Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p52
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 131062–133977

effect.

    Note: This subsection results in overpayments for the period between the earlier determination and the later determination. These overpayments might be recoverable under Chapter 5 (Overpayments and debt recovery).

SCHEDULE 10—continued

Cancellation or suspension—care receiver's taxable income exceeding income ceiling

"(11) If:

    (a) on the basis of a care receiver's taxable income for a tax year, the Secretary makes a determination that a person (the carer) is entitled to carer pension because the carer is providing care for the care receiver; and

    (b) the care receiver's taxable income for a later tax year exceeds the income ceiling (under section 198A); and

    (c) the Secretary makes a determination under section 231 cancelling or suspending the carer's carer pension;

the day specified under paragraph (2)(b) must be:

    (d) if the Secretary made the determination under section 231 after the carer or care receiver informed the Department that the care receiver's taxable income exceeded the income ceiling—the day on which the carer or care receiver informed the Department; or

    (e) if the Department had not been informed by the carer or the care receiver that the care receiver's taxable income exceeded the income ceiling when the Secretary made the determination under section 231—the day on which the care receiver's income exceeded the income ceiling.

    Note: If the event of the care receiver's taxable income exceeding the income ceiling was specified as a notifiable event in a notice given to the carer or the care receiver under section 222, this subsection will not apply, because the Secretary will not need to make a determination under section 231, as the pension will be cancelled automatically by section 226 or 227.".

17. Subsection 1118(1):

Omit "subparagraph 263(1)(d)(iv)", substitute "sections 198J and 198L, subparagraph 263(1)(d)(iv)".

18. Subsection 1118(2A):

After "sections" insert "198F to 198M or".

19. Subsection 1119(1):

Omit "subparagraph 263(1)(c)(iv)", substitute "sections 198J and 198L, subparagraph 263(1)(d)(iv)".

20. After section 1127:

Insert:

Division does not apply for purposes of care receiver assets test

"1127A. This Division does not apply for the purposes of the assets test set out in Subdivision A of Division 1 of Part 2.5 (care receiver assets test).".

SCHEDULE 10—continued

21. After section 1130:

Insert:

Division does not apply for purposes of care receiver assets test

"1130A. This Division does not apply for the purposes of the assets test set out in Subdivision A of Division 1 of Part 2.5 (care receiver assets test).".

22. After section 1144:

Insert in Division 4 of Part 3.12:

Division does not apply for purposes of care receiver assets test

"1144A.(1) This Division does not apply for the purposes of the assets test set out in Subdivision A of Division 1 of Part 2.5 (care receiver