Document ID: chunk:federal_register_of_legislation:C2004A04616:section:2:p28
Version: federal_register_of_legislation:C2004A04616
Segment Type: section
Provision Reference: s 2 (pt 28/32)
Character Range: 108647–111428

immediately before the person became eligible to receive that allowance; and

            (D) is wholly or substantially dependent on the person or on the spouse of the person.

     "(5) A dependant, in relation to a person to whom paragraph (c) of the definition of 'concessional beneficiary' applies, is a person who is, within the meaning of the Health Insurance Act 1973, a dependant of that person.

      "(6) For the purposes of this Part, if:

        (a) paragraph (ac) of the definition of 'concessional beneficiary' applies to a person (the 'seniors health card holder'); and

        (b) no other paragraph of the definition of 'concessional beneficiary' applies to the seniors health card holder;

     a person who, apart from this subsection, would be a dependant of the seniors health card holder is taken not to be a dependant of the seniors health card holder.

       Note: Paragraph (ac) of the definition of concessional beneficiary applies to a person who is the holder of a seniors health card within the meaning of the Social Security Act 1991.".

Amendment of the Hearing Services Act

18. Section 5 of the Hearing Services Act 1991 is amended by inserting before paragraph (1)(b) the following paragraph:

      "(ac) a person who is the holder of a seniors health card within the meaning of the Social Security Act 1991; or

         Note: For 'holder of a seniors health card' see section 6A of the Social Security Act.".

PART 4—FAMILY PAYMENT (FOREIGN INCOME)

Family payment income test and parental means test definitions

19. Section 10A of the Principal Act is amended by inserting the following definitions in subsection (2):

" 'foreign income', in relation to a person, means:

    (a) an income amount earned, derived or received by the person from a source outside Australia for the person's own use or benefit; or

    (b) a periodical payment by way of gift or allowance from a source outside Australia; or

    (c) a periodical benefit by way of gift or allowance from a source outside Australia;

Note 1: For 'income amount' see subsection 8(1).
Note 2: For 'earned, derived or received' see subsection 8(2).
    Note 3: This definition does not make use of the definition of 'income' in subsection 8(1) and, as a result, the exclusions provided for by subsections 8(4), (5) and (8) do not apply to foreign income.

'target foreign income' means foreign income that is not:

  (a) taxable income; or

  (b) received in the form of a fringe benefit;".

Family Payment Rate Calculator

  20. The Family Payment Rate Calculator in section 1069 is amended:

  (a) by inserting after point 1069-H2B the following point:

    Foreign income of members of a couple to be added

     "1069-H2C. For the purposes of this Module, if a person is a