Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p39
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 39/61)
Character Range: 278373–281115

must be given:
 (a) if an application for a determination was made under subsection (5)—within 28 days after the application was made, or, if the Secretary requested further information in relation to the application, within 28 days after receiving the information; or
 (b) if such an application was not made—within 28 days after the decision is made.
 (7) A determination under subsection (2) is not a legislative instrument.

44‑24  The care recipient's total assessable income
 (1) If the care recipient is not entitled to an *income support payment, his or her total assessable income is the amount the Secretary determines to be the amount that would be worked out as the care recipient's ordinary income for the purpose of applying Module E of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991.
Note: Determinations are reviewable under Part 6.1.
 (2) If the care recipient is entitled to a *service pension, his or her total assessable income is the sum of:
 (a) the amount of the care recipient's service pension reduced by the amount worked out under subsection 5GA(3) of the Veterans' Entitlements Act 1986 to be the care recipient's minimum pension supplement amount; and
 (b) the amount the Secretary determines to be the amount that would be worked out as the care recipient's ordinary/adjusted income for the purpose of applying Module E of the Rate Calculator in Schedule 6 to the Veterans' Entitlements Act 1986.
Note: Determinations are reviewable under Part 6.1.
 (3) If the care recipient is entitled to an *income support supplement, his or her total assessable income is the sum of:
 (a) the amount of the care recipient's income support supplement reduced by the amount worked out under subsection 5GA(3) of the Veterans' Entitlements Act 1986 to be the care recipient's minimum pension supplement amount; and
 (b) the amount the Secretary determines to be the amount that would be worked out as the care recipient's ordinary/adjusted income for the purpose of applying Module E of the Rate Calculator in Schedule 6 to the Veterans' Entitlements Act 1986.
Note: Determinations are reviewable under Part 6.1.
 (3A) If the care recipient is entitled to a *veteran payment, his or her total assessable income is the sum of:
 (a) the amount of the care recipient's veteran payment reduced by the amount worked out under subsection 5GA(3) of the Veterans' Entitlements Act 1986 to be the care recipient's minimum pension supplement amount; and
 (b) the amount the Secretary determines to be the amount that would be worked out as the care recipient's ordinary/adjusted income for the purpose of applying Module E of the Rate Calculator in Schedule 6 to the Veterans' Entitlements Act 1986.