Document ID: chunk:federal_register_of_legislation:C2024C00458:section:97
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 97
Character Range: 327624–330121

97  Disability support pension—suspension taken to have been under section 96
 (1) If:
 (a) a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and
 (b) disability support pension ceases to be payable to the person under section 93; and
 (c) within the period of 2 years after the pension ceases to be payable, the person ceases to do work of the kind referred to in paragraph (a);
the Secretary may determine that the person is to be treated as if:
 (d) section 93 had not applied to the person's disability support pension; and
 (e) the disability support pension had been suspended under section 96 with effect from the day the pension had ceased to be payable under section 93.
 (2) If:
 (a) the Secretary makes a determination under subsection (1) in respect of a person; and
 (b) the person's partner had ceased to be qualified for carer payment when the person ceased to be qualified for disability support pension because the person obtained paid work;
the Secretary may determine that the partner is to be treated as if the partner's carer payment had not been cancelled but had been suspended under section 96 for the period of the suspension of the person's disability support pension.
 (3) If:
 (a) disability support pension ceased to be payable to a person under section 93 because the rate of the pension was nil as a result of employment income of the person; and
 (b) within the period of 2 years after the pension ceased to be payable, the employment income of the person is reduced to a rate that would not preclude the person from receiving disability support pension;
the Secretary may determine that the person is to be treated as if:
 (c) section 93 had not applied to the person's disability support pension; and
 (d) the disability support pension had been suspended under section 96 with effect from the day the pension had ceased to be payable under section 93.
 (4) If:
 (a) the Secretary makes a determination under subsection (3) in respect of a person; and
 (b) the person's partner had ceased to be qualified for carer payment when disability support pension ceased to be payable to the person for the reason mentioned in paragraph (3)(a);
the Secretary may determine that the partner is to be treated as if the partner's carer payment had not been cancelled but had been suspended under section 96 for the period of the suspension of the person's disability support pension.