Document ID: chunk:federal_register_of_legislation:C2008A00001:clause:1_72:p1
Version: federal_register_of_legislation:C2008A00001
Segment Type: clause
Provision Reference: sch 1 cl 72 (pt 1/3)
Character Range: 18597–21299

72  Section 44‑24
Repeal the section, substitute:

44‑24  The care recipient's total assessable income

 (1) If the care recipient is not entitled to an *income support payment, his or her total assessable income is the amount the Secretary determines to be the amount that would be worked out as the care recipient'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.

Note: Determinations are reviewable under Part 6.1.

 (2) If the care recipient is entitled to a *service pension, his or her total assessable income is the sum of:
 (a) the amount of the care recipient's service pension; and
 (b) the amount the Secretary determines to be the amount that would be worked out as the care recipient's ordinary/adjusted income for the purpose of applying Module E of the Rate Calculator in Schedule 6 to the Veterans' Entitlements Act 1986.

Note: Determinations are reviewable under Part 6.1.

 (3) If the care recipient is entitled to an *income support supplement, his or her total assessable income is the sum of:
 (a) the amount of the care recipient's income support supplement; and
 (b) the amount the Secretary determines to be the amount that would be worked out as the care recipient's ordinary/adjusted income for the purpose of applying Module E of the Rate Calculator in Schedule 6 to the Veterans' Entitlements Act 1986.

Note: Determinations are reviewable under Part 6.1.

 (4) If the care recipient is entitled to an *income support payment (other than an *income support supplement or a *service pension), his or her total assessable income is the sum of:
 (a) the amount of the care recipient's income support payment; and
 (b) the amount the Secretary determines to be the amount that would be worked out as the care recipient'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.

Note: Determinations are reviewable under Part 6.1.

 (5) The Residential Care Subsidy Principles may specify amounts that are to be taken, in relation to specified kinds of care recipients, to be excluded from determinations under subsection (1) or paragraph (2)(b), (3)(b) or (4)(b).

 (6) For the purpose of making a determination under subsection (1) or paragraph (4)(b) of the amount that would be worked out as the care recipient'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