Document ID: chunk:federal_register_of_legislation:C2004A02942:body:0:p12
Version: federal_register_of_legislation:C2004A02942
Segment Type: other
Provision Reference: 
Character Range: 28269–31011

shall, by virtue of this sub-section, be increased by an amount per week equal to the amount per week specified in paragraph (1) (d) or, if the spouse is, in the opinion of the Director-General, less than substantially dependent on the married person, such amount (if any) per week as the Director-General considers reasonable in the circumstances but not exceeding the amount per week so specified.";
(c) by omitting sub-section (4a); and
(d) by omitting sub-section (7) and substituting the following sub-section:
"(7) For the purposes of this section and section 114, 'prescribed pension' means—
(a) a benefit under Part IVaaa or this Part;
(b) a pension under Part III or IV;
(c) an allowance under Part VIIa;
(d) a rehabilitation allowance under Part VIII;
(e) a service pension under the Repatriation Act 1920; or
(f) an allowance under section 9 of the Tuberculosis Act 1948.".

Supplementary allowance
37. Section 112a of the Principal Act is amended—
   (a) by omitting "other than a dependent female or the husband of a dependent female" from the definition of "married person" in sub-section (1) and substituting "other than a de facto spouse";
   (b) by omitting all the words from and including "exceeding $10," (second occurring) from the definition of "prescribed period" in sub-section (1) and substituting "exceeding $10."; and
(c) by omitting sub-section (3aa) and substituting the following sub-section:
"(3aa) An allowance under this section is not payable to a person—
     (a) if the spouse of the person is receiving an incentive allowance under section 26 or 133ja and is living with the person in their matrimonial home; or
(b) in respect of any period during which the person is outside Australia.".

Income test
38. Section 114 of the Principal Act is amended—
(a) by omitting from sub-section (1) "Where" and substituting "Subject to sub-              section (1a), where";

(b) by inserting after sub-section (1) the following sub-section:
"(1a) Where the person referred to in sub-section (1) has a spouse—
(a) whose income is included in the income of the person under sub- section (3); and
(b) who is in receipt of a prescribed pension,
    the rate per week of the benefit payable to the person shall be reduced by one half of the amount which, but for this sub-section, would have been the amount of the reduction under sub-section (1)."; and
(c) by omitting sub-section (5) and substituting the following sub-section:
     "(5) For the purposes of sub-section (1), the income of a person who is qualified to receive a sickness benefit, or of the spouse of that person, shall not include any amount received by that person from a friendly society in respect of the incapacity by reason of which the person is