Document ID: chunk:federal_register_of_legislation:C2009A00060:clause:17_9
Version: federal_register_of_legislation:C2009A00060
Segment Type: clause
Provision Reference: sch 17 cl 9
Character Range: 162583–164996

9  Section 44‑26
Repeal the section, substitute:

44‑26  The care recipient's total assessable income free area

General rule
 (1) The total assessable income free area for a care recipient (other than a *protected resident or a *phased resident) is the sum of:
 (a) the amount worked out by applying point 1064‑B1 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991; and
 (b) the amount worked out under point 1064‑BA4 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991; and
 (c) the amount worked out by applying point 1064‑E4 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991.

Protected residents
 (2) The total assessable income free area for a care recipient who is a *protected resident is the sum of:
 (a) the amount worked out by applying old point 1064‑B1; and
 (b) the amounts referred to in paragraphs (1)(b) and (c).
Note: Old point 1064‑B1 is defined in subsection (6).

Phased residents
 (3) The total assessable income free area for a care recipient who is a *phased resident is:
 (a) if the calculation is in respect of the period 20 September 2009 to 19 March 2010 (inclusive)—the sum of:
 (i) the amount worked out by applying old point 1064‑B1; and
 (ii) the amounts referred to in paragraphs (1)(b) and (c); or
 (b) if the calculation is in respect of a period (the relevant period) referred to in the table in subsection (5)—the sum of:
 (i) the amount worked out by applying old point 1064‑B1; and
 (ii) the amount for the relevant period worked out in accordance with subsection (4) (rounded to the nearest cent); and
 (iii) the amounts referred to in paragraphs (1)(b) and (c).
 (4) For the purposes of subparagraph (3)(b)(ii), the amount for the relevant period is the applicable percentage, for that period, of the amount that is the difference between:
 (a) the amount worked out by applying point 1064‑B1 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991, as that point has effect in that period; and
 (b) the amount worked out by applying old point 1064‑B1.
 (5) The applicable percentage for a relevant period is as set out in the following table:

Total assessable income free area—phased residents
Item                                                If the relevant period is ...                   the applicable percentage is ...