Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p28
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 73750–76399

be used to calculate the person's pension rate is not to fall below one-half of the amount that would be the person's partner's floor amount if subclause (1) or (3) applied to the partner.

"(11) Despite anything in the preceding provisions of this clause, the rate of rent assistance payable to a person to whom this clause applies is reduced by the sum of any indexation or adjustment increases occurring after the commencement of this clause to the person's pension rate.

"(12) Subject to subclause (6), if subclause (1) or (3) ceases to apply to a person because of subclause (5), it does not again apply to the person.

"(13) Subclause (7) ceases to apply to the partner of a person to whom subclause (1) or (3) applies if the pension rate that is applicable to the partner because of subclause (7) is equal to or less than the rate that would be the partner's pension rate if subclause (7) did not apply to the partner.

"(14) If subclause (7) ceases to apply to the partner of a person to whom subclause (1) or (3) applies, subclause (7) does not again apply to the partner.

SCHEDULE 2—continued

"(15) Nothing in this clause affects the application of clause 3 to a person to whom subclause (1) or (3) of this clause ceases to apply.

"(16) In this clause:

floor amount has the meaning given by subsection (4).

indexation or adjustment increase means an increase resulting from the operation of Division 18 of Part IIIB.".

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SCHEDULE 3 Subsection 3(1)

AMENDMENT OF THE VETERANS' ENTITLEMENTS ACT 1986 TO CONTINUE CARER SERVICE PENSION OR INCOME SUPPORT SUPPLEMENT DURING TRANSITION PERIOD

1. Section 39:

Add at the end:

    "Note: For the impact on payment of carer service pension when the person being cared for begins to reside in a nursing home or to be in residential care see section 53X.''.

2. Section 45AB:

Add at the end:

    "Note: For the impact on payment of income support supplement when the person being cared for begins to reside in a nursing home or to be in residential care see section 53X.".

3. After Division 12A of Part IIIB:

Insert:

"Division 12B—Continuation of carer service pension or income support supplement
during transition period

Effect on pension or supplement if person being cared for begins to reside permanently in a nursing home or to be permanently in residential care

"53X.(1) This section applies if:

    (a) a carer service pension or an income support supplement is payable to a person (the carer) who has ordinarily been providing constant care for a severely handicapped person; and

    (b) the carer would, apart from this section, cease to be eligible for the