Document ID: chunk:federal_register_of_legislation:C2024A00066:clause:3_95ca:p1
Version: federal_register_of_legislation:C2024A00066
Segment Type: clause
Provision Reference: sch 3 cl 95CA (pt 1/3)
Character Range: 34280–36938

95CA  Carer payment—suspension instead of cancellation under section 93 or 94

Application—temporary cessation of care limit exceeded
 (1) This section applies if:
 (a) a person temporarily ceases to provide care for a care receiver or care receivers (see section 198AC of the 1991 Act); and
 (b) the person ceases to be qualified for carer payment because of the occurrence of an event or change of circumstances (the event) that results in the temporary cessation of care exceeding the limit specified in:
 (i) subsection 198AC(3) of that Act; or
 (ii) the definition of limit in subsection 198AC(3A) of that Act; or
 (iii) paragraph 198AC(4)(c) or (5)(c) of that Act; and
 (c) because of a notice given to the person under subsection 68(2) of this Act, the person is required to inform the Department, within a specified period (the notification period), of the occurrence of the event; and
 (d) but for the occurrence of the event, the person would still have been qualified for carer payment; and
 (e) the person's payment is to be, or has been, cancelled under section 93 or 94 of this Act because the person ceased to be qualified for the reason mentioned in paragraph (b) of this subsection.

Application—income reduced rate nil
 (2) This section applies if:
 (a) carer payment ceases to be payable to a person because the rate of the person's payment is nil; and
 (b) the rate of the person's carer payment is nil because of the occurrence of an event or change of circumstances (the event) that results in the person's income reduced rate (see subsection (3)) being nil; and
 (c) because of a notice given to the person under subsection 68(2), the person is required to inform the Department, within a specified period (the notification period), of the occurrence of the event; and
 (d) but for the person's income reduced rate being nil, carer payment would have continued to be payable to the person; and
 (e) the person's payment is to be, or has been, cancelled under section 93 or 94 because the payment ceased to be payable for the reason mentioned in paragraph (b) of this subsection; and
 (f) at the time of the cessation, the person's ordinary income (as used to work out the person's income reduced rate) includes income for paid work performed by the person in Australia.
 (3) For the purposes of subsection (2), a person's income reduced rate is the rate worked out at step 8 of the method statement in point 1064‑A1 in Module A of Pension Rate Calculator A of the 1991 Act.

Suspension determination—event notified within notification period
 (4) If:
 (a) the person informs the Department of the event mentioned in paragraph (1)(b) or