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SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT 2024

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ISB Act 2024-07-15

Schedule 1 SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT 2024 Open official source

SCHEDULE Section 14 Reference Reference (1) Provision Amended (2) Extent of Amendment (3) 1. Section 4 (a) In paragraph (a) of subsection (4), by the insertion of— (i) “62(12),” after “62(7),”, and (ii) “68KC, 68KE(6), 68KF(4),” after “68C,”. (b) In subsection (5), by the insertion of “68KC(1)(a) or (b), 68KC(2), 68KD(2), 68KE(6), 68KF(5),” after “64(5),”. 2. Section 7 In paragraph (g) of subsection (2), by the substitution of “jobseeker’s benefit, jobseeker’s benefit (self-employed) or jobseeker’s pay-related benefit, any of which would” for “jobseeker’s benefit or jobseeker’s benefit (self-employed) which would”. 3. Section 25 In subsection (4), by the insertion of “jobseeker’s pay-related benefit,” after “jobseeker’s benefit,”. 4. Section 39 In subsection (1), by the insertion of the following paragraph after paragraph (ea): “(eaa) jobseeker’s pay-related benefit,”. 5. Section 40 In subsection (2A), by the substitution of “jobseeker’s benefit, jobseeker’s allowance or jobseeker’s pay-related benefit” for “jobseeker’s benefit or jobseeker’s allowance”. 6. Section 140 By the insertion of the following subsection after subsection (2): “(2A) Notwithstanding subsection (2) and Rule 1(1) of Part 2 of Schedule 3, in this Chapter any amount of jobseeker’s pay-related benefit payable under Chapter 12AA of Part 2 to the spouse, civil partner or cohabitant of a claimant for jobseeker’s allowance shall be treated as if it were means.”. 7. Section 141 (a) In subsection (2)(d), by the substitution of “section 2(2)(a), or where the spouse, civil partner or cohabitant is in receipt of jobseeker’s pay-related benefit,” for “section 2(2)(a),”. (b) By the insertion of the following subsection after subsection (3C): “(3D) Where, in any applicable week (within the meaning of Chapter 12AA)— (a) a person is entitled to jobseeker’s allowance in respect of 7 days of unemployment, the person shall be deemed for the purposes of section 68KF(2)(a)(i) to have been paid jobseeker’s pay-related benefit in respect of 6 days of unemployment, and (b) a person is entitled to jobseeker’s allowance in respect of less than 7 days of unemployment, the person shall be deemed for the purposes of section 68KF(2)(a)(i) to have been paid jobseeker’s pay-related benefit in respect of 6 days of unemployment, less the number of days in that applicable week that do not form part of a continuous period of unemployment.”. (c) In subsection (8)— (i) by the substitution of “jobseeker’s benefit, jobseeker’s benefit (self-employed) or jobseeker’s pay-related benefit” for “jobseeker’s benefit or jobseeker’s benefit (self-employed)”, (ii) in paragraph (a), by the substitution of “67, 68H or 68KF, or regulations under section 68KF” for “67 or 68H”, and (iii) in paragraph (b), by the substitution of “64(1)(b), 68D(1)(b) or 68KD(1)(b)” for “64(1)(b) or 68D(1)(b)”. 8. Section 142 In subparagraph (i) of paragraph (a) of subsection (1), by the substitution of “jobseeker’s benefit, jobseeker’s allowance or jobseeker’s pay-related benefit” for “jobseeker’s benefit or jobseeker’s allowance”. 9. Section 144 By the insertion of the following paragraphs after paragraph (b) of subsection (2): “(c) Notwithstanding any other provision in this Chapter, where one of a couple is entitled to jobseeker’s pay-related benefit and the other is entitled to jobseeker’s allowance, the total of the amount payable to them by way of jobseeker’s pay-related benefit and jobseeker’s allowance combined shall not be less than the total amount of jobseeker’s allowance (including any increases thereof, where appropriate) that would be payable if only one of the couple were in receipt of a payment in respect of jobseeker’s allowance. (d) Where means other than jobseeker’s pay-related benefit are assessed for the purposes of this Chapter, paragraph (c) shall not apply in respect of such other means.”. 10. Section 147 By the substitution of the following subsection for subsection (6): “(6) Jobseeker’s allowance shall not be payable in respect of the same day or days as any of the following benefits: (a) jobseeker’s benefit; (b) jobseeker’s benefit (self-employed); (c) jobseeker’s pay-related benefit.”