Section 105A — Social Security Act 1991: Parenting payment (changes introduced 20 March 1998)

Continuing effect of determinations etc. in force or effective before 20 March 1998 (1) If a determination, notice, statement or other instrument relating to sole parent pension or to parenting allowance was in force or had effect immediately before 20 March 1998, it continues in force on and after that date as if it had been made or given under this Act in relation to parenting payment. Pending claims for sole parent pension or parenting allowance (2) If: (a) a person lodged a claim for sole parent pension or parenting allowance under this Act before 20 March 1998; and (b) the claim was not determined before that date; the claim has effect on and after that date as if it were a claim for parenting payment. Claims made on or after 20 March 1998 in respect of periods before 20 March 1998—sole parent pension and parenting allowance (3) If: (a) a person lodges a claim for sole parent pension or parenting allowance on or after 20 March 1998; and (b) the claim is made in respect of a period commencing before 20 March 1998; the claim has effect as if it had been made immediately before 20 March 1998. Claims made on or after 20 March 1998 in respect of periods before 20 March 1998—parenting payment (4) If: (a) a person lodges a claim for parenting payment on or after 20 March 1998; and (b) the claim is made in respect of a period commencing before 20 March 1998; the claim has effect: (c) as if it had been made immediately before 20 March 1998; and (d) in the case of a person who was not a member of a couple at the beginning of the period in respect of which the claim is made—as if it were a claim for sole parent pension; and (e) in the case of a person who was a member of a couple at the beginning of the period in respect of which the claim is made—as if it were a claim for parenting allowance. Sole parent pension bereavement payment in respect of death of child (5) If, immediately before 20 March 1998: (a) a person was qualified for a payment under Subdivision A of Division 9 of Part 2.6; and (b) the period for which the person was qualified had not yet ended; then: (c) the person remains qualified for that payment on and after 20 March 1998 as if Parts 2.6 and 3.4 as in force immediately before that date were still in force; and (d) subclause (1) (dealing with continuing effect of determinations) does not apply to the person. Sole parent pension bereavement payment in respect of death of pensioner partner (6) If, immediately before 20 March 1998: (a) a person was qualified for a payment under Subdivision B of Division 9 of Part 2.6; and (b) the period for which the person was qualified had not yet ended; then: (c) the person remains qualified for that payment on and after 20 March 1998 as if Parts 2.6 and 3.2 as in force immediately before that date were still in force; and (d) subclause (1) (dealing with continuing effect of determinations) does not apply to the person; and (e) on the day after the end of the period referred to in paragraph (b), the person is taken to have made a claim for parenting payment. Parenting allowance bereavement payment in respect of death of child (7) If, immediately before 20 March 1998: (a) a person was qualified for a payment under Subdivision B of Division 10 of Part 2.18; and (b) the period for which the person was qualified had not yet ended; then: (c) the person remains qualified for that payment on and after 20 March 1998 as if Parts 2.18 and 3.6A as in force immediately before that date were still in force; and (d) subclause (1) (dealing with continuing effect of determinations) does not apply to the person. Parenting allowance bereavement payment in respect of death of partner (8) If, immediately before 20 March 1998: (a) a person was qualified for a payment under Subdivision D or E of Division 10 of Part 2.18; and (b) the period for which the person was qualified had not yet ended; then: (c) the person remains qualified for that payment on and after 20 March 1998 as if Parts 2.18 and 3.6A as in force immediately before that date were still in force; and (d) subclause (1) (dealing with the continuing effect of determinations) does not apply to the person; and (e) on the day after the end of the period referred to in paragraph (b), the person is taken to have made a claim for parenting payment. Pending application for advance payment of sole parent pension (9) If: (a) a person lodged an application for an advance payment of sole parent pension under Part 2.22 before 20 March 1998; and (b) the application was not determined before that date; the application is taken, on and after that date, to be an application for an advance payment of pension PP (single). Saving of certain SPP children (10) If: (a) sole parent pension was payable to a person who was not in Australia immediately before 20 March 1998 in relation to an SPP child; and (b) parenting payment would, but for the operation of section 500F, 500G or 500H, be payable to the person on that date in relation to that child; those sections do not apply to the person in relation to that child until one of the following events occurs: (c) the child ceases to be a PP child of the person because of the operation of a provision other than section 500F, 500G or 500H; (d) parenting payment ceases to be payable to the person; (e) the person becomes a member of a couple; (f) if the person was not an Australian resident on 20 March 1998—the person becomes an Australian resident; (g) if the person was an Australian resident on 20 March 1998—the person returns to Australia. Application: income maintenance period rules (11) The following provisions (dealing with income maintenance periods in relation to continuing employment) as in force on 20 March 1998 apply to a person in respect of a leave period commencing on or after 20 March 1998: (a) point 1067-H5G; (b) point 1067E-G6G; (c) point 1068-G7AG. (12) Subject to subclause (13), point 1068A-E4 (dealing with income maintenance periods in relation to terminated employment) as in force on 20 March 1998 applies to a person in respect of any leave payment received by the person on or after 20 March 1998. (13) If: (a) a determination applying an income maintenance period in relation to a person’s claim for, or payment of, parenting allowance, a social security benefit or youth training allowance was in force on or after 20 September 1997; and (b) pension PP (single) is payable to the person on or after 20 March 1998; point 1068A-E4 applies to the person in respect of any leave payment received by the person on or after 20 September 1997. Saving of certain recipients of sole parent pension and parenting allowance (14) If: (a) sole parent pension or parenting allowance was payable to a person immediately before 20 March 1998; and (b) on 20 March 1998 the person would not, apart from this subclause, qualify for parenting payment because the person does not satisfy the requirements of paragraph 500(1)(d); the person is taken, on and after 20 March 1998, to satisfy the requirements of paragraph 500(1)(d) until: (c) parenting payment ceases to be payable to the person; or (d) the person satisfies the requirements of paragraph 500(1)(d) otherwise than by reason of this subclause. Saving of certain other recipients of sole parent pension (15) If: (a) sole parent pension was payable to a person who was not in Australia immediately before 20 March 1998; and (b) on or after 20 March 1998, the person would not, apart from this subclause, qualify for parenting payment because the person does not satisfy the requirements of either or both of paragraphs 500(1)(b) and (c); the person is taken, on and after 20 March 1998, to satisfy the requirements of both those paragraphs until: (c) parenting payment ceases to be payable to the person; or (d) the person becomes a member of a couple; or (e) if the person was not an Australian resident on 20 March 1998—the person becomes an Australian resident; or (f) if the person was an Australian resident on 20 March 1998—the person returns to Australia. (16) In relation to a person who is receiving parenting payment because of the application of subclause (15) and Part 4.2 of this Act, as in force immediately before 20 March 1998, apply to the person on and after 20 March 1998. These provisions apply to the person as if references to sole parent pension were references to pension PP (single). Saving of persons receiving sole parent pension under scheduled international social security agreement (17) If: (a) a sole parent pension was payable to a person immediately before 20 March 1998 under a scheduled international social security agreement; and (b) the person is not a member of a couple; and (c) on 20 March 1998, the person would qualify for parenting payment but for the operation of any of the following: (i) paragraph 500(1)(b) or (c); (ii) subparagraph 500(1)(d)(ii) to the extent it requires a person to have been in Australia for the period specified in that subparagraph; (iii) section 500F, 500G or 500H; then, on and after 20 March 1998: (d) the provisions referred to in paragraph (c) do not apply to the person; and (e) if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement. (18) Subclause (17) applies to a person until: (a) parenting payment ceases to be payable to the person; or (b) the person satisfies the provisions referred to in paragraph (17)(c).