Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p53
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 133754–136794

of Part 3.12:

Division does not apply for purposes of care receiver assets test

"1144A.(1) This Division does not apply for the purposes of the assets test set out in Subdivision A of Division 1 of Part 2.5 (care receiver assets test).

"(2) This section is for the avoidance of doubt.".

23. Paragraph 1150(3)(e):

Omit "subsection", substitute "section 198J, subsection".

24. Paragraphs 1151(3)(e) and 1152(3)(e):

Omit "subsection", substitute "section 198L, subsection".

25. Subparagraphs 1152(5)(e)(iii) and 1153(3)(c)(iii):

Omit "subsection", substitute "section 198L, subsection".

26. Paragraph 1154(4)(e):

Omit "subsection", substitute "section 198L, subsection".

27. Section 1190 (Indexed and Adjusted Amounts Table):

After item 20 insert:
 "20A.  Income ceiling for care receiver  CP income  ceiling  [Subsection 198A(1)]".

28. Section 1190 (Indexed and Adjusted Amounts Table):

After item 27 insert:
 "27A.  Assets value limit for care receiver            CP AVL   [Subsection 198D(1)]
 27B.   Assets value hardship limits for care receiver  CP HAVL  [Subsections 198N(2), (3) and (4)—all amounts]".

29. Section 1191 (CPI Indexation Table):

After item 14 insert:

SCHEDULE 10—continued

 "14A.  CP income ceiling  1 January  June  most recent June quarter before reference quarter  not applicable—see subsection 1194(3A)".

30. Section 1191 (CPI Indexation Table):

After item 20 insert:
 "20A.  CP AVL   1 January  June  most recent June quarter before reference quarter   $250.00
 20B.   CP HAVL  1 January  June  most recent June quarter  before reference quarter  $250.00"

31. Subsection 1194(3):

After "subsections" insert "(3A),".

32. After subsection 1194(3):

Insert:

"(3A) If a provisional indexed amount for CP income ceiling is not a multiple of $1.00, the indexed amount is the provisional indexed amount rounded up to the nearest multiple of $1.00.".

33. Subsection 1223(1):

After "(1A)" insert ", (1B)".

34. After subsection 1223(1A):

Insert:

Some carer pension overpayments are not debts

"(1B) If:

    (a) an amount has been paid to a person (the carer) by way of carer pension because the carer was providing care for a care receiver; and

    (b) the amount was paid on the basis that the carer was qualified for carer pension when the carer was not qualified:

(i) because an estimate of the care receiver's income was an underestimate; or

       (ii) because an assessment or amended assessment of the care receiver's income had been amended as described in paragraph 198B(2)(b), (c) or (d); or

       (iii) because of the occurrence, or the likelihood of the occurrence, of a notifiable event of whose occurrence or likely occurrence the care receiver had not informed the Department;

the amount is not a debt due to the Commonwealth.

SCHEDULE 10—continued

Some carer pension overpayments are debts if carer knew about care receiver's affairs

"(1C) Despite subsection (1B), an amount described in subsection (1B) is a debt due to the Commonwealth if it was reasonable for the