Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p18
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 43165–45913

"relative"; and

    (c) by omitting paragraphs (a), (b) and (c) of the definition of "severely handicapped person" in subsection (3) and substituting the following paragraphs:
        "(a) has a physical, intellectual or psychiatric disability; and
         (b) because of that disability, requires:
           (i) frequent attention in connection with the person's bodily functions; or
           (ii) constant supervision to prevent injury to the person or to another person;
         permanently or for an extended period.".
Commencement: 1 February 1988

Repeal of section 40
22. Section 40 of the Principal Act is repealed.
Commencement: 24 December 1987

Interpretation
23. Section 53 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:
"(4) Division 4 of Part V applies to a beneficiary as if the beneficiary were a pensioner for the purposes of that Part.".
Commencement: Day of Royal Assent

Repeal of section 57
24. Section 57 of the Principal Act is repealed.
Commencement: Day of Royal Assent

Right to be paid pension outside Australia
25. Section 60 of the Principal Act is amended:
    (a) by omitting from subsection (2) "A carer's pension" and substituting "Subject to subsection (3), a carer's pension"; and
    (b) by adding at the end the following subsection:
    "(3) Subsection (2) applies to a person who was receiving a carer's pension on 13 May 1987 and was outside Australia on that day as if the reference in that subsection to 1 October 1987 were a reference to 13 May 1988.".
Commencement: 1 October 1987

Pension payable under Reciprocal Agreement
26. (1) Section 63 of the Principal Act is amended by adding at the end the following subsections:

"(2) Where:
    (a) a person is receiving an invalid pension by reason only of the agreements set out in Schedule 1;
    (b) immediately before 1 July 1987, the person was receiving such a pension and an allowance by way of rent assistance under section 30a of the Social Security Act 1947 as in force at that time; and
    (c) if that section were still in operation, the person would be receiving such an allowance;
the person is, subject to subsection (3), entitled to an allowance under this section at the rate (not exceeding the rate of rent assistance payable to the person immediately before 1 July 1987) equal to the difference between:
    (d) the rate of pension payable to the person from time to time or, if that rate is less than the rate of pension that was payable to the person immediately before 1 July 1987, the rate that was so payable; and
    (e) the sum of:
        (i) the rate of pension that was payable to the person immediately before 1 July 1987; and
        (ii) the rate of the allowance