Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p36
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 94098–96787

of a request under paragraph (2)(b), the care receiver's appropriate tax year is the tax year in which that payday occurs (the current tax year); and

    (c) the care receiver's taxable income for the current tax year is less than the care receiver's taxable income for the base tax year;

the care receiver's appropriate tax year, as from the beginning of the later calendar year, is the current tax year and not the base tax year unless the care receiver's taxable income for the base tax year is less than the income ceiling.

Note 1: For base tax year see subsection (6).
Note 2: For income ceiling see subsection 53AA(1).

Change to appropriate tax year because of notifiable event

"(4) For the purposes of section 53AA, if:

    (a) a notifiable event occurs in relation to a care receiver; and

    (b) the care receiver's taxable income for the tax year in which the notifiable event occurs exceeds the income ceiling;

the appropriate tax year is the tax year in which the notifiable event occurs.

Note 1: For notifiable event see subsection'(6).
Note 2: For taxable income see subsection 53AB(1).
Note 3: For income ceiling see subsection 53AA(1).
     Note 4: The effect of subsection (4) is that the person caring for the person mentioned in the subsection will cease to be eligible for carer service pension or income support supplement because the person mentioned in the subsection will not pass the income test under subsection 53AA(1).

Change to appropriate tax year because of effect of notifiable event on taxable income for later tax year

"(5) For the purposes of section 53AA, if:

    (a) a notifiable event occurs in relation to a care receiver; and

    (b) the care receiver's taxable income for the tax year in which the notifiable event occurs (the event tax year) does not exceed the income ceiling; and

    (c) the care receiver's taxable income for the tax year that follows the event tax year is likely to exceed the income ceiling;

SCHEDULE 6—continued

the appropriate tax year is the year that follows the event tax year.

Note 1: For notifiable event see subsection (6).
Note 2: For taxable income see subsection 53AB(1).
Note 3: For income ceiling see subsection 53AA(1).

Definitions

"(6) In this section:

base tax year, in relation to a carer service pension payday or an income support supplement payday, means the tax year that ended on 30 June in the calendar year immediately before the calendar year in which the payday falls.

notifiable event means an event or change of circumstances that:

    (a) is stated in a notice under section 54D; and

    (b) is described by the notice as a notifiable event.

     Example: Suppose 4 April