Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p49
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 125879–128756

cared for by a person who is receiving a carer service pension or an income support supplement is given a notice under subsection 54D(1); and

    (b) the notice requires the care receiver to tell the Department or an officer of the occurrence of an event or change in circumstances within a stated period (the notification period); and

   (c) the event or change in circumstances occurs; and

    (d) the care receiver does not tell the Department or officer of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and

    (e) because of the occurrence of the event or change in circumstances the carer service pension or income support supplement ceases to be payable;

the carer service pension or income support supplement is cancelled immediately after the day on which the event or change in circumstances occurs.".

19. After section 56G:

Insert:

Date of effect of favourable decision under section 53AN

"56GAA. If the Commission decides, under subsection 53AN(1), that the assets test does not apply to a care receiver, then, subject to section 57CA, the decision takes effect on:

   (a) the day on which the decision was made; or

   (b) any later or earlier day that is stated in the decision.".

20. Subsection 56H(3):

Omit "and (8)", substitute ", (8), (9), (10) and (11)".

21. Section 56H:

Add at the end:

Cancellation or suspension—amendment of assessed taxable income

"(9) If:

    (a) the Commission makes a determination (the earlier determination) that a person (the carer) is entitled to carer service pension or income support supplement because the carer is providing care for a care receiver; and

SCHEDULE 6—continued

    (b) the determination is based on an assessment of the care receiver's taxable income for a tax year; and

    (c) the assessment is afterwards amended by the Commissioner of Taxation, a tribunal or a court; and

    (d) the taxable income for that year according to the assessment as amended is more than the income ceiling (under section 53AA); and

    (e) the Commission makes a determination under section 56E cancelling or suspending the carer service pension or income support supplement;

the day stated under paragraph (2)(b) must be the day on which the earlier determination took effect.

   Note: This subsection results in overpayments for the period between the earlier determination and the later determination. These overpayments might be recoverable under section 205 or 205A.

Cancellation or suspension—underestimate of taxable income

"(10) If:

    (a) the Commission makes a determination (the earlier determination) that a person (the carer) is entitled to carer service pension or income support supplement because the carer is providing care for a care receiver; and

    (b) in making the determination, the Commission had regard