Document ID: chunk:federal_register_of_legislation:C2025C00162:section:198n:p2
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 198N (pt 2/5)
Character Range: 618039–620756

the higher ADAT score adult's taxable income for the current financial year under subsection 198B(3); and
 (d) the Secretary accepts the estimate under subsection 198B(4);
subsections (2), (3), (4), (5) and (6) have effect.

Application by lower ADAT score adult
 (1B) If:
 (a) subparagraph 198(5)(d)(i) would disqualify from carer payment a person caring for care receivers who are a lower ADAT score adult and a dependent child; and
 (b) the lower ADAT score adult lodges with the Department, in a form approved by the Secretary, a request that the carer not be disqualified by that subparagraph; and
 (c) the request includes written estimates of the taxable incomes of the lower ADAT score adult and the dependent child under subsection 198B(3); and
 (d) the Secretary accepts the estimate under subsection 198B(4);
subsections (2), (3), (4), (5) and (6) have effect.

Failing assets test but passing special income test
 (2) The Secretary may decide that subparagraph 197B(4)(d)(i), 197C(4)(d)(i), 197D(4)(d)(i), 197E(5)(d)(i) or 198(5)(d)(i) does not disqualify the person from carer payment if:
 (a) the value of the assets of the care receiver or the sum of the values of the assets of the care receivers is more than $410,000 but not more than $608,500; and
 (b) the value of the liquid assets of the care receiver, or the sum of the values of the liquid assets of the care receivers, is less than the liquid assets limit; and
 (c) the amount of the accepted estimated taxable income of the care receiver, or the sum of the amounts of the accepted estimated taxable incomes of the care receivers, for the current financial year is less than the threshold amount worked out under subsection (6).
Note 1: The amounts specified in paragraph (2)(a) are indexed each year on 1 January (see sections 1190 and 1191).
Note 2: For calculating the value of assets and liquid assets, see paragraph (5)(a).
Note 3: For liquid assets see subsection 19B(1).
Note 4: For liquid assets limit see paragraph (5)(b).
Note 5: For accepted estimated taxable income see subsection 198B(5).

Failing assets and special income tests
 (3) The Secretary may decide that subparagraph 197B(4)(d)(i), 197C(4)(d)(i), 197D(4)(d)(i), 197E(5)(d)(i) or 198(5)(d)(i) does not disqualify the person from carer payment if the value of the assets of the care receiver, or the sum of the values of the assets of the care receivers, is more than $410,000 and not more than $608,500 and:
 (a) the value of the liquid assets of the care receiver, or the sum of the values of the liquid assets of the care receivers, is equal to or greater than the liquid assets limit; or
 (b) the amount of the accepted estimated taxable income of the care receiver,