to be payable to the person; or

(ii) qualified for a pensioner concession card under section 1061ZCA of the Social Security Act because subsection (2) of that section applies to the person as a result of age pension ceasing to be payable to the person; or

(iii) qualified for a pensioner concession card under section 1061ZD of the Social Security Act because subsection (2) of that section applies to the person as a result of the person ceasing to be qualified for disability support pension; or

(iv) qualified for a pensioner concession card under section 1061ZD of the Social Security Act because subsection (3) of that section applies to the person as a result of disability support pension ceasing to be payable to the person; and

(b) immediately before the person's cessation of payability or qualification, the person's partner was receiving service pension or income support supplement; and

(c) the partner's pension or supplement ceases to be payable to the partner because the rate of the partner's pension or supplement is nil; and

(d) the partner's cessation of payability occurs:

(i) at the same time as the person's cessation of payability or qualification; and

(ii) because of the occurrence of the same event or change of circumstances that resulted in the person's cessation of payability or qualification;

the partner remains eligible for fringe benefits for the period of 2 years beginning on the day the pension or supplement ceased to be payable to the partner.

(6) To avoid doubt, subsection (5) applies to the partner even if the partner ceases to be a member of the couple after the day the pension or supplement ceased to be payable to the partner.

22 At the end of subsection 56(1)

Add:

Note: If a person ceases to receive a service pension or income support supplement, the person's eligibility for benefits under Division 12 will generally cease.

23 At the end of subsection 56A(1)

Add:

Note: If a person ceases to receive a service pension or income support supplement, the person's eligibility for benefits under Division 12 will generally cease.

24 Subsection 56E(1) (note 4)

Omit "also cancelled", substitute "generally cancelled too (but see also sections 56ED and 56EE)".

25 Subsection 56EA(2) (note 3)

Omit "also cancelled", substitute "generally cancelled too (but see also sections 56ED and 56EE)".

26 Application provision

Subsections 53A(3), (4), (5) and (6) of the Veterans' Entitlements Act 1986, as added by this Part, apply in relation to:

(a) service pension or income support supplement ceasing to be payable on or after the commencement of this Part (whether the pension or supplement first became payable before, on or after that commencement); and

(b) service pension or income support supplement ceasing to be payable during the period of 12 weeks ending immediately before the commencement of this Part.

Part 4 — Certain partners of former recipients of veterans' entitlements

Social Security Act 1991

27 After section 1061ZDA

Insert:

1061ZDB Extended qualification rule: partner of former recipient of veterans' entitlement

Qualification

(1) Subject to subsections (6) and (7), a person is qualified for a pensioner concession card for the period of 2 years starting on the day on which this section begins to apply to the person.

Partner of for mer recipient of veterans' entitlement with employment income

(2) Subject to subsection (4), this section applies to a person who is a member of a couple if:

(a) the person's partner is eligible for fringe benefits under subsection 53A(3) of the Veterans' Entitlements Act because the partner's service pension or income support supplement ceases to be payable to the partner; and

(b) immediately before the partner's cessation of payability, the person was receiving an age pension, disability support pension or carer payment; and

(c) the person's pension or payment ceases to be payable to the person because the rate of the person's pension or payment is nil; and

(d) the person's cessation of payability occurs:

(i) at the same time as the partner's cessation of payability; and

(ii) because of the occurrence of the same event or change of circumstances that resulted in the partner's cessation of payability.

(3) To avoid doubt, if the person ceases to be a member of the couple after the person's cessation of payability, the person's qualification for a pensioner concession card because of subsection (2) is not affected.

Residency requirement

(4) This section only applies to a person while the person is residing in Australia.

Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).

(5) However, this section applies to a person in relation to a day if:

(a) the person is in Australia on that day but not residing in Australia; and

(b) the pension or payment that the person had been receiving was received solely because of the operation of the scheduled international social security agreement between Australia and New Zealand.

