Document ID: chunk:federal_register_of_legislation:C2004A04148:body:0:p16
Version: federal_register_of_legislation:C2004A04148
Segment Type: other
Provision Reference: 
Character Range: 50179–53227

considers it reasonable that the person should take action to obtain the maintenance; and

    (c)     the person does not take the action that the Commission considers reasonable to obtain the maintenance;

there is no dependent child add-on for that dependent child.".

Section 42 (Service Pension Rate Calculator Where There Are Dependent Children—point 42-E10—after paragraph (d)):

  Insert:

  "(da) under an Aboriginal study assistance scheme; or".

Section 42 (Service Pension Rate Calculator Where There Are Dependent Children—point 42-E10):

  Add at the end:

"Note: for 'Aboriginal study assistance scheme' see section 5f.".

Section 43 (Service Pension Rate Calculator for Blinded Veterans— after point 43-C3):

  Insert:

Failure to reasonably pursue maintenance claim

  "43-C3A. If:

    (a)     a person who has a dependent child is entitled to claim maintenance from someone else for the child; and

    (b)    the Commission considers it reasonable that the person should take action to obtain the maintenance; and

    (c)     the person does not take the action that the Commission considers reasonable to obtain the maintenance;

SCHEDULE 2—continued

point 43-C3 does not apply to the person.".

Section 44 (Service Pension Rate Calculator—point 44-D8—after paragraph (d)):

  Insert:

  "(da) under an Aboriginal study assistance scheme; or".

Section 44 (Service Pension Rate Calculator—point 44-D8):

  Add at the end:

 "Note: for 'Aboriginal study assistance scheme' see section 5f.".

Section 46 (Table—items 1, 2, 3 and 4):

  After "made" insert "or acquired".

Paragraph 46a (1) (a):

  Omit the paragraph, substitute:

  "(a) is not income in the form of periodic payments; and".

Paragraph 46a (1) (d):

  After "made" insert ", or acquired, by the person".

Subsection 46a (2):

Omit "becoming entitled to receive an amount includes a reference to the person becoming entitled to receive", substitute "receiving an amount includes a reference to a person receiving".

Paragraph 46b (1) (a):

  After "made" insert "or acquired".

Sub-subparagraph 46b (1) (b) (ii) (a):

  After "made" insert ", or acquired, by the person".

Paragraph 46b (1) (c):

Omit "becomes entitled to receive", substitute "realises the investment and receives".

Subsection 46b (2):

Omit "becoming entitled to receive an amount includes a reference to the person becoming entitled to receive", substitute "receiving an amount includes a reference to a person receiving".

After section 46b:

  Insert:

SCHEDULE 2—continued

Realisation of investment

"46ba. For the purposes of section 46b, a person realises an investment if, and only if:

  (a)     all or part of the amount of the investment is withdrawn; or

    (b)     all or part of the return on the investment is paid to another person; or

  (c)     the investment matures; or

  (d)     the investment is assigned by the person to another person; or

    (e)     the investment is disposed of by the person otherwise than in the way referred to in paragraph (d).

Receiving by