Document ID: chunk:federal_register_of_legislation:C2004A04145:body:0:p10
Version: federal_register_of_legislation:C2004A04145
Segment Type: other
Provision Reference: 
Character Range: 21411–24349

Subclause (1) stops applying to the person's pension if the amount payable under that subclause to the person controlling the benevolent home equals or exceeds the pensioner contribution that would otherwise be payable to that person under section 60, 113, 274 or 381 of this Act.

Dependent child—pension, benefit and Labour Force Program recipients (changes introduced on 1 November 1984)

  23. (1) If:

  (a) immediately before 1 November 1984:

         (i) one person (in this subclause called the "adult") was receiving family allowance; and

         (ii) another person (in this subclause called the "child") was receiving:

             (a) a social security pension or benefit; or

             (b) payments under a program in the Labour Force Program; and

  (b) at all times since 1 November 1984:

       (i) the adult has continued to receive family allowance; and

         (ii) the child has continued to receive a pension, benefit or payments of a kind referred to in subparagraph (a) (ii);

subsection 5 (6) of this Act does not operate to prevent the child being a dependent child for the purposes of working out:

     (c)     whether the adult is qualified for a pension, benefit or allowance under this Act; or

     (d)     the rate at which a pension, benefit or allowance under this Act is payable to the adult.

SCHEDULE 1—continued

  (2) If:

  (a) immediately before 1 November 1984:

         (i) one person (in this subclause called the "adult") was receiving double orphan's pension; and

         (ii) another person (in this subclause called the "child") was receiving:

             (a) a social security pension or benefit; or

             (b) payments under a program in the Labour Force Program; and

  (b) at all times since 1 November 1984:

         (i) the adult has continued to receive the double orphan's pension; and

         (ii) the child has continued to receive a pension, benefit or payment of a kind referred to in subparagraph (a) (ii);

subsection 5 (6) of this Act does not operate to prevent the child being a dependent child for the purposes of working out:

    (c)     whether the adult is qualified for a pension, benefit or allowance under this Act; or

    (d)     the rate at which a pension, benefit or allowance under this Act is payable to the adult.

  (3) If:

  (a) immediately before 1 November 1984:

         (i) one person (in this subclause called the "adult") was receiving handicapped child's allowance; and

         (ii) another person (in this subclause called the "child") was receiving:

             (a) a social security pension or benefit; or

             (b) payments under a program in the Labour Force Program; and

  (b) at all times since 1 November 1984:

         (i) the adult has continued to receive the handicapped child's allowance or child disability allowance; and

         (ii) the child has continued to receive a pension, benefit or