Document ID: chunk:federal_register_of_legislation:C2024C00458:section:120:p2
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 120 (pt 2/4)
Character Range: 395933–398604

of the 1991 Act; and
 (f) the Secretary makes a determination under section 80 cancelling or suspending the carer payment;
the adverse determination takes effect on the day on which the earlier determination took effect.
 (3) If:
 (a) on the basis of the taxable income for a tax year of a care receiver who is a higher ADAT score adult, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care for the care receiver; and
 (b) the care receiver's taxable income for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and
 (c) the Secretary makes a determination under section 80 cancelling or suspending the carer's carer payment;
the adverse determination takes effect:
 (d) if the Secretary made the determination under section 80 after the carer or care receiver informed the Department that the care receiver's taxable income exceeded the income ceiling—on the day on which the carer or care receiver informed the Department; or
 (e) if, when the Secretary made the determination under section 80, the Department had not been informed by the carer or the care receiver that the care receiver's taxable income exceeded the income ceiling—on the day on which the care receiver's taxable income exceeded the income ceiling.
 (4) If:
 (a) on the basis of the taxable income for a tax year of a care receiver who is a sole care child, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care for the care receiver; and
 (b) the care receiver's taxable income for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and
 (c) the Secretary makes a determination under section 80 cancelling or suspending the carer's carer payment;
the adverse determination takes effect:
 (d) if the Secretary made the determination under section 80 after the parent or carer of the child informed the Department that the care receiver's taxable income exceeded the income ceiling—on the day on which the parent or carer informed the Department; or
 (e) if, when the Secretary made the determination under section 80, the Department had not been informed by the parent or carer that the care receiver's taxable income exceeded the income ceiling—on the day on which the care receiver's taxable income exceeded the income ceiling.
 (5) If:
 (a) on the basis of the sum of the taxable incomes for a tax year of care receivers who are combined care children, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care to the care