Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p34
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 34/50)
Character Range: 94127–96881

However, the reduction referred to in paragraph (4)(a) does not apply if:
 (a) the care recipient's income support payment is special benefit or youth allowance under the Social Security Act 1991; or
 (b) the care recipient has not reached pension age (within the meaning of subsections 23(5A), (5B), (5C) and (5D) of that Act) and the rate of the care recipient's income support payment is worked out in accordance with the Rate Calculator at the end of section 1066A, 1067L, 1068, 1068A or 1068B of that Act.
 (5) The Aged Care (Transitional Provisions) Principles may specify amounts that are to be taken, in relation to specified kinds of care recipients, to be excluded from determinations under subsection (1) or paragraph (2)(b), (3)(b), (3A)(b) or (4)(b).
 (6) For the purpose of making a determination under subsection (1) or paragraph (4)(b) of the amount that would be worked out as the care recipient's ordinary income for the purpose referred to in that subsection or paragraph, the relevant provisions of the Social Security Act 1991 apply as if:
 (a) paragraph 8(8)(zc) of that Act were omitted; and
 (b) section 1176 of that Act were omitted; and
 (c) any other provision of the social security law (within the meaning of the Social Security Act 1991) were omitted:
 (i) that has the direct or indirect effect of excluding an amount from a person's ordinary income (within the meaning of that Act); and
 (ii) that is specified in the Aged Care (Transitional Provisions) Principles.
Note: The effect of this subsection is that certain amounts that would not be included when working out a person's ordinary income under the Social Security Act 1991 will be included for the purposes of working out a care recipient's total assessable income under this section.
 (7) For the purpose of making a determination under paragraph (2)(b), (3)(b) or (3A)(b) of the amount that would be worked out as the care recipient's ordinary/adjusted income for the purpose referred to in the relevant paragraph, the relevant provisions of the Veterans' Entitlements Act 1986 apply as if:
 (a) section 59X of that Act were omitted; and
 (b) any other provision of the Veterans' Entitlements Act 1986 were omitted:
 (i) that has the direct or indirect effect of excluding an amount from a person's ordinary/adjusted income (within the meaning of that Act); and
 (ii) that is specified in the Aged Care (Transitional Provisions) Principles.
Note: The effect of this subsection is that certain amounts that would not be included when working out a person's ordinary/adjusted income under the Veterans' Entitlements Act 1986 will be included for the purposes of working out a care recipient's total assessable income under this section.
 (8) The Secretary may, by