Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p11
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 26100–28765

property;
         (ii) the amount per annum that could reasonably be expected to be obtained from a purely commercial application of that property; or
    (b) there is no reduction under subsection (3) in respect of that property;
the maximum annual rate of pension, benefit or allowance applicable to the person shall:
    (c) in a case to which paragraph (a) applies—be further reduced by the difference between that first-mentioned reduction and that lesser amount per annum; or
    (d) in a case to which paragraph (b) applies—be reduced by that lesser amount per annum.".
Commencement: 13 November 1987

(3) Section 7 of the Principal Act is amended:
    (a) by adding at the end of paragraph (1) (a) ", or a benefit under Part XIII is not payable to a person because of the application of subsection 122 (10), being a person who is not receiving and is not eligible to apply for and whose spouse is not receiving and is not eligible to apply for payments made available by the Commonwealth by way of income support where the payments are made or calculated at a rate not less than the rate of unemployment benefit that would be applicable to the person if the person were eligible to receive such a benefit";
    (b) by inserting in paragraph (1) (c) "in the case of a person who is not qualified to receive an unemployment benefit or a sickness benefit—" before "any of the property";
    (c) by inserting after paragraph (1) (c) the following paragraph:
         "(ca) in the case of a person who is qualified to receive an unemployment benefit or a sickness benefit—any of the property of the person or, if the person is a married person, of the person and the person's spouse, is property that the person or the spouse cannot sell or realise and cannot use as security for borrowing;";

    (d) by omitting from paragraph (1) (d) "that" (last occurring) and substituting "this";
    (e) by inserting in subsection (3) "(other than a person who is qualified to receive a benefit under Part XIII)" after "person" (first occurring);
    (f) by inserting after subsection (3) the following subsection:
    "(3a) Subject to subsections (4a) and (5), where this section applies to a person who is qualified to receive a benefit under Part XIII, the weekly rate of the benefit shall, notwithstanding section 122, be determined in the following manner:
       (a) the value of the property of the person that is property referred to in paragraph (1) (c) shall be disregarded;
       (b) there shall be deducted from the weekly rate of the benefit that would be payable to the person apart from the operation of section 122 an amount per week equal to the sum of: