Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p54
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 136533–139403

the Commonwealth.

SCHEDULE 10—continued

Some carer pension overpayments are debts if carer knew about care receiver's affairs

"(1C) Despite subsection (1B), an amount described in subsection (1B) is a debt due to the Commonwealth if it was reasonable for the carer to know that:

    (a) the estimate of the care receiver's income was incorrect; or

    (b) the assessment or amended assessment of the care receiver's income had been amended; or

    (c) the care receiver should have informed the Department of the occurrence, or of the likelihood of the occurrence, of the notifiable event;

as the case requires.".

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                          SCHEDULE 11 Section 3

AMENDMENT OF THE SOCIAL SECURITY ACT 1991 TO REMOVE REQUIREMENT FOR CARER PENSIONER TO LIVE WITH, OR NEXT TO, PERSON CARED FOR

1. Paragraph 198(1)(c):

Omit the paragraph.

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                          SCHEDULE 12 Section 3

ADVANCE PAYMENTS OF SOME SOCIAL SECURITY PENSIONS AND SOCIAL SECURITY BENEFITS

1. Section 3:

After the entry relating to "social security benefit" in the Index insert:

''social security entitlement  23(1)".

2. Subsection 23(1):

Insert:

"social security entitlement means:

(a) an age pension; or

(b) a disability support pension; or

(c) a wife pension; or

(d) a carer pension; or

(e) a sole parent pension; or

(f) a widow B pension; or

(g) a widow allowance; or

(h) a disability wage supplement; or

(i) a job search allowance; or

(j) a newstart allowance; or

(k) a mature age allowance; or

(1) a mature age partner allowance.".

3. Paragraph 67(l)(b):

Omit the paragraph, substitute:

"(b) either or both of the following apply:

       (i) instalments of age pension payable to the person (whether on the person's own behalf or not) are being paid to the credit of the account;

       (ii) an advance payment of age pension payable to the person (whether on the person's own behalf or not) has been paid to the credit of the account; and".

4. Subsection 67(2) (Step 1 in Method statement):

Omit "of age pension payable to the person", substitute "payable to the person in respect of age pension or advance payment of age pension".

5. Subsection 67(3) (Note):

Omit all the words after "amounts".

SCHEDULE 12—continued

6. Paragraph 129(1)(b):

Omit the paragraph, substitute:

"(b) either or both of the following apply:

       (i) instalments of disability support pension payable to the person (whether on the person's own behalf or not) are being paid to the credit of the account;

       (ii) an advance payment of disability support pension payable to the person (whether on the person's own behalf or not) has been paid to the credit of the account; and".

7. Subsection 129(2) (Step 1 in Method statement):

Omit "of disability support pension payable to the person", substitute "payable to the person in respect