Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p18
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 18/35)
Character Range: 82231–85035

pension)" after "see";

    (c) by adding at the end of Note 1 after the definition of "compensation affected component" in subsection (1) "and (in the case of income support supplement) Modules B, F and G of the Rate Calculator at the end of section 45Y";

    (d) by adding at the end of Note 2 after the definition of "compensation affected component" in subsection (1) "for service pensions and Modules A and H of the Rate Calculator at the end of section 45Y for income support supplement";

    (e) by inserting after paragraph (c) of the definition of "compensation affected pension" in subsection (1) the following word and paragraph:

"or (d) income support supplement;".

Restrictions on dual pensions

14. Section 39C of the Principal Act is amended by inserting after paragraph (a) the following paragraph:

     "(ab) income support supplement for which the person is eligible under section 45AB; or".

Insertion of section

15. After section 45A of the Principal Act the following section is inserted:

Eligibility for income support supplement (caring for handicapped person)

"45AB.(1) A person is eligible for income support supplement if the person:

    (a) is a war widow or war widower; and

    (b) is an Australian resident; and

    (c) is in Australia; and

    (d) personally provides constant care for a severely handicapped person; and

    (e) lives in the same house as the handicapped person or in a house adjacent to that of the handicapped person.

"(2) If:

    (a) a person is personally providing constant care for a severely handicapped person; and

    (b) the person temporarily ceases to provide that care; and

    (c) the period, or the aggregate of the periods, for which the person ceases to provide that care is:

        (i) not more than 42 days in any calendar year; or

        (ii) another period that the Commission, for any special reason in the particular case, approves in writing;

the person does not cease to be eligible for income support supplement merely because of that cessation.

"(3) If:

    (a) subsection (2) applies to a period during which a person ceases to provide care for a severely handicapped person so that the person does not cease to be eligible for income support supplement because of that cessation; and

    (b) during that period the person is absent from Australia;

the person does not cease to be eligible for income support supplement because of that absence from Australia.

"(4) If:

    (a) a person is personally providing constant care and attention for a severely handicapped person; and

    (b) the person ceases to provide that care and attention in order to undertake training, education or employment; and

    (c) the cessation does not exceed 10 hours per week;

the person does not cease to be eligible