Document ID: chunk:federal_register_of_legislation:C2004A04954:body:0:p32
Version: federal_register_of_legislation:C2004A04954
Segment Type: other
Provision Reference: 
Character Range: 84656–87663

1179(6A)(a):

Omit "pension, benefit or allowance", substitute "the compensation affected payment".

58. Paragraph 1184(2)(a):

Omit "is qualified for", substitute "receives or claims".

59. Paragraph 1184(2)(c):

Omit "qualification for the set of compensation affected payment", substitute "receipt of or claim for the compensation affected payment".

SCHEDULE 16—continued

60. After section 1184:

Insert:

Application to review compensation decision—disability support pension and disability wage supplement

"1184A.(1) This section applies if a person claims a disability support pension or disability wage supplement and:

    (a) the Secretary decides under section 1164 that the disability support pension or disability wage supplement is not to be granted or is not payable; or

    (b) the Secretary decides under section 1165 that the disability support pension or disability wage supplement is not payable; or

    (c) the Secretary decides that, if the person were qualified for the disability support pension or disability wage supplement, the fortnightly rate of the disability support pension or disability wage supplement would be reduced to nil under section 1168.

"(2) If:

    (a) an application is made for a review of that decision to the Social Security Appeals Tribunal under section 1247; and

    (b) at the time of the application the Secretary has not taken the necessary steps to satisfy himself or herself as to whether the person is qualified for the disability support pension or disability wage supplement; and

    (c) the person who claimed the disability support pension or disability wage supplement requests the Secretary, in writing, to take those steps;

the Secretary must take those steps as soon as practicable after the request is made.".

PART 2—AMENDMENTS OF THE SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994

61. Item 75 of Schedule 1:

Omit the item.

62. Items 78 and 79 of Schedule 1:

Omit the items, substitute:

"78. Subsection 1164(6):

Omit 'If', substitute 'Subject to subsection (7), if'.

SCHEDULE 16—continued

79. After subsection 1164(6):

Insert:

'(7) Subsection (6) does not prevent a parenting allowance being granted to the person unless the person's maximum basic rate of parenting allowance exceeds the maximum basic component of parenting allowance.

   Note: For the maximum basic component of parenting allowance see point 1068A-B6 of the Parenting Allowance Rate Calculator at the end of section 1068A.'. ".

63. Items 82 to 99 (inclusive) of Schedule 1:

Omit the items, substitute:

"90. After subsection 1166(4A):

Insert:

'(4B) If:

(a) the person is a member of a couple; and

    (b) the person's partner receives a parenting allowance for some or all of the lump sum preclusion period;

the recoverable amount is equal to the smaller of the following amounts:

    (c) the compensation part of the lump sum compensation payment;

    (d) the sum of:

       (i) the payments of the