Document ID: chunk:federal_register_of_legislation:C2024C00866:section:118p:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 118P (pt 1/4)
Character Range: 1518195–1520790

118P  Eligibility for energy supplement

Person holds a seniors health card
 (1) A person is eligible for energy supplement if:
 (a) the person is the holder of a seniors health card; and
 (aa) the person:
 (i) is in Australia; or
 (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks; and
 (b) the person is not receiving any of the following:
 (i) a service pension;
 (ii) income support supplement;
 (iii) a social security pension or social security benefit;
 (iv) energy supplement under Part 2.25B of the Social Security Act.
 (1A) Subject to subsections (1C), (1E) and (1G), subsection (1) applies to a person on or after the commencement of this subsection only if on 19 September 2016:
 (a) energy supplement was payable to the person under section 118PA; or
 (b) energy supplement was payable to the person under section 1061UA of the Social Security Act 1991.
Note: For subsection (1) to apply to the person on a day on or after that commencement, the person needs to satisfy paragraphs (1)(a) to (b) on that day.
 (1B) Subject to subsection (1G), if:
 (a) energy supplement was payable to a person under section 118PA, or section 1061UA of the Social Security Act 1991, on 19 September 2016; and
 (b) energy supplement ceases to be payable to the person under either of those sections on or after 20 September 2016;
then subsection (1) of this section does not apply, and never again applies, to the person from:
 (c) if the cessation occurred before the commencement of this subsection—the start of the day this subsection commences; or
 (d) if the cessation occurred on or after the commencement of this subsection—the start of the day of that cessation.
 (1C) If:
 (a) a person was not eligible for energy supplement under subsection (1) on 19 September 2016; and
 (b) on 19 September 2016 the person was receiving an income support payment (within the meaning of the Social Security Act 1991), where energy supplement was used to work out the rate of that payment; and
 (c) on a day (the cessation day) on or after the commencement of this subsection the person ceases to be in receipt of any income support payment (within the meaning of the Social Security Act 1991); and
 (d) on the day before the cessation day the person was receiving an income support payment (within the meaning of the Social Security Act 1991) where energy supplement was used to work out the rate of that payment; and
 (e) the person is required to make a claim for a seniors health card in order for such a card to be granted to the person;
the person