Document ID: chunk:federal_register_of_legislation:C2025C00162:section:19:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 19 (pt 1/2)
Character Range: 32161–34794

19                   Part 3.14                                        Compensation recovery

Illness separated couple
 (7) Where 2 people are members of a couple, they are members of an illness separated couple if:
 (a) they are unable to live together in their home as a result of the illness or infirmity of either or both of them; and
 (b) because of that inability to live together, their living expenses are, or are likely to be, greater than they would otherwise be; and
 (c) that inability is likely to continue indefinitely.

Respite care couple
 (8) Where 2 people are members of a couple, they are members of a respite care couple if:
 (a) one of the members of the couple has entered approved respite care; and
 (b) the member who has entered the approved respite care has remained, or is likely to remain, in that care for at least 14 consecutive days.
 (9) For the purpose of this Act, a person is in approved respite care on a particular day if the person is eligible for:
 (a) a respite supplement in respect of that day under the Subsidy Principles made for the purposes of subparagraph 44‑5(1)(a)(i) of the Aged Care Act 1997; or
 (b) a respite care supplement in respect of that day under section 44‑12 of the Aged Care (Transitional Provisions) Act 1997.

Temporarily separated couple
 (9A) Two people are members of a temporarily separated couple if they:
 (a) are members of a couple for the purposes of this Act; and
 (c) are living separately and apart from each other but not on a permanent or indefinite basis; and
 (d) are neither an illness separated nor a respite care couple.
Note: For member of a couple see subsection 4(2) and section 24.

Standard family situation categories
 (11) For the purposes of this Act:
 (a) a person is partnered if the person is a member of a couple; and
 (b) a person is partnered (partner getting neither pension nor benefit) if the person is a member of a couple and the person's partner:
 (i) is not receiving a social security pension; and
 (ii) is not receiving a social security benefit; and
 (iii) is not receiving a service pension, income support supplement or a veteran payment; and
 (c) a person is partnered (partner getting pension or benefit) if the person is a member of a couple and the person's partner is receiving:
 (i) a social security pension; or
 (ii) a social security benefit; or
 (iii) a service pension, income support supplement or a veteran payment; and
 (d) a person is partnered (partner getting pension) if the person is a member of a couple and the person's partner is receiving:
 (i) a social security pension; or
 (ii) a service pension,