Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p50
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 128496–131367

a determination (the earlier determination) that a person (the carer) is entitled to carer service pension or income support supplement because the carer is providing care for a care receiver; and

    (b) in making the determination, the Commission had regard to the care receiver's taxable income for a tax year; and

    (c) that taxable income is or includes an amount estimated by the care receiver or care receiver's partner; and

    (d) the Commissioner of Taxation afterwards makes an assessment of that taxable income; and

    (e) the amount assessed by the Commissioner of Taxation is more than the income ceiling (under section 53AA); and

    (f) the Commission makes a determination under section 56E cancelling or suspending the carer service pension or income support supplement;

the day stated under paragraph (2)(b) must be the day on which the earlier determination took effect.

   Note: This subsection results in overpayments for the period between the earlier determination and the later determination. These overpayments might be recoverable under section 205 or 205A.

   SCHEDULE 6—continued

Cancellation or suspension—care receiver's taxable income exceeding income ceiling

"(11) If:

    (a) on the basis of a care receiver's taxable income for a tax year, the Commission makes a determination that a person (the carer) is entitled to carer service pension or income support supplement because the carer is providing care for the care receiver; and

    (b) the care receiver's taxable income for a later tax year exceeds the income ceiling (under section 53AA); and

    (c) the Commission makes a determination under section 56E cancelling or suspending the carer's carer service pension or income support supplement;

the day stated under paragraph (2)(b) must be:

    (d) if the Commission made the determination under section 56E after the carer or care receiver told the Department or an officer that the care receiver's taxable income exceeded the income ceiling—the day on which the carer or care receiver told the Department or officer; or

    (e) if the Department or an officer had not been told by the carer or the care receiver that the care receiver's taxable income exceeded the income ceiling when the Commission made the determination under section 56E—the day on which the care receiver's income exceeded the income ceiling.

   Note: If the event of the care receiver's taxable income exceeding the income ceiling was stated as a notifiable event in the notice given to the carer under section 54 or the care receiver under section 54D, this subsection will not apply because the Commission will not need to make a determination under section 56E as the pension will be cancelled automatically by section 56, 56A, 56BB or 56BC.".

22. After section 56H:

Insert:

Date of effect of adverse decision under section 53AN