. 11. Section 186A In subparagraph (ii) of paragraph (d) of subsection (5), by the substitution of “jobseeker’s benefit (self-employed), jobseeker’s allowance or jobseeker’s pay-related benefit,” for “jobseeker’s benefit (self-employed) or jobseeker’s allowance,”. 12. Section 213 By the insertion of the following subsection after subsection (2): “(3) Notwithstanding subsection (2) and Rule 1(1) of Part 2 of Schedule 3, in this Chapter any amount of jobseeker’s pay-related benefit payable under Chapter 12AA of Part 2 to the spouse, civil partner or cohabitant of a claimant for farm assist shall be treated as if it were means.”. 13. Section 214(2) By the substitution of “section 2(2)(a), or where the spouse, civil partner or cohabitant is in receipt of jobseeker’s pay related benefit,” for “section 2(2)(a),”. 14. Section 217 By the insertion of the following subsections after subsection (1): “(1A) Notwithstanding any other provision in this Chapter, where one of a couple is entitled to jobseeker’s pay related benefit and the other is entitled to farm assist, the total of the amount payable to them by way of jobseeker’s pay-related benefit and farm assist combined shall not be less than the total amount of farm assist (including any increases thereof, where appropriate) that would be payable if only one of the couple were in receipt of a payment in respect of jobseeker’s allowance. (1B) Where means other than jobseeker’s pay-related benefit are assessed for the purposes of this Chapter, subsection (1A) shall not apply in respect of such other means.”. 15. Section 225 In paragraph (b) of subsection (2), by the substitution of “jobseeker’s benefit (self-employed), jobseeker’s allowance or jobseeker’s pay-related benefit” for “jobseeker’s benefit (self-employed) or jobseeker’s allowance”. 16. Section 233 (a) In subsection (1), by the substitution of “jobseeker’s benefit (self-employed), jobseeker’s allowance or jobseeker’s pay related benefit” for “jobseeker’s benefit (self-employed) or jobseeker’s allowance”. (b) In paragraph (a) of subsection (2), by the substitution of “jobseeker’s benefit (self employed), jobseeker’s allowance or jobseeker’s pay-related benefit” for “jobseeker’s benefit (self-employed) or jobseeker’s allowance”. 17. Section 238B(1)(c) (a) By the substitution of “immediately before that date,” for “immediately before that date, or”, (b) By the substitution of “immediately before that date, or” for “immediately before that date, and”, and (c) By the insertion of the following subparagraph after the second subparagraph (ii): “(iii) a number of days such that when combined with days spent in receipt of jobseeker’s pay-related benefit the total shall not be less than 312 days, of which not less than 156 days of unemployment have occurred in the 12 month period commencing immediately before that date, and”. 18. Section 241 In subsection (2)(c), by the substitution of “jobseeker’s benefit (self-employed), jobseeker’s pay-related benefit,” for “jobseeker’s benefit (self-employed),”. 19. Section 244 In subparagraph (i) of paragraph (c) of subsection (1), by the insertion of “jobseeker’s pay-related benefit,” after “jobseeker’s benefit (self-employed),”. 20. Section 247 In subsection (6), by the insertion of the following paragraph after paragraph (c): “(ca) jobseeker’s pay-related benefit,”. 21. Section 248 In subsection (1), in the definition of “benefit”, by the insertion of the following paragraph after paragraph (ba): “(baa) jobseeker’s pay-related benefit,”. 22. Section 274A (a) In subsection (1), by the substitution of “68C, 68KB or 141” for “68C or 141,”. (b) In subsection (2), by the substitution of “68C, 68KB or 141” for “68C or 141”. 23. Section 331 By the substitution of “jobseeker’s allowance or under section 68KI(1) for receipt of jobseeker’s pay-related benefit,” for “jobseeker’s allowance,”. 24. Section 332 In paragraph (b) of subsection (1)— (a) by the substitution of “section 68(1) or under section 68KI(1) or under section 147(2)” for “section 68(1) or under section 147(2)”, and (b) by the substitution of “jobseeker’s benefit, jobseeker’s allowance or jobseeker’s pay related benefit” for “jobseeker’s benefit or jobseeker’s allowance”. 25. Schedule 5A In paragraph 1, by the insertion of the following subparagraph after subparagraph (b): “(ba) jobseeker’s pay-related benefit;”.

