Document ID: chunk:federal_register_of_legislation:C2004A04145:body:0:p19
Version: federal_register_of_legislation:C2004A04145
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Character Range: 44511–47324

person's pension or benefit rate if:

     (a)     the person was receiving a social security pension or benefit immediately before 1 January 1990; and

     (b)    the rate of pension or benefit payable to the person, immediately before 1 January 1990, included an amount under subsection 33 (3) or 118 (5) of the 1947 Act; and

   (c)     the person has, at all times since 1 January 1990:

       (i) been receiving a social security pension or benefit; and

          (ii) had a dependent child who has turned 18 and is a prescribed student child.

(2) The provisions of this Act that deny guardian allowance for prescribed student children are:

  (a)     point 1064-C8 of Pension Rate Calculator A; and

  (b)     point 1065-C7 of Pension Rate Calculator B; and

  (c)     point 1067-E7 of Benefit Rate Calculator A; and

  (d)     point 1068-E8 of Benefit Rate Calculator B.

Benefit rates—under 21 partnered rate (changes introduced on 20 September 1990)

  31. If:

  (a) immediately before 20 September 1990:

         (i) a person was receiving unemployment benefit, job search allowance or sickness benefit; and

      (ii) the person had not turned 21; and

      (iii) the person was a member of a couple; and

  (b)     the person does not have a dependent child;

    (c)     the person has at all times since 20 September 1990 been receiving unemployment benefit, job search allowance or sickness benefit;

this Act applies to the person as if:

    (d) if the person has not turned 18—the person's maximum basic rate were the amount specified in column 3a against items 3

SCHEDULE 1—continued

     and 4 in Table B in point 1067-B1 of Benefit Rate Calculator A; or

     (e) if the person has turned 18—the person's maximum basic rate were the amount specified in column 3a against items 6 and 8 in Table B in point 1068-B1 of Benefit Rate Calculator B.

                  SCHEDULE 2 Section 5

OTHER AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
OF A TRANSITIONAL NATURE

Section 5 (6):

  Add at the end the following Note:

     "Note 2: this subsection may not apply if the young person has been receiving the pension, benefit or payment since 1 November 1984: see clause 23 in Schedule 1a.".

Subsection 23 (1) (definition of "assurance of support debt"):

  Insert "or section 129 of the 1947 Act" after "this Act".

Subsection 23 (1) (definition of "compensation debt"):

Insert "of this Act or subsection 153 (2) or (3) of the 1947 Act" after "section 1166 or 1170".

Section 1064—Pension Rate Calculator A—point 1064-C8:

  Add at the end the following Note:

    "Note: this point may not apply to a person who has been receiving guardian allowances since 1 January 1990: see clause 30 in Schedule 1a.".

Section 1064—Pension Rate Calculator A—point 1064-E5:

  Add at the end