Document ID: chunk:federal_register_of_legislation:F2025C00071:reg:60:p1
Version: federal_register_of_legislation:F2025C00071
Segment Type: reg
Provision Reference: reg 60 (pt 1/2)
Character Range: 81349–84053

60  Eligibility for hardship supplement—determination by Secretary
 (1) For subsection 44‑31(2) of the Act, this section sets out the matters the Secretary must have regard to in deciding whether to determine that a care recipient is eligible for a hardship supplement.
 (2) The Secretary must not determine that a care recipient is eligible for a hardship supplement if:
 (a) the care recipient's means have not been assessed in accordance with the Act; or
 (b) the value of the care recipient's assets (worked out under section 44‑26A of the Act and section 47 of these principles) is more than 1.5 times the sum of the annual amount of the following (worked out under the Social Security Act):
 (i) the basic age pension amount;
 (ii) the pension supplement amount;
 (iii) the clean energy supplement amount; or
 (c) the care recipient has gifted:
 (i) more than $10 000 in the previous 12 months; or
 (ii) more than $30 000 in the previous 5 years.
Note: Basic age pension amount is defined in clause 1 of Schedule 1 to the Act.
 (3) For paragraph (2)(b), in determining the value of the care recipient's assets for this section, unrealisable assets are not to be included.
Note: Unrealisable asset is defined in section 4.
 (4) In deciding whether to determine that a care recipient is eligible for a hardship supplement, the Secretary may have regard to the following matters:
 (a) the care recipient's total assessable income (worked out under section 44‑24 of the Act and section 41 of these principles);
 (b) whether the amount of income available to the care recipient after expenditure on essential expenses is less than 15% of the basic age pension amount;
 (c) the financial arrangements of the care recipient;
 (d) the care recipient's entitlement to income support:
 (i) under the Social Security Act; or
 (ii) under the Veterans' Entitlements Act; or
 (iii) from any other source;
 (e) whether the care recipient has taken steps to obtain information about his or her entitlement to pension, benefit or other income support payments;
 (f) whether the care recipient has access to financial assistance:
 (i) under section 1129 of the Social Security Act (relating to access to financial hardship rules for pensions); or
 (ii) under the pension loans scheme under Division 4 of Part 3.12 of the Social Security Act; or
 (iii) from any other source;
 (g) whether any income of the care recipient is income that he or she does not reasonably have access to;
 (h) whether there is a charge on the care recipient's income over which the payment of resident fees cannot practically take precedence;
 (i) whether the care recipient is in Australia on a temporary basis;
 (j) any other matters the