Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:1_87:p1
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 1 cl 87 (pt 1/3)
Character Range: 46455–49032

87  Subsections 234(8) to (11)
Repeal the subsections, substitute:

 (8) If:
 (a) the Secretary makes a determination (the earlier determination) that a person (the carer) is entitled to carer payment because the carer is providing care for a care receiver or care receivers; and
 (b) the determination is based on an assessment of the taxable income of the care receiver, or any of the care receivers, for a tax year; and
 (c) the assessment is subsequently amended by the Commissioner of Taxation, a tribunal or a court; and
 (d) as a result of the amendment of the assessment, the taxable income of the care receiver, or the sum of the taxable incomes of the care receivers, is more than the income ceiling (under section 198A); and
 (e) the Secretary makes a determination under section 231 cancelling or suspending the pension;
the adverse determination takes effect on the day on which the earlier determination took effect.

 (9) If:
 (a) the Secretary makes a determination (the earlier determination) that a person (the carer) is entitled to carer payment because the carer is providing care for a care receiver or care receivers; and
 (b) in making the determination, the Secretary had regard to the taxable income of the care receiver, or the sum of the taxable incomes of the care receivers, for a tax year; and
 (c) the taxable income of the care receiver or any of the care receivers is or includes an amount estimated by:
 (i) in the case of a care receiver who is a higher ADAT score adult—the care receiver or the care receiver's partner; or
 (ii) in the case of a care receiver who is a profoundly disabled child or a disabled child—the parent of the care receiver, the parent's partner (if the parent is a member of a couple), or the carer; or
 (iii) in the case of a care receiver who is a lower ADAT score adult—the care receiver or the care receiver's partner; or
 (iv) in the case of a care receiver who is a dependent child of a lower ADAT score adult—the carer or the care receiver's parent; and
 (d) the Commissioner of Taxation subsequently makes an assessment of that taxable income; and
 (e) as a result of the assessment, the taxable income of the care receiver or the sum of the taxable incomes of the care receivers is more than the income ceiling (under section 198A); and
 (f) the Secretary makes a determination under section 231 cancelling or suspending the carer payment;
the adverse determination takes effect on the day on which the earlier determination took effect.

 (10) If:
 (a) on the basis of the taxable income for a tax year of a