No double qualification person receiving certain other social security payments

(6) If, during the period of 2 years referred to in subsection (1), a person receives an instalment of a social security pension that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.

(7) If, during the period of 2 years referred to in subsection (1), a person receives an instalment of:

(a) a youth allowance while subsection 1061ZA(2A) applies to the person; or

(b) a jobseeker payment while subsection 1061ZA(2B) applies to the person; or

(c) a benefit PP (partnered) while subsection 1061ZA(2D) applies to the person;

that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.

28 Subsection 1061ZEA(1)

After "1061ZDA", insert ", 1061ZDB".

29 Subpa ragraph 1061ZUC(1)(a)(i)

After "1061ZDA,", insert "1061ZDB,".

30 Application

Section 1061ZDB of the Social Security Act 1991, as inserted by this Part, applies in relation to:

(a) age pension, disability support pension or carer payment ceasing to be payable on or after the commencement of this Part (whether the pension or payment first became payable before, on or after that commencement); and

(b) age pension, disability support pension or carer payment ceasing to be payable during the period of 12 weeks ending immediately before the commencement of this Part.

(10) Page 4, at the end of the Bill (after proposed Schedule 3), add:

Schedule 4 — Increasing the work bonus for pensioners and veterans

Social Security Act 1991

1 Subsection 1073AA(2) (examples 1 and 2)

Repeal the examples, substitute:

Example 1: David has $2,600 of work bonus income in an instalment period of 14 days. David's rate of social security pension for that period is greater than nil.

David's work bonus income for that period is reduced by $600, leaving David $2,000 of work bonus income for that period.

Example 2: Amy has $1,300 of work bonus income in an instalment period of 14 days. Amy's rate of social security pension for that period is greater than nil.

Amy's work bonus income for that period is reduced by $600, leaving Amy $700 of work bonus income for that period.

2 Subsection 1073AA(4) (example)

Repeal the example, substitute:

Example: Bill has $1,600 of work bonus income in an instalment period of 14 days. Bill's rate of social security pension for that period is greater than nil.

Under subsection (2), Bill's work bonus income for that period is reduced by $600, leaving Bill $1,000 of work bonus income for that period.

Assume Bill's unused concession balance is $800.

Under subsection (4), Bill's work bonus income for that period is further reduced by $800 leaving Bill $200 of work bonus income for that period.

Bill's unused concession balance is now nil.

3 Subsection 1073AA(4A) (example)

Omit "$200", substitute "$500".

4 Paragraphs 1073AA(4C)(a) and (b)

Omit "$300", substitute "$600".

5 Subsection 1073AB(2) (example)

Omit "$7,900", substitute "$8,200".

Veterans' Entitlements Act 1986

6 Subsection 46AA(2) (examples 1 and 2)

Repeal the examples, substitute:

Example 1: David has $2,600 of work bonus income in a pension period. David's rate of service pension or income support supplement for that period is greater than nil.

David's work bonus income for that period is reduced by $600, leaving David $2,000 of work bonus income for that period.

Example 2: Amy has $1,300 of work bonus income in a pension period. Amy's rate of service pension or income support supplement for that period is greater than nil.

Amy's work bonus income for that period is reduced by $600, leaving Amy $700 of work bonus income for that period.

7 Subsection 46AA(4) (example)

Repeal the example, substitute:

Example: Bill has $1,600 of work bonus income in a pension period. Bill's rate of service pension or income support supplement for that period is greater than nil.

Under subsection (2), Bill's work bonus income for that period is reduced by $600, leaving Bill $1,000 of work bonus income for that period.

Assume Bill's unused concession balance is $800.

Under subsection (4), Bill's work bonus income for that period is further reduced by $800 leaving Bill $200 of work bonus income for that period.

Bill's unused concession balance is now nil.

8 Subsection 46AA(4A) (example)

Omit "$200", substitute "$500".

9 Subsection 46AA(4C)

Omit "$300", substitute "$600".

