Document ID: chunk:federal_register_of_legislation:C2005A00061:clause:4_19
Version: federal_register_of_legislation:C2005A00061
Segment Type: clause
Provision Reference: sch 4 cl 19
Character Range: 45040–47180

19  After subsection 118(12)
Insert:

 (12A) If:
 (a) a decision (the social security decision) was made that rent assistance (the social security rent assistance) was to be included when calculating a person's rate of social security payment for each day in a period; and
 (b) the condition in subsection (12B) is met for each day in that period (which is about rent assistance also being included in family tax benefit); and
 (c) because the inclusion of the social security rent assistance was contrary to Part 3.7 of the 1991 Act, an adverse determination is made to reduce the rate of, or cancel, the person's social security payment for each day in that period;
the adverse determination takes effect on the first day of that period.

 (12B) The condition in this subsection is met for each day in a period if:
 (a) both of the following apply:
 (i) the person was a member of a couple (other than an illness separated couple, a respite care couple or a temporarily separated couple) on each day in the period;
 (ii) when the social security decision was made, a determination under the family assistance law was in force that included rent assistance when calculating the person's, or the person's partner's, Part A rate of family tax benefit for each day in the period; or
 (b) both of the following apply:
 (i) the person was not a member of a couple, or was a member of an illness separated couple, a respite care couple, or a temporarily separated couple, on each day in the period;
 (ii) when the social security decision was made, a determination under the family assistance law was in force that included rent assistance when calculating the person's Part A rate of family tax benefit for each day in the period; or
 (c) all of the following apply:
 (i) when the social security decision was made, no determination of a kind mentioned in subparagraph (a)(ii) or (b)(ii) (as the case requires) was in force;
 (ii) after the social security decision was made, such a determination was made;
 (iii) each day in the period either is, or comes after, the day on which the determination was made.

Veterans' Entitlements Act 1986