Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:1_55:p1
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 1 cl 55 (pt 1/3)
Character Range: 34084–36799

55  Subsections 198N(1A), (2), (3) and (4)
Repeal the subsections, substitute:

Application by parent or carer of profoundly disabled child or disabled child

 (1A) If:
 (a) subparagraph 198(5)(d)(i) would disqualify from carer payment a person caring for a care receiver who is a profoundly disabled child or care receivers each of whom is a disabled child; and
 (b) the parent or the carer of the profoundly disabled child or of any of the disabled children lodges with the Department, in a form approved by the Secretary, a request that the carer not be disqualified by that subparagraph; and
 (c) the request includes a written estimate of the taxable income of the profoundly disabled child, or written estimates of the taxable incomes of the disabled children, for the current financial year under subsection 198B(3); and
 (d) the Secretary accepts the estimate under subsection 198B(4);
subsections (2), (3), (4), (5) and (6) have effect.

Application by lower ADAT score adult

 (1B) If:
 (a) subparagraph 198(5)(d)(i) would disqualify from carer payment a person caring for care receivers who are a lower ADAT score adult and a dependent child; and
 (b) the lower ADAT score adult lodges with the Department, in a form approved by the Secretary, a request that the carer not be disqualified by that subparagraph; and
 (c) the request includes written estimates of the taxable incomes of the lower ADAT score adult and the dependent child under subsection 198B(3); and
 (d) the Secretary accepts the estimate under subsection 198B(4);
subsections (2), (3), (4), (5) and (6) have effect.

Failing assets test but passing special income test

 (2) The Secretary may decide that subparagraph 198(5)(d)(i) does not disqualify the person from carer payment if:
 (a) the value of the assets of the care receiver or the sum of the values of the assets of the care receivers is more than $410,000 but not more than $608,500; and
 (b) the value of the liquid assets of the care receiver, or the sum of the values of the liquid assets of the care receivers, is less than the liquid assets limit; and
 (c) the amount of the accepted estimated taxable income of the care receiver, or the sum of the amounts of the accepted estimated taxable incomes of the care receivers, for the current financial year is less than the threshold amount worked out under subsection (6).

Note 1: The amounts specified in paragraph (2)(a) are indexed each year on 1 January (see sections 1190 and 1191).

Note 2: For calculating the value of assets and liquid assets, see paragraph (5)(a).

Note 3: For liquid assets see subsection 19B(1).

Note 4: For liquid assets limit see paragraph (5)(b).

Note 5: For accepted estimated taxable