Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p32
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 83970–86844

needs, and has been receiving or is likely to receive, a substantial level of care in a private residence for at least 14 consecutive days; and

    (b) a person is personally providing community-based care for another person if, in the Commission's opinion, the first-mentioned person is personally providing for the other person in a private residence a substantial level of care needed by the other person and has personally provided, or is likely personally to provide, that level of care for at least 14 consecutive days; and

SCHEDULE 5—continued

    (c) a person is in a care situation if:

(i) the person is residing in a nursing home; or

(ii) the person is receiving community-based care.".
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SCHEDULE 6 Subsection 3(1)

AMENDMENT OF THE VETERANS' ENTITLEMENTS ACT 1986 TO EXTEND CARER SERVICE PENSION AND INCOME SUPPORT SUPPLEMENT TO PEOPLECARING FOR OTHERS WHO DO NOT RECEIVE A PENSION OR BENEFIT

1. Section 5 (Index):

Insert in its appropriate alphabetical position determined on a letter-by-letter basis:

"care receiver 5Q(1).".

2. Subsection 5Q(1):

Insert:

"care receiver means a person referred to in:

(a) subparagraph (c)(ii) of the definition of severely handicapped veteran in subsection 39(3); or

(b) subparagraph (c)(ii) of the definition of severely handicapped person in subsection 45AB(5).".

3. Subsection 39(3) (definition of severely handicapped veteran):

Omit paragraph (c), substitute:

"(c) either:

(i) is receiving an age service pension or an invalidity service pension; or

       (ii) is not receiving such a service pension but passes the income test under section 53AA and either passes the assets test under section 53AD or is the subject of a decision in force under section 53AN that the assets test does not apply to the veteran.".

4. Subsection 45AB(5) (definition of severely handicapped person):

Omit paragraph (c), substitute:

"(c) either:

       (i) is a service pensioner or is receiving either a social security pension or an income support supplement; or

       (ii) is not such a pensioner and is not receiving such a pension or supplement but passes the income test under section 53AA and either passes the assets test under section 53AD or is the subject of a decision in force under section 53AN that the assets test does not apply to the person.".

SCHEDULE 6—continued

5. Subsection 52(1):

Omit "and 52H", substitute 52H, 53AJ and 53AL".

6. Subsection 52A(1):

Omit "and 52H", substitute 52H, 53AJ and 53AL".

7. After section 52J:

Insert in Subdivision B of Division 11 of Part IIIB:

Subdivision does not apply for purposes of care receiver assets test

"52K. This Subdivision does not apply for the purposes of the assets test set out in Division 11A.".

8. Paragraph 52Q(3)(e):

Omit "section 52G", substitute "sections 52G and 53AJ".

9. Paragraph 52R(3)(e):

Omit "section 52H",