Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p54
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 138473–142289

incomes (on a yearly basis) and divide by 2 to work out the amount of the person's adjusted income for the purposes of this Module.

Partner's DSS earnings credit to be taken into account

  "45X-E3. If:

  (a) a person is a member of a couple; and

  (b) the person's partner is receiving a social security pension or benefit; and

     (c) an amount earned by the partner is disregarded under section 1113 or 1115A of the Social Security Act;

that amount is also to be disregarded in working out the adjusted income of the person for the purposes of point 45X-E2.

Adjusted income free area

"45X-E4. A person's adjusted income free area is the amount of adjusted income the person can have without any deduction being made from the person's maximum payment rate.

How to calculate a person's adjusted income free area

"45X-E5. A person's adjusted income free area is worked out using Table E-1. Work out which family situation in Table E-1 applies to the person. The adjusted income free area is the corresponding amount in column 3.

TABLE E-1
ADJUSTED INCOME FREE AREA
column 1                   column 2                                                 column 3            column 4
item no.                   category of person                                       free area per year  free area per fortnight
1.                         Not member of couple                                     $2,340.00           $90.00
2.                         Partnered (partner getting neither pension nor benefit)  $2,028.00           $78.00
3.                         Partner (partner getting benefit)                        $2,028.00           $78.00
4.                         Partner (partner getting pension)                        $2,028.00           $78.00

    Note 1: For 'member of a couple', 'partnered (partner getting neither pension or benefit)', 'partnered (partner getting benefit)' and 'partnered (partner getting pension)' see section 5E.
Note 2: Items 2, 3 and 4 of Table E-1 apply to a member of illness separated and respite care couples.
Note 3: The free area is indexed annually in line with CPI increases (see sections 59B to 59E).

Reduction for adjusted income in excess of adjusted income free area

"45X-E6. A person's reduction for adjusted income is worked out using Table E-2. Work out which family situation applies to the person. The reduction for adjusted income is the amount per year worked out using the corresponding calculations in column 3.

TABLE E-2
REDUCTION FOR ADJUSTED INCOME
column 1                       column 2                                                 column 3
item no.                       person's family situation                                reduction
1.                             Not member of couple                                     adjusted income excess
                                                                                        2
2.                             Partnered (partner getting neither pension nor benefit)  adjusted income excess
                                                                                        2
3.                             Partnered (partner getting benefit)                      adjusted income excess
                                                                                        2
4.                             Partnered (partner getting pension)                      adjusted income excess
                                                                                        2

    Note 1: For 'member of a couple', 'partnered (partner getting neither pension nor benefit)', 'partnered (partner getting benefit)' and 'partnered (partner getting pension)' see section 5E.
Note 2: 'Social security pension' includes a rehabilitation allowance.
Note 3: For 'adjusted Income