Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p22
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 22/35)
Character Range: 92528–95353

is equal to:

              (a) whichever is the lower of those rates; or

              (b) if the 2 rates are the same—those rates.'; or

     (e) if the Income Support Supplement Rate Calculator Where There Are Dependent Children at the end of section 45Y is to be used—as if Step 10 of the Method statement in point 45Y-A1 were omitted and the following Step were substituted:

Step 10.  This Step applies only to a person whose pension under Part II or IV is not compensation reduced. Work out the person's provisional rate as follows: compare the adjusted income reduced rate and the assets reduced rate; the person's provisional rate is equal to:

       (a) whichever is the lower of those rates; or

       (b) if the 2 rates are the same—those rates.'.".

Indexed and adjusted amounts

22. Section 59A of the Principal Act is amended by omitting from column 4 of item 1 in the Table "point 45X-B1—Table B" and "point 45Y-B1—Table B" and substituting "point 45X-C1—Table C" and "point 45Y-C1—Table C" respectively.

Date of effect of adverse determination

23. Section 56H of the Principal Act is amended:

    (a) by inserting in paragraph (7)(b) "or income support supplement" after "pension";

    (b) by inserting in paragraph (8)(b) "or income support supplement" after "pension".

General effect of Part

24. Section 59M of the Principal Act is amended:

    (a) by inserting after paragraph (1)(e) the following paragraph:

    "; (f) income support supplement";

    (b) by inserting after subsection (6) the following subsection:

    "(6A) Income support supplement will only be affected under this Part if the compensation is received on or after 1 January 1995.".

Eligibility

25. Section 118AA of the Principal Act is amended by omitting subparagraph (1)(a)(ii) and substituting the following subparagraphs:

     "(ii) a carer service pension; or

     (iii) income support supplement; and".

Further amendments

26. The Principal Act is further amended as set out in Schedule 3.

Consequential amendments of other Acts

27. The Acts specified in Schedule 4 are amended as set out in that Schedule.

Division 4—Funeral benefits

Insertion of section

28. After section 98A of the Principal Act the following section is inserted:

Funeral benefits—automatic grant to estate of certain deceased veterans

"98B.(1) The Commission is to grant a benefit ('funeral benefit') to the estate of a deceased veteran if, immediately before the veteran died:

    (a) he or she was being paid a pension under Part II at a rate that had been increased under subsection 22(4); or

    (b) he or she was being paid a pension under Part II as a veteran to whom section 24 applied; or

    (c) he or she was being paid a pension under Part II at a rate that had been increased under section 27 because the veteran