SCHEDULE

Section 14

Reference

Reference (1)

Reference

(1)

Provision Amended (2)

Provision Amended

(2)

Extent of Amendment (3)

Extent of Amendment

(3)

Section 4

(a) In paragraph (a) of subsection (4), by the insertion of— (i) “62(12),” after “62(7),”, and (ii) “68KC, 68KE(6), 68KF(4),” after “68C,”. (b) In subsection (5), by the insertion of “68KC(1)(a) or (b), 68KC(2), 68KD(2), 68KE(6), 68KF(5),” after “64(5),”.

(a) In paragraph (a) of subsection (4), by the insertion of—

(i) “62(12),” after “62(7),”, and

(ii) “68KC, 68KE(6), 68KF(4),” after “68C,”.

(b) In subsection (5), by the insertion of “68KC(1)(a) or (b), 68KC(2), 68KD(2), 68KE(6), 68KF(5),” after “64(5),”.

Section 7

In paragraph (g) of subsection (2), by the substitution of “jobseeker’s benefit, jobseeker’s benefit (self-employed) or jobseeker’s pay-related benefit, any of which would” for “jobseeker’s benefit or jobseeker’s benefit (self-employed) which would”.

Section 25

In subsection (4), by the insertion of “jobseeker’s pay-related benefit,” after “jobseeker’s benefit,”.

Section 39

In subsection (1), by the insertion of the following paragraph after paragraph (ea): “(eaa) jobseeker’s pay-related benefit,”.

In subsection (1), by the insertion of the following paragraph after paragraph (ea)

“(eaa) jobseeker’s pay-related benefit,”.

Section 40

In subsection (2A), by the substitution of “jobseeker’s benefit, jobseeker’s allowance or jobseeker’s pay-related benefit” for “jobseeker’s benefit or jobseeker’s allowance”.

Section 140

By the insertion of the following subsection after subsection (2): “(2A) Notwithstanding subsection (2) and Rule 1(1) of Part 2 of Schedule 3, in this Chapter any amount of jobseeker’s pay-related benefit payable under Chapter 12AA of Part 2 to the spouse, civil partner or cohabitant of a claimant for jobseeker’s allowance shall be treated as if it were means.”.

By the insertion of the following subsection after subsection (2)

“(2A) Notwithstanding subsection (2) and Rule 1(1) of Part 2 of Schedule 3, in this Chapter any amount of jobseeker’s pay-related benefit payable under Chapter 12AA of Part 2 to the spouse, civil partner or cohabitant of a claimant for jobseeker’s allowance shall be treated as if it were means.”.

Section 141

(a) In subsection (2)(d), by the substitution of “section 2(2)(a), or where the spouse, civil partner or cohabitant is in receipt of jobseeker’s pay-related benefit,” for “section 2(2)(a),”. (b) By the insertion of the following subsection after subsection (3C): “(3D) Where, in any applicable week (within the meaning of Chapter 12AA)— (a) a person is entitled to jobseeker’s allowance in respect of 7 days of unemployment, the person shall be deemed for the purposes of section 68KF(2)(a)(i) to have been paid jobseeker’s pay-related benefit in respect of 6 days of unemployment, and (b) a person is entitled to jobseeker’s allowance in respect of less than 7 days of unemployment, the person shall be deemed for the purposes of section 68KF(2)(a)(i) to have been paid jobseeker’s pay-related benefit in respect of 6 days of unemployment, less the number of days in that applicable week that do not form part of a continuous period of unemployment.”. (c) In subsection (8)— (i) by the substitution of “jobseeker’s benefit, jobseeker’s benefit (self-employed) or jobseeker’s pay-related benefit” for “jobseeker’s benefit or jobseeker’s benefit (self-employed)”, (ii) in paragraph (a), by the substitution of “67, 68H or 68KF, or regulations under section 68KF” for “67 or 68H”, and (iii) in paragraph (b), by the substitution of “64(1)(b), 68D(1)(b) or 68KD(1)(b)” for “64(1)(b) or 68D(1)(b)”.

(b) By the insertion of the following subsection after subsection (3C)

“(3D) Where, in any applicable week (within the meaning of Chapter 12AA)—

(a) a person is entitled to jobseeker’s allowance in respect of 7 days of unemployment, the person shall be deemed for the purposes of section 68KF(2)(a)(i) to have been paid jobseeker’s pay-related benefit in respect of 6 days of unemployment, and

(b) a person is entitled to jobseeker’s allowance in respect of less than 7 days of unemployment, the person shall be deemed for the purposes of section 68KF(2)(a)(i) to have been paid jobseeker’s pay-related benefit in respect of 6 days of unemployment, less the number of days in that applicable week that do not form part of a continuous period of unemployment.”.

(i) by the substitution of “jobseeker’s benefit, jobseeker’s benefit (self-employed) or jobseeker’s pay-related benefit” for “jobseeker’s benefit or jobseeker’s benefit (self-employed)”,

(ii) in paragraph (a), by the substitution of “67, 68H or 68KF, or regulations under section 68KF” for “67 or 68H”, and

(iii) in paragraph (b), by the substitution of “64(1)(b), 68D(1)(b) or 68KD(1)(b)” for “64(1)(b) or 68D(1)(b)”.

