Document ID: chunk:federal_register_of_legislation:C2009A00081:clause:9_31:p3
Version: federal_register_of_legislation:C2009A00081
Segment Type: clause
Provision Reference: sch 9 cl 31 (pt 3/4)
Character Range: 177837–180470

couple;
 (iii) member of a respite care couple; and
 (b) the person either:
 (i) is not residing in Australia; or
 (ii) is absent from Australia and has been so for a continuous period exceeding 13 weeks.

      Method statement
           Step 1. Work out what each of the following amounts would have been on 20 September 2009, taking account of indexation under Division 18 of Part IIIB on that day, if the Veterans' Affairs and Other Legislation Amendment (Pension Reform) Act 2009 had not been enacted:

                (a) the amount that would be the pension MBR (within the meaning of Division 18 of Part IIIB) for a person who is not a member of a couple assuming that section 59EA did not apply on 20 September 2009;
                (b) pension supplement (within the meaning of Division 18 of Part IIIB) for a person who is not (and was not on 1 July 2000) a member of a couple.

           Step 2. Add up the amounts worked out under step 1.
Note 1: For member of a couple, illness separated couple and respite care couple see subsections 5E(1) and 5R(5) and (6) respectively.
Note 2: Subsection 5G(1A) is relevant to determining whether a person is residing in Australia.
Note 3: Section 59A explains the abbreviations used in Division 18 of Part IIIB.

Partnered person not covered by subclause (2)
 (4) For the purposes of subparagraph 30(4)(a)(i), work out the amount as follows if, on the relevant day:
 (a) the person is a member of a couple, but not a member of an illness separated couple or respite care couple; and
 (b) the person either:
 (i) is not residing in Australia; or
 (ii) is absent from Australia and has been so for a continuous period exceeding 13 weeks.

      Method statement
           Step 1. Work out what each of the following amounts would have been on 20 September 2009, taking account of indexation under Division 18 of Part IIIB on that day, if the Veterans' Affairs and Other Legislation Amendment (Pension Reform) Act 2009 had not been enacted:

                (a) the amount that would be the pension MBR (within the meaning of Division 18 of Part IIIB) for a member of a couple (other than an illness separated couple or a respite care couple) assuming that section 59EA did not apply on 20 September 2009;
                (b) pension supplement (within the meaning of Division 18 of Part IIIB) for a person who is (and was on 1 July 2000) a member of a couple (other than an illness separated couple or a respite care couple).

           Step 2. Add up the amounts worked out under step 1.
Note 1: For member of a couple, illness separated couple and respite care couple see