Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:1_87:p2
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 1 cl 87 (pt 2/3)
Character Range: 48802–51503

under section 231 cancelling or suspending the carer payment;
the adverse determination takes effect on the day on which the earlier determination took effect.

 (10) If:
 (a) on the basis of the taxable income for a tax year of a care receiver who is a higher ADAT score adult, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care for the care receiver; and
 (b) the care receiver's taxable income for a later tax year exceeds the income ceiling (under section 198A); and
 (c) the Secretary makes a determination under section 231 cancelling or suspending the carer's carer payment;
the adverse determination takes effect:
 (d) if the Secretary made the determination under section 231 after the carer or care receiver informed the Department that the care receiver's taxable income exceeded the income ceiling—on the day on which the carer or care receiver informed the Department; or
 (e) if the Department has not been informed by the carer or the care receiver that the care receiver's taxable income exceeded the income ceiling when the Secretary made the determination under section 231—on the day on which the care receiver's income exceeded the income ceiling.

 (11) If:
 (a) on the basis of the taxable income for a tax year of a care receiver who is a profoundly disabled child, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care for the care receiver; and
 (b) the care receiver's taxable income for a later tax year exceeds the income ceiling (under section 198A); and
 (c) the Secretary makes a determination under section 231 cancelling or suspending the carer's carer payment;
the adverse determination takes effect:
 (d) if the Secretary made the determination under section 231 after the parent or carer of the disabled child informed the Department that the care receiver's taxable income exceeded the income ceiling—on the day on which the parent or carer informed the Department; or
 (e) if the Department has not been informed by the parent or carer that the care receiver's taxable income exceeded the income ceiling when the Secretary made the determination under section 231—on the day on which the care receiver's income exceeded the income ceiling.

 (12) If:
 (a) on the basis of the sum of the taxable incomes for a tax year of care receivers who are disabled children, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care to the care receivers; and
 (b) the sum of the taxable incomes of the care receivers for a later tax year exceeds the income