Section 142

In subparagraph (i) of paragraph (a) of subsection (1), by the substitution of “jobseeker’s benefit, jobseeker’s allowance or jobseeker’s pay-related benefit” for “jobseeker’s benefit or jobseeker’s allowance”.

Section 144

By the insertion of the following paragraphs after paragraph (b) of subsection (2): “(c) Notwithstanding any other provision in this Chapter, where one of a couple is entitled to jobseeker’s pay-related benefit and the other is entitled to jobseeker’s allowance, the total of the amount payable to them by way of jobseeker’s pay-related benefit and jobseeker’s allowance combined shall not be less than the total amount of jobseeker’s allowance (including any increases thereof, where appropriate) that would be payable if only one of the couple were in receipt of a payment in respect of jobseeker’s allowance. (d) Where means other than jobseeker’s pay-related benefit are assessed for the purposes of this Chapter, paragraph (c) shall not apply in respect of such other means.”.

By the insertion of the following paragraphs after paragraph (b) of subsection (2)

“(c) Notwithstanding any other provision in this Chapter, where one of a couple is entitled to jobseeker’s pay-related benefit and the other is entitled to jobseeker’s allowance, the total of the amount payable to them by way of jobseeker’s pay-related benefit and jobseeker’s allowance combined shall not be less than the total amount of jobseeker’s allowance (including any increases thereof, where appropriate) that would be payable if only one of the couple were in receipt of a payment in respect of jobseeker’s allowance.

(d) Where means other than jobseeker’s pay-related benefit are assessed for the purposes of this Chapter, paragraph (c) shall not apply in respect of such other means.”.

10.

Section 147

By the substitution of the following subsection for subsection (6): “(6) Jobseeker’s allowance shall not be payable in respect of the same day or days as any of the following benefits: (a) jobseeker’s benefit; (b) jobseeker’s benefit (self-employed); (c) jobseeker’s pay-related benefit.”.

By the substitution of the following subsection for subsection (6)

“(6) Jobseeker’s allowance shall not be payable in respect of the same day or days as any of the following benefits

(a) jobseeker’s benefit;

(b) jobseeker’s benefit (self-employed);

11.

Section 186A

In subparagraph (ii) of paragraph (d) of subsection (5), by the substitution of “jobseeker’s benefit (self-employed), jobseeker’s allowance or jobseeker’s pay-related benefit,” for “jobseeker’s benefit (self-employed) or jobseeker’s allowance,”.

12.

Section 213

By the insertion of the following subsection after subsection (2): “(3) Notwithstanding subsection (2) and Rule 1(1) of Part 2 of Schedule 3, in this Chapter any amount of jobseeker’s pay-related benefit payable under Chapter 12AA of Part 2 to the spouse, civil partner or cohabitant of a claimant for farm assist shall be treated as if it were means.”.

By the insertion of the following subsection after subsection (2)

“(3) Notwithstanding subsection (2) and Rule 1(1) of Part 2 of Schedule 3, in this Chapter any amount of jobseeker’s pay-related benefit payable under Chapter 12AA of Part 2 to the spouse, civil partner or cohabitant of a claimant for farm assist shall be treated as if it were means.”.

13.

Section 214(2)

By the substitution of “section 2(2)(a), or where the spouse, civil partner or cohabitant is in receipt of jobseeker’s pay related benefit,” for “section 2(2)(a),”.

14.

Section 217

By the insertion of the following subsections after subsection (1): “(1A) Notwithstanding any other provision in this Chapter, where one of a couple is entitled to jobseeker’s pay related benefit and the other is entitled to farm assist, the total of the amount payable to them by way of jobseeker’s pay-related benefit and farm assist combined shall not be less than the total amount of farm assist (including any increases thereof, where appropriate) that would be payable if only one of the couple were in receipt of a payment in respect of jobseeker’s allowance. (1B) Where means other than jobseeker’s pay-related benefit are assessed for the purposes of this Chapter, subsection (1A) shall not apply in respect of such other means.”.

By the insertion of the following subsections after subsection (1)

“(1A) Notwithstanding any other provision in this Chapter, where one of a couple is entitled to jobseeker’s pay related benefit and the other is entitled to farm assist, the total of the amount payable to them by way of jobseeker’s pay-related benefit and farm assist combined shall not be less than the total amount of farm assist (including any increases thereof, where appropriate) that would be payable if only one of the couple were in receipt of a payment in respect of jobseeker’s allowance.