10 Subsection 46AC(2) (example)

Omit "$7,900", substitute "$8,200".

11 Subsection 46AD(3) (example)

Omit "$200", substitute "$500".

12 Application provision

(1) The amendments of the Social Security Act 1991 made by this Schedule apply in relation to an instalment period that starts on or after the commencement of this item.

(2) The amendments of the Veterans' Entitlements Act 1986 made by this Schedule apply in relation to a pension period that starts on or after the commencement of this item.

Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Link to this | Hansard source

As briefly mentioned in my contribution on the substantive bill, the coalition is moving a number of amendments which will give effect to providing immediate relief to small businesses across our country who are suffering from labour shortages. In addition to that, it will remove a significant disincentive to many older Australians who want to re-enter the workforce. That disincentive is that the Work Bonus scheme provides up to $300 a fortnight before older Australians are penalised for every extra dollar they earn. The amendment will lift that from $300 a fortnight to $600 a fortnight.

We are confident that that is an initiative, is an incentive, that many older Australians will find attractive. Many of them will be encouraged and will desire to re-enter the workforce, for a variety of reasons—and we can't underestimate how important work is to people's self-esteem.

This has been predicated on a very immediate and urgent problem for many older Australians and that is the escalating cost of living. It is hurting older Australians the hardest. We think this is the right time through which to embrace these initiatives, amend this bill and provide that immediate relief for older Australians, and, in doing so, provide small- to medium-size businesses in our country with greater labour options.

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

The Greens will be supporting the amendments that have been moved by the opposition because, as I foreshadowed in my speech in the second reading debate, we will be supporting any measures that will improve income support in our society. Obviously, these measures that Senator Smith has put forward again only address the issues being faced by older people—in this case, allowing people on the age pension to be able to earn more—but we think that's a good start. We think that should be supported. We need a more generous income support system in this country across the board. This is a good start.

Poverty is a political choice. We can choose to introduce measures here that will lift people out of poverty, and this is a good measure that will help lift people out of poverty. So we will be supporting this measure but, again, we call upon the opposition and we call upon the Labor Party to actually do much more. There are people across the board, whether they are young or old, whether they are working or not working, who are really, really struggling. They are doing it so tough. They are struggling to put food on the table. They are not able to afford rent and are then being made homeless. They cannot afford medicines. Australians across the board are struggling with all of these things. We will support this measure as one measure that will help some Australians. It's a start, but it's not enough.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I note that the amendment has only just been circulated.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

It wasn't our fault.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Well, it's your amendment, Senator Ruston. Surely it was your fault—

David Fawcett (SA, Liberal Party) Share this | Link to this | Hansard source

You can ignore the interjections, Senator Farrell.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Thank you, Chair; that's very good advice. I should ignore most things the opposition says.

The TEMPORARY CHAIR: Senator Farrell, come to the point.

Thank you for that reminder, Chair. The former government spent nine years doing nothing to boost workforce participation. It was the last Labor government that introduced the Work Bonus, in 2009. Only in the last month or so has the opposition taken steps to encourage pensioner workforce participation, through Senator Dean Smith's private senators' bill. However, Senator Smith's bill is just a doubling of the existing Work Bonus and doesn't provide pensioners with the flexibility that the government bill offers.

The government has announced that from 1 December 2022 until 30 June 2023, pensioners of the age pension age will benefit from a $4,000 increase in the maximum Work Bonus income bank balance, and that results in an increase from $7,800 to $11,800. This increase will be credited to eligible pensioners' income banks upfront so they will be able to earn an additional $4,000 from employment income this financial year without losing any of their pension. This provides an immediate benefit to any pensioner over age pension age who works, and will help address labour shortages.

