Document ID: chunk:federal_register_of_legislation:C2024C00458:section:95d:p1
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 95D (pt 1/3)
Character Range: 318796–321500

95D  Age pension—suspension instead of cancellation under section 93 or 94

Application
 (1) This section applies if:
 (a) age pension ceases to be payable to a person because the rate of the person's pension is nil; and
 (b) the rate of the person's pension is nil because of the occurrence of an event or change of circumstances (the income‑related event) that results in the person's income reduced rate (see subsection (2)) being nil; and
 (c) the person is required to inform the Department of the income‑related event within a specified period (the notification period) because of a notice given to the person under subsection 68(2); and
 (d) but for the person's income reduced rate being nil, age pension would have continued to be payable to the person; and
 (e) the person's pension is to be, or has been, cancelled under section 93 or 94 because the pension ceased to be payable for the reason mentioned in paragraph (b); and
 (f) at the time of the cessation, the person's ordinary income (as used to work out the person's income reduced rate) includes income for remunerative work performed by the person in Australia as an employee in an employer/employee relationship.
 (2) For the purposes of subsection (1), a person's income reduced rate is the rate worked out at step 8 of the method statement in point 1064‑A1 in Module A of Pension Rate Calculator A.

Suspension determination—event notified within notification period
 (3) If:
 (a) the person informs the Department of the income‑related event within the notification period; and
 (b) the person's pension has not yet been cancelled under section 93;
the Secretary may determine that:
 (c) section 93 does not apply to cancel the person's pension; and
 (d) the person's pension is suspended for a period of 2 years with effect from the day the pension would otherwise have ceased to be payable under section 93.
 (4) If:
 (a) the person informs the Department of the income‑related event within the notification period; and
 (b) the person's pension has been cancelled under section 93; and
 (c) within the period of 2 years after the cancellation, the ordinary income of the person is of an amount that would not preclude the person from receiving age pension;
the Secretary may determine that:
 (d) the person is to be treated as if section 93 had not applied to cancel the person's pension; and
 (e) the person's pension is suspended for a period of 2 years with effect from the day the pension had ceased to be payable under section 93.

Suspension determination—event not notified within notification period
 (5) If:
 (a) the person does not inform the Department of the income‑related event within the notification period; and