Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p35
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
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Character Range: 88853–92348

after the death of the veteran; and

            (ii) was in that marriage-like relationship when this subsection commenced; or

      (b) the person:

            (i) enters into a relationship with another person after this subsection commenced and, in the Commission's opinion, the relationship was a marriage-like relationship; and

            (ii) entered into that relationship after the death of the veteran.

     Note: The Commission's opinion is to be formed as mentioned in section 11A.".

How to work out the rate of a person's partner service pension

  31. Section 38N of the Principal Act is amended:

     (a) by omitting from subsection (1) "subsections (2) and (3)" and substituting "subsection (2)";

  (b) by omitting subsection (3) (except the Note).

Application of income and assets test reductions for income tax purposes

32. Section 40C of the Principal Act is amended by omitting from subsection (2) the Relevant Modules Table (except the Note) and substituting the following Table:

"

                                                                                      RELEVANT MODULES TABLE
column 1                                                                            column 2                                column 3                column 4                        column 5                         column 6                     column 7
Pension Rate Calculator                                                             additional amounts for children Module  rent assistance Module  maintenance income test Module  pharmaceutical allowance Module  ordinary income test Module  assets test Module
Service Pension Rate Calculator Where There Are No Dependent Children (section 41)  Not applicable                          Module C                Not applicable                  Module CA                        Module D                     Module F
Service Pension Rate Calculator Where There Are Dependent Children (section 42)     Module C                                Module D                Module DAA                      Module DA                        Module E                     Module G

                                           ".

Rate of age, invalidity, partner and carer service pension (no dependent children)

  33. Section 41 of the Principal Act is amended:

     (a) by omitting from subsection (1) "and (5)" and substituting ", (5) and (6)";

  (b) by adding at the end the following subsection:

     Reduced rate if social security pension was payable to the person in the previous week

      "(6) If:

        (a) a service pension becomes payable to a person without a dependent child or dependent children on a pension payday ('service pension payday'); and

        (b) a social security pension was payable to the person on the pension payday (within the meaning of the Social Security Act) immediately before the service pension payday;

    the rate at which the service pension is payable to the person on the service pension payday is to be worked out by using the following formula:

    where:

     'reduced annual rate' means the rate that would be the rate of the person's service pension if:

        (a) it were worked out by using the Rate Calculator at the end of this section; and

        (b) the amount of pharmaceutical allowance under Step 2A of the Method statement in point 42-A1 were nil;

    'PA' means the amount of pharmaceutical allowance added to the person's maximum basic rate under Step 2A