Louise Pratt (WA, Australian Labor Party) Share this | Link to this | Hansard source

I understand we have the opposition's amendments before us. From the government benches, I'm seeking to properly understand them. I know they've made a case for increasing the Work Bonus, but, as I understand it, the first $300 of fortnightly income is not assessed and is not counted under the pension income test, and that any unused part of the Work Bonus can be accrued up to a maximum of $7,800. Can you please explain this, Minister, as I'm keen to understand how the accrual works. I know that we're really keen, for example, to see people being able to make the most of seasonal work. We have the great privilege here in this place of being served by the amazing Comcar workforce. Many of those people are retirees and some of them pensioners. So, I'm interested to understand the time over which you can accrue that in terms of using it up. Clearly people want to save money. They don't just want to accrue a maximum of $7,800; they also want to be able to spend that money, or to save it—and they don't want to max out. So, I'm interested to know, in the context of this bill—and if we've got an understanding of what the opposition understands—the time period for that accrual.

Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Link to this | Hansard source

Thank you, Senator. I take that as a great compliment—that, with all the resources available to the government, the government senator needs to ask the opposition about the detail of how the existing social security income support mechanism works in our country! That is the first point. The second point is that that question was two minutes and 20 seconds in length. In the parliament we call that filibustering; we don't call that a question. In my contribution earlier today I said that the government was lukewarm, half-hearted, about wanting to improve the circumstances facing older Australians and was lukewarm, half-hearted, in wanting to correct labour shortage issues in our country. You saw it for yourself. You're witnessing it for yourself. We can deal with this very quickly.

The government can add it to its bill. And, by the time we leave this parliament tonight, older Australians will be given a clear way of combating escalating cost-of-living increases. In addition to that, many small businesses across our country will have an immediate answer to some of the most pressing economic needs that they are facing. Instead, the government and its senators want to delay the vote that would put this into the law now. Senator Pratt, well-supported by advisers from the government, knows the answers to the questions she's asking me. I encourage her and I encourage Senator Farrell and Senator Polley—and I thank Senator Rice for her contribution—the time is now to make life easier for older Australians and small businesses.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I have a question for Senator Smith.

Opposition Senators:

Opposition senators interjecting—

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

The only thing embarrassing, Senator Ruston, is the circumstances in which you left the Australian economy when you were kicked out of government some months—

David Fawcett (SA, Liberal Party) Share this | Link to this | Hansard source

Senator Farrell, resume your seat. Firstly, please make your remarks through the chair. Secondly, Senator Ruston is not over that side of the chamber. But please continue.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

With respect, Senator Ruston was making a comment, and I was simply responding to her comment. She's now left the chamber, but at the point I made my comment—

The TEMPORARY CHAIR: You know that it is not practice to refer to senators leaving the chamber, because they may be leaving the chamber for a variety of reasons. But you have the call.

Well, I was simply responding to your query about why I was referring to Senator Ruston, and the reason I was referring to Senator Ruston is simply that she made a comment and I was responding to that comment. I will repeat my comment that the reason we have such difficulty with the issue of labour shortages is the circumstances in which the former government left the Australian economy.

I have some questions regarding just how there is going to be an interaction between the amendments that the opposition is putting forward today and the proposed amendments and bill that the government is putting forward. The first observation I would make is that the government amendment changes the commencement date for the legislation to enact the government's election commitments to increase the income limits for the Commonwealth seniors card holders to $90,000 for singles and $144,000 for couples combined. Due to the suspension of parliament following the untimely death of Her Majesty Queen Elizabeth II, the bill to implement this commitment could not be passed in time for the increase to be implemented on 20 September 2022 and that was obviously the intention of the government. To minimise the delays, this amendment will allow an increase in the income limits to take effect seven days following royal assent of the bill. This is the minimum time required by Services Australia to finalise the required systems and business processes once a final date is known.

The Commonwealth Seniors Health Card income limits are indexed each year on 20 September according to movements based on the consumer price index, and the existing bill would have replaced the indexation on 20 September 2022 with a very significant one-off increase. As the bill did not pass, the indexation of the limits proceeded on 20 September as required by the existing law. My question to Senator Smith this: How does your amendment work with the government's legislation and proposed amendments?

Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Link to this | Hansard source

I thank the senator for his question. I can have great confidence that, with the excellent and professional support of the Senate Procedure Office, the amendments have been drafted to make sure that they sit seamlessly with this particular bill and with the broader social security income management system or income support system.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I have a further question. By way of prefacing that question, our amendment, the one that we are proposing today which has not yet been presented to the Senate for voting on, removes material that would have prevented that annual indexation for 2022. Following indexation on 20 September 2022, the income limits for the Commonwealth Seniors Health Card are currently $61,284 for singles and $98,054 for couples combined. The bill, as amended, will still raise the income limits only to the intended levels of $90,000 for singles and $144,000 for couples combined. The bill includes amendments to both the Social Security Act and the Veterans' Entitlements Act to ensure the same income limits apply for Commonwealth Seniors Health Card holders as provided under each act. Like other Australians, many self-funded retirees are facing increased cost-of-living pressures in the current economic environment. This bill helps to ease those pressures by allowing more self-funded retirees to access Australian government health concessions, including concessions on co-payments for Pharmaceutical Benefits Scheme medicines, the concessional thresholds for the Pharmaceutical Benefits Scheme Safety Net and extended Medicare Safety Nets, and bulk-billed visits to general practitioners. My question to Senator Smith in this context is: is it proposed under your amendment that it only last for 12 months?

Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Link to this | Hansard source

I repeat what I have said, and it's worth reminding people that might be in the chamber or observing on the television that at 11.15 the Senate must move to another term of business: every minute that the government spends asking questions that it knows the answer to, because sitting next to the government are government advisers, delays a vote being put on the opposition's amendments which would allow relief for older Australians today and would allow answers to labour shortage issues for small businesses today. The government is seeking to frustrate and to delay the opportunity for this Senate chamber to vote on amendments that would make life easier for older Australians and for businesses across our country.

We've just had a jobs and skills summit, at the beginning of September. It is now a month later and we still do not see in this Senate chamber any remedy from the government for how to deal with skyrocketing—that is not my word but the Treasurer's word—cost-of-living pressures for older Australians. We still see no remedy from the government that is about the relief that it will offer small and medium-sized businesses across Australia that are suffering severely—not my word but the Treasury's word, which they shared with senators at a committee inquiry last week.

The government is seeking to frustrate what is a very, very reasonable request that the opposition is making on behalf of many older Australians, on behalf of many businesses and on behalf of organisations like the National Farmers Federation, Grain Producers Australia, chambers of commerce and industry in my home state of Western Australia and chambers of commerce and industry in Victoria. The list of organisations in our country that want an answer now about how to better incentivise older Australians to come back into the workforce is endless, and before your very eyes this morning the government is seeking to frustrate. These propositions that are in the form of this amendment have actually been canvassed very, very broadly in the public arena at a Senate committee inquiry and in contributions in this Senate already, and the government is seeking to frustrate this. This is a very, very reasonable—

David Fawcett (SA, Liberal Party) Share this | Link to this | Hansard source

Senator Smith, resume your seat. Senator Pratt, you're being disorderly. Standing order 197 says that senators shall be heard in silence. I ask you to show respect to your fellow senators.

Louise Pratt (WA, Australian Labor Party) Share this | Link to this | Hansard source

That was a very pious response from Senator Smith, in terms of the allegation that the government are the ones frustrating the process here. The government have put this bill forward. This bill is here to amend the income limits for the Commonwealth seniors health card. The bill that amendments the income limits and threshold for pensioner earnings is currently still in the other place, and we're not supposed to actually debate these kinds of issues concurrently. What we have here is a legitimate need for the government to go: 'Right. We've suddenly been lumped with these amendments, and we're canvassing to see what level of support they will get so that we can work out what is going to happen in this place.' We're not here to frustrate the Senate. We're here to be a good government.

