Document ID: chunk:federal_register_of_legislation:C2004A04955:body:0:p4
Version: federal_register_of_legislation:C2004A04955
Segment Type: other
Provision Reference: 
Character Range: 7469–10158

by inserting after subsection (2):

 "(2A) If:

       (a) disability support pension ceases to be payable to a person because the rate of the pension is nil as a result of the income, or increased income, earned by the person from his or her employment; and

        (b) the person has notified the Secretary about the income or increased income within the notification period referred to in paragraph 137(b);

the Secretary may determine:

(c) that section 137 does not apply to the person's pension; and

(d) that the person's pension is to be suspended.

Note: The determination to suspend is made under section 146.";

(b) by inserting in paragraphs (3)(a), (4)(a) and (5)(a) "or (2A)" after "(1)".

Suspension may be taken to have occurred

9. Section 140 of the Principal Act is amended by adding at the end:

"(2A) If:

    (a) disability support pension ceased to be payable to a person under section 137 because the rate of the pension was nil as a result of the income, or increased income, earned by the person from his or her employment; and

    (b) within the period of 2 years after the pension ceased to be payable, the income earned by the person from his or her employment 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 137 had not applied to the person's disability support pension; and

(d) the disability support pension had been suspended under section 139.

"(2B) If:

   (a) the Secretary makes a determination under subsection (2A) in respect of a person; and

   (b) the person's partner had ceased to be qualified for wife pension or carer pension when disability support pension ceased to be payable to the person as mentioned in paragraph (2A)(a);

the Secretary may determine that the partner is to be treated as if the partner's wife or carer pension had not been cancelled but had been suspended under section 139.".

Insertion of section

10. After section 146T of the Principal Act the following section is inserted in Division 11 of Part 2.3:

12 month extension of fringe benefits—disability support pension ceasing to be payable because of employment income

"146U. For the purposes of this Division, if:

   (a) a person has been receiving disability support pension; and

    (b) disability support pension ceases to be payable to the person because of the income, or increased income, earned by the person from his or her employment;

the person is taken to be receiving disability support pension for the period of 12 months after the pension ceased to be payable to the person.

    Note: A person who is taken