Document ID: chunk:federal_register_of_legislation:C2004A04978:body:0:p16
Version: federal_register_of_legislation:C2004A04978
Segment Type: other
Provision Reference: 
Character Range: 37453–40096

veteran from a date (the operative date) before the date on which a decision to grant the pension, or to increase the rate of the pension, (the decision) is made; and

    (b) the veteran is a member of a couple or was a member of a couple at any time during the period between the operative date and the date of the decision (the arrears period); and

    (c) the veteran's partner was receiving:

(i) a social security pension or benefit; or

(ii) income support supplement;

at any time during the arrears period; and

    (d) the rate at which the social security pension or benefit or income support supplement is payable to the veteran's partner is reduced as a result of the pension becoming payable to the veteran, or becoming payable to the veteran at an increased rate, as the case requires.

Note: The amount of arrears of pension payable to a veteran may also be affected by section 205 or 205AA.

"(2) The amount of the pension payable to the veteran in respect of the arrears period is reduced by an amount calculated as follows:

SCHEDULE 3—continued

Method statement
 Step 1.          Work out the total amount of the pension that would have been paid to the veteran during the arrears period if the decision had been made on the operative date.
 Step 2.          Work out the total amount (if any) of the pension that was paid to the veteran during the arrears period.
 Step 3.          Subtract the amount obtained in Step 2 from the amount obtained in Step 1. The result is called the provisional arrears.
 Step 4.          Work out the total amount of social security pension or benefit or income support supplement that was paid to the veteran's partner during the arrears period.
 Step 5.          Work out the total amount (if any) of social security pension or benefit or income support supplement that would have been payable to the veteran's partner during the arrears period if the decision had been made on the operative date.
 Step 6.          Subtract the amount obtained in Step 5 from the amount obtained in Step 4. The result is called the excess payment.
 Step 7.          If the excess payment is equal to or more than the provisional arrears, the pension payable to the veteran in respect of the arrears period is reduced by the amount of the provisional arrears.
 Step 8.          If the excess payment is less than the provisional arrears, the amount of the pension payable to the veteran in respect of the arrears period is reduced by the amount of the excess payment.

Certain decisions under section 27A reviewable under the Social Security Act

"27B.(1) This section applies if:

    (a) a decision