Document ID: chunk:federal_register_of_legislation:C2013C00025:clause:3_6
Version: federal_register_of_legislation:C2013C00025
Segment Type: clause
Provision Reference: sch 3 cl 6
Character Range: 7020–8728

6  After subsection 94(3)
Insert:

 (3A) If:
 (a) a person is receiving disability support pension; and
 (b) the Secretary gives the person a notice under subsection 63(2) or (4) of the Administration Act in relation to assessing the person's qualification for that pension;
then paragraph (2)(aa) of this section does not apply in relation to that assessment.

Severe impairment

 (3B) A person's impairment is a severe impairment if the person's impairment is of 20 points or more under the Impairment Tables, of which 20 points or more are under a single Impairment Table.

Example 1: A person's impairment is of 30 points under the Impairment Tables, made up of 20 points under one Impairment Table and 10 points under another Impairment Table. The person has a severe impairment.

Example 2: A person's impairment is of 40 points under the Impairment Tables, made up of 20 points under one Impairment Table and 20 points under another Impairment Table. The person has a severe impairment.

Example 3: A person's impairment is of 20 points under the Impairment Tables, made up of 10 points each under 2 separate Impairment Tables. The person does not have a severe impairment.

Active participation in a program of support

 (3C) A person has actively participated in a program of support if the person has satisfied the requirements specified in a legislative instrument made by the Minister for the purposes of this subsection.

 (3D) The Secretary must comply with any guidelines in force under subsection (3E) in deciding whether the Secretary is satisfied as mentioned in paragraph (2)(aa).

 (3E) The Minister may, by legislative instrument, make guidelines for the purposes of subsection (3D).