Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:1_87:p3
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 1 cl 87 (pt 3/3)
Character Range: 51288–53653

that a person (the carer) is entitled to carer payment because the carer is providing care to the care receivers; and
 (b) the sum of the taxable incomes of the care receivers for a later tax year exceeds the income ceiling (under section 198A); and
 (c) the Secretary makes a determination under section 231 cancelling or suspending the carer's carer payment;
the adverse determination takes effect:
 (d) if the Secretary made the determination under section 231 after the parent or carer of any of the disabled children informed the Department that the sum of the taxable incomes exceeded the income ceiling—on the day on which the parent or carer informed the Department; or
 (e) if the Department has not been informed by the parent or carer that the sum of the taxable incomes exceeded the income ceiling when the Secretary made the determination under section 231—on the day on which the sum of the taxable incomes of the care receivers exceeded the income ceiling.

 (13) If:
 (a) on the basis of the sum of the taxable incomes for a tax year of care receivers who are a lower ADAT score adult and a dependent child, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care to the care receivers; and
 (b) the sum of the taxable incomes of the care receivers for a later tax year exceeds the income ceiling (under section 198A); and
 (c) the Secretary makes a determination under section 231 cancelling or suspending the carer's carer payment;
the adverse determination takes effect:
 (d) if the Secretary made the determination under section 231 after the carer, the lower ADAT score adult or a parent of the dependent child informed the Department that the sum of the taxable incomes exceeded the income ceiling—on the day on which the Department was so informed; or
 (e) if the Department has not been informed by the carer, the lower ADAT score adult or a parent of the dependent child that the sum of the taxable incomes exceeded the income ceiling when the Secretary made the determination under section 231—on the day on which the sum of the taxable incomes of the care receivers exceeded the income ceiling.

 (14) In any other case, an adverse determination takes effect:
 (a) on the day on which it is made; or
 (b) if a later day is specified in the determination, on that day.