Document ID: chunk:federal_register_of_legislation:C2024A00104:section:323:p2
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 323 (pt 2/3)
Character Range: 521886–524619

the individual's total assessable income is the sum of:
 (a) the amount of the individual's income support payment reduced by the amount worked out under subsection 20A(4) of the Social Security Act 1991 to be the individual's minimum pension supplement amount; and
 (b) the amount the System Governor determines to be the amount that would be worked out as the individual's ordinary income for the purpose of applying Module E of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991.
 (6) However, the reduction referred to in paragraph (5)(a) does not apply if:
 (a) the individual's income support payment is special benefit or youth allowance under the Social Security Act 1991; or
 (b) both:
 (i) the individual has not reached pension age (within the meaning of subsections 23(5A), (5B), (5C) and (5D) of the Social Security Act 1991); and
 (ii) the rate of the individual's income support payment is worked out in accordance with the Rate Calculator at the end of section 1066A, 1067L, 1068, 1068A or 1068B of that Act.

Excluded amounts
 (7) The rules may prescribe amounts that are to be taken, in relation to specified kinds of individuals, to be excluded from a determination under subsection (1) or paragraph (2)(b), (3)(b), (4)(b) or (5)(b).

Application of Social Security Act provisions
 (8) For the purpose of making a determination under subsection (1) or paragraph (5)(b) of the amount that would be worked out as the individual's ordinary income for the purpose referred to in that subsection or paragraph, the relevant provisions of the Social Security Act 1991 apply as if:
 (a) paragraph 8(8)(zc) of that Act were omitted; and
 (b) section 1176 of that Act were omitted; and
 (c) any other provision of the social security law (within the meaning of the Social Security Act 1991) were omitted:
 (i) that has the direct or indirect effect of excluding an amount from a person's ordinary income (within the meaning of that Act); and
 (ii) that is prescribed by the rules.
Note: The effect of this subsection is that certain amounts that would not be included when working out an individual's ordinary income under the Social Security Act 1991 will be included for the purposes of working out the individual's total assessable income under this section.

Application of Veterans' Entitlements Act provisions
 (9) For the purpose of making a determination under paragraph (2)(b), (3)(b) or (4)(b) of the amount that would be worked out as the individual's ordinary/adjusted income for the purpose referred to in the relevant paragraph, the relevant provisions of the Veterans' Entitlements Act 1986 apply as if:
 (a) section 59X of that Act were omitted; and
 (b) any other provision