Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p41
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 41/61)
Character Range: 283321–286070

a person's ordinary income (within the meaning of that Act); and
 (ii) that is specified in the Subsidy Principles.
Note: The effect of this subsection is that certain amounts that would not be included when working out a person's ordinary income under the Social Security Act 1991 will be included for the purposes of working out a care recipient's total assessable income under this section.
 (7) For the purpose of making a determination under paragraph (2)(b), (3)(b) or (3A)(b) of the amount that would be worked out as the care recipient's ordinary/adjusted income for the purpose referred to in the relevant paragraph, the relevant provisions of the Veterans' Entitlements Act 1986 apply as if:
 (a) section 59X of that Act were omitted; and
 (b) any other provision of the Veterans' Entitlements Act 1986 were omitted:
 (i) that has the direct or indirect effect of excluding an amount from a person's ordinary/adjusted income (within the meaning of that Act); and
 (ii) that is specified in the Subsidy Principles.
Note: The effect of this subsection is that certain amounts that would not be included when working out a person's ordinary/adjusted income under the Veterans' Entitlements Act 1986 will be included for the purposes of working out a care recipient's total assessable income under this section.
 (8) The Secretary may, by notice in writing, request one or more of the following:
 (a) the care recipient;
 (b) a person acting for or on behalf of the care recipient;
 (c) any other person whom the Secretary believes has information that would assist the Secretary in making the determination;
to give, within the period specified in the notice, to the Secretary such information as is specified in the notice for the purposes of making the determination.
Note: A person is not obliged to provide the information.
 (9) A determination under subsection (1) or paragraph (2)(b), (3)(b), (3A)(b) or (4)(b) takes effect on the day specified by the Secretary. The day may be earlier than the day on which the determination is made.
 (10) The Secretary must notify, in writing, the care recipient of any determination under subsection (1) or paragraph (2)(b), (3)(b), (3A)(b) or (4)(b).
 (11) The notice must include such matters as are specified in the Subsidy Principles.
 (12) A determination made under subsection (1) or paragraph (2)(b), (3)(b), (3A)(b) or (4)(b) is not a legislative instrument.

44‑26  The care recipient's total assessable income free area
  The total assessable income free area for a care recipient is the sum of:
 (a) the amount worked out by applying point 1064‑B1 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991; and
 (b) the amount worked out under point 1064‑BA4