Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p37
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basic rate; and

      (c) the child is a dependent child of the veteran; and

        (d) there is not a declaration under subsection 869(1) of the Social Security Act in relation to the child;

     no amount for the child is to be added to the veteran's maximum basic rate.".

Repeal of Subdivision

36. Subdivision E of Division 7 of Part III of the Principal Act is repealed.

Application of financial hardship rules

37. Section 52Z of the Principal Act is amended by omitting from paragraph (6)(b) ", 44".

Consequential amendments

  38. The Principal Act is further amended as set out in Schedule 2.

Division 7—Income support supplement

Family relationships definitions—couples

  39. Section 5E of the Principal Act is amended:

     (a) by inserting after subparagraph (5)(b)(i) the following subparagraph:

      "(ia) is not receiving income support supplement; and";

     (b) by inserting after subparagraph (5)(c)(i) the following subparagraph:

      "(ia) income support supplement; or";

     (c) by inserting after subparagraph (5)(d)(i) the following subparagraph:

      "(ia) income support supplement; or".

Family relationships definitions—children

  40. Section 5F of the Principal Act is amended:

    (a) by inserting in paragraph (6)(a) "or income support supplement rate" after "rate";

    (b) by inserting in paragraph (6)(b) ", income support supplement rate" after "rate" (first occurring).

Income test definitions

41. Section 5H of the Principal Act is amended by inserting in subsection (1) the following definition:

" 'adjusted income', in relation to a person claiming, or entitled to, income support supplement, means the sum of:

  (a) the person's ordinary income; and

  (b) any instalment of disability pension payable to the person; and

     (c) any instalment of pension payable to the person under subsection 30(1); and

     (d) any instalment of pension that is payable to the person under the law of a foreign country and is, in the opinion of the Commission, similar in character to the pension referred to in paragraph (c).".

Rent definitions

  42. Section 5N of the Principal Act is amended:

     (a) by omitting from the definition of "disability pension" in subsection (1) "Part III" and substituting "Parts III and IIIA";

     (b) by inserting in paragraph (a) of the definition of "disability pension" in subsection (1) "(other than such a pension that is payable under section 30 to a dependant of a deceased veteran)" after "IV".

General definitions

43. Section 5Q of the Principal Act is amended by inserting in subsection (1) the following definition:

" 'pension' includes income support supplement;".

Insertion of Part

  44. After section 45 of the Principal Act the following Part is inserted:

"PART IIIA—INCOME SUPPORT SUPPLEMENT

"Division 1—Eligibility for and payability of income support supplement

Eligibility for income support supplement

"45A.(1) A person who has made a claim for income support supplement but whose claim has