Document ID: chunk:federal_register_of_legislation:C2024A00066:clause:3_95ca:p2
Version: federal_register_of_legislation:C2024A00066
Segment Type: clause
Provision Reference: sch 3 cl 95CA (pt 2/3)
Character Range: 36681–39411

the method statement in point 1064‑A1 in Module A of Pension Rate Calculator A of the 1991 Act.

Suspension determination—event notified within notification period
 (4) If:
 (a) the person informs the Department of the event mentioned in paragraph (1)(b) or (2)(b) within the notification period; and
 (b) the person's carer payment has not yet been cancelled under section 93;
the Secretary may determine that:
 (c) section 93 does not apply to cancel the person's carer payment; and
 (d) the person's carer payment is suspended for a period of 26 weeks with effect from the day the carer payment would otherwise have ceased to be payable under section 93.
 (5) If:
 (a) the person informs the Department of the event mentioned in paragraph (1)(b) or (2)(b) within the notification period; and
 (b) the person's carer payment has been cancelled under section 93; and
 (c) within the period of 26 weeks after the cancellation, the person's circumstances (such as the person's provision of care or the person's amount of ordinary income) would not preclude the person from receiving carer payment;
the Secretary may determine that:
 (d) the person is to be treated as if section 93 had not applied to cancel the person's carer payment; and
 (e) the person's carer payment is suspended for a period of 26 weeks with effect from the day the carer payment had ceased to be payable under section 93.

Suspension determination—event not notified within notification period
 (6) If:
 (a) the person does not inform the Department of the event mentioned in paragraph (1)(b) or (2)(b) within the notification period; and
 (b) the person's carer payment has been cancelled under section 94; and
 (c) the Department subsequently becomes aware of the event; and
 (d) within the period of 28 weeks after the cancellation, the person's circumstances (such as the person's provision of care or the person's amount of ordinary income) would not preclude the person from receiving carer payment;
the Secretary may determine that:
 (e) the person is to be treated as if section 94 had not applied to cancel the person's carer payment; and
 (f) the person's carer payment is suspended for a period of 28 weeks with effect from the day the carer payment had ceased to be payable under section 94.

Residency requirement
 (7) The Secretary must not make a determination under subsection (4), (5) or (6) unless the Secretary is satisfied that the person is residing in Australia.

Resumption of carer payment after suspension
 (8) If:
 (a) the Secretary suspends a person's carer payment under subsection (4), (5) or (6); and
 (b) within the period the suspension is in effect, the Secretary reconsiders the decision to suspend; and
 (c) as a result of