(1B) Where means other than jobseeker’s pay-related benefit are assessed for the purposes of this Chapter, subsection (1A) shall not apply in respect of such other means.”.

15.

Section 225

In paragraph (b) of subsection (2), by the substitution of “jobseeker’s benefit (self-employed), jobseeker’s allowance or jobseeker’s pay-related benefit” for “jobseeker’s benefit (self-employed) or jobseeker’s allowance”.

16.

Section 233

(a) In subsection (1), by the substitution of “jobseeker’s benefit (self-employed), jobseeker’s allowance or jobseeker’s pay related benefit” for “jobseeker’s benefit (self-employed) or jobseeker’s allowance”. (b) In paragraph (a) of subsection (2), by the substitution of “jobseeker’s benefit (self employed), jobseeker’s allowance or jobseeker’s pay-related benefit” for “jobseeker’s benefit (self-employed) or jobseeker’s allowance”.

(b) In paragraph (a) of subsection (2), by the substitution of “jobseeker’s benefit (self employed), jobseeker’s allowance or jobseeker’s pay-related benefit” for “jobseeker’s benefit (self-employed) or jobseeker’s allowance”.

17.

Section 238B(1)(c)

(a) By the substitution of “immediately before that date,” for “immediately before that date, or”, (b) By the substitution of “immediately before that date, or” for “immediately before that date, and”, and (c) By the insertion of the following subparagraph after the second subparagraph (ii): “(iii) a number of days such that when combined with days spent in receipt of jobseeker’s pay-related benefit the total shall not be less than 312 days, of which not less than 156 days of unemployment have occurred in the 12 month period commencing immediately before that date, and”.

(a) By the substitution of “immediately before that date,” for “immediately before that date, or”,

(b) By the substitution of “immediately before that date, or” for “immediately before that date, and”, and

“(iii) a number of days such that when combined with days spent in receipt of jobseeker’s pay-related benefit the total shall not be less than 312 days, of which not less than 156 days of unemployment have occurred in the 12 month period commencing immediately before that date, and”.

18.

Section 241

In subsection (2)(c), by the substitution of “jobseeker’s benefit (self-employed), jobseeker’s pay-related benefit,” for “jobseeker’s benefit (self-employed),”.

19.

Section 244

In subparagraph (i) of paragraph (c) of subsection (1), by the insertion of “jobseeker’s pay-related benefit,” after “jobseeker’s benefit (self-employed),”.

20.

Section 247

In subsection (6), by the insertion of the following paragraph after paragraph (c): “(ca) jobseeker’s pay-related benefit,”.

In subsection (6), by the insertion of the following paragraph after paragraph (c)

“(ca) jobseeker’s pay-related benefit,”.

21.

Section 248

In subsection (1), in the definition of “benefit”, by the insertion of the following paragraph after paragraph (ba): “(baa) jobseeker’s pay-related benefit,”.

In subsection (1), in the definition of “benefit”, by the insertion of the following paragraph after paragraph (ba)

“(baa) jobseeker’s pay-related benefit,”.

22.

Section 274A

(a) In subsection (1), by the substitution of “68C, 68KB or 141” for “68C or 141,”. (b) In subsection (2), by the substitution of “68C, 68KB or 141” for “68C or 141”.

(a) In subsection (1), by the substitution of “68C, 68KB or 141” for “68C or 141,”.

(b) In subsection (2), by the substitution of “68C, 68KB or 141” for “68C or 141”.

23.

Section 331

By the substitution of “jobseeker’s allowance or under section 68KI(1) for receipt of jobseeker’s pay-related benefit,” for “jobseeker’s allowance,”.

24.

Section 332

In paragraph (b) of subsection (1)— (a) by the substitution of “section 68(1) or under section 68KI(1) or under section 147(2)” for “section 68(1) or under section 147(2)”, and (b) by the substitution of “jobseeker’s benefit, jobseeker’s allowance or jobseeker’s pay related benefit” for “jobseeker’s benefit or jobseeker’s allowance”.

In paragraph (b) of subsection (1)—

(a) by the substitution of “section 68(1) or under section 68KI(1) or under section 147(2)” for “section 68(1) or under section 147(2)”, and

(b) by the substitution of “jobseeker’s benefit, jobseeker’s allowance or jobseeker’s pay related benefit” for “jobseeker’s benefit or jobseeker’s allowance”.

25.

Schedule 5A

In paragraph 1, by the insertion of the following subparagraph after subparagraph (b): “(ba) jobseeker’s pay-related benefit;”.

In paragraph 1, by the insertion of the following subparagraph after subparagraph (b)

“(ba) jobseeker’s pay-related benefit;”.

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT 2024

Statutory Text (1 Articles)

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