Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p52
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 133605–136370

receiver or the person caring for the care receiver; and

    (c) a person requests the Commission under section 57AA to review the previous decision; and

    (d) a favourable decision is made as a result of the request;

the favourable the day on which the event or change of circumstances occurs; or decision takes effect on the day on which the previous decision took effect.

Limitation on retrospective commencement of decision

"(3) This section has effect subject to sections 39B and 45C.".

27. After section 59GB:

Insert:

Adjustment of income ceiling for care receiver

"59GC. This Act has effect as if, on 1 January each year, the income ceiling for a care receiver were replaced with the amount that is the income ceiling for a care receiver for the purposes of Part 3.16 (Indexation) of the Social Security Act after indexation on that day.

Adjustment of assets value limit for care receiver

"59GD. This Act has effect as if, on 1 January each year, the amount set out in subsection 53AD(1) were replaced with the corresponding amount applicable under subsection 198D(1) of the Social Security Act after indexation on that day.

Adjustment of assets value hardship limits for care receiver

"59GE. This Act has effect as if, on 1 January each year, the amounts set out in subsections 53AN(2), (3) and (4) were replaced with the corresponding amounts applicable under subsections 198N(2), (3) and (4) of the Social Security Act after indexation on that day.".

28. Subsection 205(1):

Omit "This section", substitute "Subject to subsection (1AA), this section".

SCHEDULE 6—continued

29. After subsection 205(1):

  Insert:

Some carer service pension or income support supplement overpayments are debts only if carer knew of error or failure to tell Commission

"(IAA) If:

    (a) an amount has been paid to a person (the carer) by way of carer service pension or income support supplement because the carer was providing care for a care receiver; and

    (b) the amount was paid on the basis that the carer was eligible for carer service pension or income support supplement when in fact the carer was not eligible:

         (i) because an estimate of the care receiver's income was an underestimate; or

         (ii) because an assessment of the care receiver's income had been amended; or

        (iii) because of the occurrence, or the likelihood of the occurrence, of a notifiable event of whose occurrence or likely occurrence the care receiver had not told the Department or an officer;

the amount is not a recoverable amount unless it was reasonable for the carer to know that the estimate was incorrect, that the assessment of the care receiver's income had been amended or that the care receiver should have told the Department or