Document ID: chunk:federal_register_of_legislation:C2004A04616:section:2:p22
Version: federal_register_of_legislation:C2004A04616
Segment Type: section
Provision Reference: s 2 (pt 22/32)
Character Range: 93245–96082

of adverse determination

"1061ZV.(1) The day on which a determination under section 1061ZQ or 1061ZR (the 'adverse determination') takes effect is worked out in accordance with this section.

  "(2) The adverse determination takes effect on:

  (a) the day on which the determination is made; or

  (b) if another day is specified in the determination—on that day.

"(3) Subject to subsections (4) and (5), the day specified under paragraph (2)(b) must be later than the day on which the determination is made.

Contravention of Act

  "(4) If:

     (a) the person's entitlement to a seniors health card is affected by the adverse determination and the person has contravened a provision of this Act (other than section 1061ZL, 1306 or 1307); and

  (b) the contravention causes a delay in making the determination;

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

False statement or misrepresentation

  "(5) If:

  (a) a person has made a false statement or misrepresentation; and

    (b) because of the false statement or misrepresentation, the person became the holder of a seniors health card when in fact the person was not qualified for the card;

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.".

Insertion of new Part 3.9

  12. After Part 3.7 of the Principal Act the following Part is inserted:

"PART 3.9—SENIORS HEALTH CARD
ORDINARY INCOME TEST CALCULATOR

Seniors Health Card Ordinary Income Test Calculator

"1071. The Seniors Health Card Ordinary Income Test Calculator at the end of this section is to be used in working out whether a person satisfies the seniors health card ordinary income test for the purposes of this Act.

SENIORS HEALTH CARD ORDINARY INCOME TEST
CALCULATOR

Satisfying the seniors health card ordinary income test

"1071-1. This is how to work out whether a person satisfies the seniors health card ordinary income test:

Method statement

      Step 1. Work out the amount of the person's ordinary income on a yearly basis.

         Note: For the treatment of the ordinary income of members of a couple see point 1071-2 Step 2.

      Step 2. Work out the person's seniors health card ordinary income limit using point 1071-3.

      Step 3. Work out whether the person's ordinary income exceeds the person's seniors health card ordinary income limit.

      Step 4. If the person's ordinary income is less than the person's seniors health card ordinary income limit, the person satisfies the seniors health card ordinary income test.

      Step 5. If the person's ordinary income is equal to or exceeds the person's seniors health card ordinary income limit, the person does not satisfy the seniors health card ordinary income test.

Note: The application of the ordinary