The simple fact of the matter is that Senator Smith's amendments belong to the other bill. They don't belong to this bill, which is about lifting the income limit for the Commonwealth seniors health card. It has nothing to do with the income thresholds that affect how much your pension might be discounted depending on how much you work. They're entirely separate questions, which this government—our government, the Labor Party—has rightly chosen to pursue in two different pieces of legislation.

Senator Smith has sought to be the one frustrating this process by moving these amendments to an entirely different bill and landing them on us in this point in time. Given the fact that Senator Smith did in fact have a private member's bill on these very questions, I fully expected him to be diligent in pursuing them. But it's not being diligent in this bill, because it's not relevant to this legislation.

The legislation that it should have been pursuing in terms of proper process is still to come to this place. What happens, for example, if the other place makes amendments on the same legislation that affect the income limits and earning capacity of pensioners? They are still playing with that bill in the other place. They're still debating it and looking at it. It is entirely inappropriate for this Senate now to be at cross-purposes in terms of what the legislative outcome might be. It is simply not sensible to proceed in this way today.

If there is any reason that I had to stand up 10 minutes ago, while we were trying to work out what the opposition's intentions were, and filibuster for a few moments, it might simply have been a legitimate purpose to work out: What is the opposition playing at here? What is the right process for us to go through here? What is the purpose? The simple fact is that the other place is dealing with that legislation. I know it's due to come before them. Is it actually before them?

Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Link to this | Hansard source

No.

Louise Pratt (WA, Australian Labor Party) Share this | Link to this | Hansard source

Yes, it is. Yes, it has been introduced.

Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Link to this | Hansard source

In the last how many minutes?

Louise Pratt (WA, Australian Labor Party) Share this | Link to this | Hansard source

It's been introduced in the other place. That was the plan, for it to be introduced in that place, and I know that because we dealt with the issue in the Labor Party caucus meeting recently. It was the due and proper process. You're going completely at cross-purposes by seeking to move amendments to a different bill that really should be dealt with in the bill that has just come to the other place.

I call on the Greens and I call on those opposite: let's deal with these issues sensibly. Please deal with them sensibly. We cannot and we should not second-guess what is going on in the other place. It is entirely inappropriate that we do that. We have careful protocols in this place to ensure that we wait for a message to go from one place to the other so that when a question is determined it reflects the will and the endorsement of both houses. I'm really not sure what the state of confusion would be if you had an amended, or not amended, bill coming up this way at the same time that this chamber was making a change to an entirely different piece of legislation that intersected with the other bill.

Let's be clear. We're talking about the bill to change the income threshold for pensioner healthcare cards. That is the legislation that is before us today. It is keenly awaited by retirees, who face cost of living pressures because they cannot access the cheaper medicines, for example, that pensioners and other concession cardholders can access. It fits in very nicely, frankly, with this government's decision to lower the price of medicine for all Australians. We are going from $40 a script, where a script is above that amount, down to $30. This is a very good step forward, but for retirees, who are under real income pressure, we are very pleased to be prioritising in this legislation today the needs of retirees and their ability to access more-affordable health care and more-affordable medicine. Instead, we have from the opposition, including Senator Dean Smith, an attempt to subvert the outcome of a bill that is still before the other place and that is still to come to us.

We can't predict whether the other place might make amendments that usurp the amendments that have been moved by Senator Dean Smith on the amount a pensioner can earn before their pension is affected and starts to reduce based on the fact that they have earned $7,800 within 12 months. That is in the legislation before the other place and is due to be lifted to $11,800. What Senator Dean Smith is trying to do is change the income limit here and now in a completely unrelated bill while the House of Representatives is still dealing with that question. It is patently ridiculous for that to be the case. These are separate pieces of legislation, and these amendments should not be moved here and now. That, in and of itself, provides good reason for the Labor Party not to support the amendments, quite apart from the policy questions and our policy position and policy debate on that legislation, which is proceeding with the minister introducing that legislation in the place. That legislation is to be announced and proceeded with in the other place. (Time expired)

Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Link to this | Hansard source

Senator Pratt's contribution was worth listening to. Senator Pratt has exposed the government for its lukeheartedness—

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

Lukewarm.

Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Link to this | Hansard source

Lukewarm, thank you, Senator Ruston—Its lukewarm interest in this issue—

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

And half-hearted.

Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Link to this | Hansard source

and its half-hearted interest in this issue. Why is that? Because if Senator Pratt's contribution is correct then the government has, in the last few moments—in the last few minutes—introduced a bill that is similar to, but not the same as, these amendments. It's similar but different; same-same but different. Why are they different? Because the bill that the government might have just introduced in the House of Representatives comes, remind yourself, a month after it announced the Social Services and Other Legislation Amendment (Lifting the Income Limit for the Commonwealth Seniors Health Card) Bill 2022. The important distinction is this: the government's bill is temporary; these amendments are permanent; and the government's initiative is half as generous. So if you were looking for any evidence of the government's half-heartedness and lukewarm interest in fixing cost-of-living issues for older Australians and meeting the challenges of labour shortages in our country, you have it for yourself. There might just be a bill in the House of Representatives introduced in the last few minutes which shows and demonstrates half-heartedness and a lack of interest.

Senator Pratt says that this is not the right place to put these age-pension income support initiatives. Well, if it can't go in a social security bill, where should it go? It can't go in a defence bill, it can't go in a veterans bill, and it can't go in an ASIC bill or an APRA bill. The bill we are debating—the bill that the government has brought to the Senate—is called the Social Services and Other Legislation Amendment (Lifting the Income Limit for the Commonwealth Seniors Health Card) Bill 2022. This is exactly the place to put a social services initiative. It's exactly the place. Indeed, I wouldn't be surprised if the bill that the government has introduced in the last few minutes in the House of Representatives is called the 'Social Services (Worker Incentive) Bill'. How ludicrous! We have seen it. In the last 45 minutes, the government has decided to delay, to put on the back burner, an initiative that this Senate could have endorsed and would have started to make life easier for older Australians and small to medium-sized businesses.

I acknowledge and thank Senator Rice on behalf of the Australian Greens for supporting this. Two parties support doing more to help older Australians and small businesses: the coalition and the Greens. One party, just recently elected to government, is saying that this is not the time. It is saying this is not the bill—

Louise Pratt (WA, Australian Labor Party) Share this | Link to this | Hansard source

Just wait a couple of days, will you!

Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Link to this | Hansard source

Really? How remarkable. This is the last sitting day until 25 October. Wow. So that place isn't even going to be able to talk about these initiatives until 25 October. This place isn't going to be able to consider these amendments until 25 October. The Labor Party thinks it can play with the livelihoods of older Australians and play with the livelihoods of small to medium-sized businesses across our country. It's remarkable. This is an important and critical issue. Agriculture producers across our country, small businesses, the chambers of commerce, National Seniors Australia, Council on the Ageing and the Antipoverty Centre are all saying that something more must be done for people. This is a modest initiative, but the government is putting maximum effort into delay and frustration.

On 7 September, during question time, Senator Farrell, as the Minister representing the Minister For Social Services, was asked to explain: why is it that the government's initiative is temporary when the coalition's initiative is permanent?

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

What did he say?

Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Link to this | Hansard source

He couldn't explain it, Senator Cash. He couldn't explain it. If I were being given the opportunity to ask Senator Farrell questions this morning, I would be asking him: Where is the government's legislation? Why isn't it in the Senate? Why are older Australians waiting? I would be asking Senator Farrell: why is the Labor government's initiative temporary, when the coalition's initiative is permanent? And I'd be asking Senator Farrell: why is it less generous? These are the questions that I would be asking Senator Farrell.

Progress reported.