Document ID: chunk:federal_register_of_legislation:C2022A00055:clause:2_21:p1
Version: federal_register_of_legislation:C2022A00055
Segment Type: clause
Provision Reference: sch 2 cl 21 (pt 1/2)
Character Range: 39666–42332

21  At the end of section 53A
Add:

Former recipients with employment income
 (3) If:
 (a) a person is receiving service pension or income support supplement; and
 (b) the pension or supplement ceases to be payable to the person because the rate of the person's pension or supplement is nil; and
 (c) the rate of the person's pension or supplement is nil because of the occurrence of an event or change of circumstances that results in the person's income reduced rate (see subsection (4)) being nil; and
 (d) but for the person's income reduced rate being nil, the person would have continued to be eligible for fringe benefits because the person would have continued to receive the pension or supplement; and
 (e) at the time of the cessation, the ordinary income of the person (as used to work out the person's income reduced rate) includes income for remunerative work performed by the person in Australia as an employee in an employer/employee relationship;
the person remains eligible for fringe benefits for the period of 2 years beginning on the day the pension or supplement ceased to be payable to the person.
 (4) For the purposes of subsection (3), a person's income reduced rate, in relation to a service pension or income support supplement, is the rate worked out in relation to that pension or supplement at step 6 of method statement 1 or step 6 of method statement 5, as the case may be, in Module A of the Rate Calculator.

Partners of certain former recipients with employment
 (5) If:
 (a) because of the occurrence of an event or change of circumstances, a person is:
 (i) eligible for fringe benefits under subsection (3) because the person's pension or supplement ceases to be payable to the person; or
 (ii) qualified for a pensioner concession card under section 1061ZCA of the Social Security Act because subsection (2) of that section applies to the person as a result of age pension ceasing to be payable to the person; or
 (iii) qualified for a pensioner concession card under section 1061ZD of the Social Security Act because subsection (2) of that section applies to the person as a result of the person ceasing to be qualified for disability support pension; or
 (iv) qualified for a pensioner concession card under section 1061ZD of the Social Security Act because subsection (3) of that section applies to the person as a result of disability support pension ceasing to be payable to the person; and
 (b) immediately before the event or change of circumstances, the person's partner was receiving service pension or income support supplement; and
 (c) the partner's pension or supplement ceases to be payable to the partner because