Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p33
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 79191–81842

in receipt of a prescribed pension (other than a benefit) the maximum rate of which is calculated by reference to rent paid or payable.
"(7) Subject to subsection (8), where this subsection applies to a person, the maximum rate of benefit applicable to the person shall be increased by:

    (a) 50% of the amount by which the weekly rent paid or payable by the person exceeds $15; or
    (b) $15;
whichever is the lesser.
"(8) Where subsection (5) or (7) applies to a married person whose spouse:
    (a) is living with the person in their home; and
    (b) is also a person to whom that subsection applies;
the amount of any increase in the rate of benefit applicable to the person under that subsection shall be reduced by 50%.
"(9) Where:
    (a) subsection (5) or (7) applies to a married person whose spouse is not receiving a prescribed pension; and
    (b) the Secretary is satisfied that:
       (i) the living expenses of the person and of his or her spouse are, or are likely to be, greater than they otherwise would be because they are unable, as a result of illness or infirmity, to live together in a matrimonial home; and
       (ii) the inability is likely to continue indefinitely;
the amount of any increase in the rate of benefit applicable on or after 1 February 1988 to the person under that subsection shall be doubled.".
Commencement: 13 December 1987

41. After section 121 of the Principal Act the following section is inserted:

Parental income test
"121a. (1) In this section:
     'adjusted parental income', in relation to a person to whom this section applies in relation to a particular time, means the amount calculated in accordance with the formula ,. where:
        TI is the sum of the taxable income of the person's parents for the last year of income of the parents and any amounts that are exempt income of the person's parents under paragraph 23 (1) of the Income Tax Assessment Act 1936; and
        CA is the sum of:
            (a) $16,000; and
            (b) $1,200 for the first dependent child (other than the person) of the person's parents and $2,500 for each additional dependent child (other than the person) of the parents;
    'dependent child' includes a person to whom this section applies;

     'last year of income', in relation to a person in relation to a particular time, means the year of income of the person that ended on 30 June in the calendar year that preceded that time;
     'parent', in relation to a person (in this definition called the 'child'), means another person who is:
        (a) a natural or adoptive parent of the child;
        (b) acting as the child's guardian on a