Document ID: chunk:federal_register_of_legislation:C2024C00866:section:53a:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 53A (pt 1/2)
Character Range: 973014–975779

53A  Fringe benefits

General rule
 (1) A person who is receiving a service pension or income support supplement is eligible for fringe benefits.

Certain persons eligible before 1 January 2017
 (1A) A person is eligible for fringe benefits if:
 (a) immediately before 1 January 2017, the person was receiving a service pension or income support supplement; and
 (b) the Commission is satisfied that the rate of that pension or supplement was nil on 1 January 2017 because of the operation of the amendments made by Part 1 of Schedule 3 to the Social Services Legislation Amendment (Fair and Sustainable Pensions) Act 2015; and
 (c) the person is not otherwise eligible under this section for fringe benefits.

Certain recipients of invalidity service pension who cease to be permanently incapacitated for work
 (2) If:
 (a) a person is receiving an invalidity service pension; and
 (b) the person ceases to be eligible for that pension because the person ceases to be permanently incapacitated for work; and
 (c) the circumstances in which the person ceases to be permanently incapacitated for work are continued fringe benefits eligibility circumstances in accordance with a determination under section 53B;
the person remains eligible for fringe benefits for the shorter of the following periods:
 (d) the period those continued fringe benefits eligibility circumstances continue to exist;
 (e) the period of 12 months beginning on the day the person ceased to be eligible for that pension.

Former recipients with employment income
 (3) If:
 (a) a person is receiving service pension or income support supplement; and
 (b) the pension or supplement ceases to be payable to the person because the rate of the person's pension or supplement is nil; and
 (c) the rate of the person's pension or supplement is nil because of the occurrence of an event or change of circumstances that results in the person's income reduced rate (see subsection (4)) being nil; and
 (d) but for the person's income reduced rate being nil, the person would have continued to be eligible for fringe benefits because the person would have continued to receive the pension or supplement; and
 (e) at the time of the cessation, the ordinary income of the person (as used to work out the person's income reduced rate) includes income for remunerative work performed by the person in Australia as an employee in an employer/employee relationship;
the person remains eligible for fringe benefits for the period of 2 years beginning on the day the pension or supplement ceased to be payable to the person.
 (4) For the purposes of subsection (3), a person's income reduced rate, in relation to a service pension or income support supplement, is the rate worked out in relation to that pension