Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p53
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 136138–138973

not a recoverable amount unless it was reasonable for the carer to know that the estimate was incorrect, that the assessment of the care receiver's income had been amended or that the care receiver should have told the Department or an officer of the occurrence, or the likelihood of the occurrence, of the notifiable event (as the case requires).".

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                        SCHEDULE 7 Subsection 3(1)

AMENDMENT OF THE VETERANS' ENTITLEMENTS ACT 1986 IN RELATION TO ADVANCE PAYMENTS OF PENSIONS

1. Subsection 5H(8):

Add at the end:

"(zl) an advance payment of pension under Part IIID.".

2. Subsection 36A(2):

Omit "subsection (3)", substitute "subsections (3) and (4)".

3. Section 36A:

Add at the end:

"(4) Subsection (2) does not apply to a veteran if the veteran's rate is nil merely because of the operation of Part IIID.".

4. Subsection 37A(2):

Omit "subsection (3)", substitute "subsections (3) and (4)".

5. Section 37A:

Add at the end:

"(4) Subsection (2) does not apply to a veteran if the veteran's rate is nil merely because of the operation of Part IIID.".

6. Subsection 38A(2):

Omit "subsection (3)", substitute "subsections (3) and (4)".

7. Section 38A:

Add at the end:

"(4) Subsection (2) does not apply to a person if the person's rate is nil merely because of the operation of Part IIID.".

8. Subsection 39A(2):

Omit "subsection (3)", substitute "subsections (3) and (4)".

9 Section 39A:

Add at the end:

"(4) Subsection (2) does not apply to a person if the person's rate is nil merely because of the operation of Part IIID.".

10. After paragraph 40(1)(c):

Insert:

"(ca) take away any advance payment deductions;".

SCHEDULE 7—continued

11. Point 41-A1 (Step 8 of Method statement):

Omit, substitute:

       "Step 8. Compare the income reduced rate and the assets reduced rate: the lower of the 2 rates, or the income reduced rate if the rates are equal, is the conditional payment rate.

       Step 9. The rate of pension is the difference between:

         (a) the conditional payment rate; and

         (b) any advance payment deduction (see Division 6 of Part IIID);

       plus any amount per year payable by way of remote area allowance (see MODULE G below).".

12. Point 41-G1:

  (a) Omit "either" from paragraph (aa), substitute "one of the following subparagraphs applies".

  (b) Omit "and" from sub-subparagraph (B) of subparagraph (ii) of paragraph (aa), substitute "or".

  (c) After subparagraph (ii) of paragraph (aa) insert:

        "(iii) the person's rate of pension apart from this point is nil merely because of the operation of Part IIID; and".

13. Point 42-A1 (Step 11 of Method statement):

  Omit, substitute:

        "Step 11. Compare the income reduced rate and the assets reduced rate: the lower of the 2 rates, or the income reduced rate