Document ID: chunk:federal_register_of_legislation:C2004A04148:body:0:p36
Version: federal_register_of_legislation:C2004A04148
Segment Type: other
Provision Reference: 
Character Range: 103671–106480

Amendment Act 1988 applied to the person at all times between 12 June 1989 and the person's commencing to receive the service pension; and

    (d)     at all times since the person commenced to receive the service pension:

       (i) the person has continued to receive a service pension;

         and

         (ii) the person's principal home has continued to be in the retirement village;

the person is to be taken not to be an ineligible property owner for the purposes of the Veterans' Entitlements Act 1986.

"(3) If subsection (1) or (2) ceases to apply to the person, that subsection does not apply to the person again.

SCHEDULE 4—continued

                  Social Security and Veterans' Affairs Legislation Amendment Act (No. 4) 1989

Subsection 4 (3):

  Omit "paragraph 47 (3) (e)" (last occurring), substitute:

"point 42-C7 of the Rate Calculator at the end of section 42 or by item 4 of Table C-2 of the Rate Calculator at the end of section 43 of the Veterans' Entitlements Act 1986".

Subsection 4 (4):

  Omit all words from and including "then", substitute:

"then:

    (a) from that commencement until 30 June 1991, the person's income is to continue to be reduced, by an amount in respect of that child worked out under section 37 of that Act until:

       (i) the child stops being a dependent child; or

         (ii) the person is no longer entitled to receive any kind of pension or allowance under Part III of that Act; and

    (b) on and after 1 July 1991, if neither subparagraph (a) (i) nor (ii) has applied, the person's ordinary income free area is increased, in respect of the child, in accordance with:

         (i) points 42-E4 and 42-E7 of the Rate Calculator at the end of section 42; or

         (ii) points 44-D4 and 44-D5 of the Rate Calculator at the end of section 44;

     (as the case requires) until:

      (iii) the child stops being a dependent child; or (iv) the person is no longer entitled to receive any kind of pension under Part III of that Act.".

                Social Security and Veterans' Entitlements (Maintenance Income Test) Amendment Act 1988

Section 21:

  Repeal the section, substitute:

Maintenance income test (changes introduced on 17 June 1988)

  "21. (1) If:

  (a) in the fortnight that ended on 16 June 1988:

         (i) a person was receiving a service pension or a social security pension or social security benefit; and

      (ii) the person had maintenance income; and

  (b) at all times since 17 June 1988, the person has been receiving

SCHEDULE 4—continued

     a service pension or a social security pension or social security benefit; and

    (c)     immediately before the commencement of this section, subsection 21 (4) of the Social Security and Veterans' Entitlements (Maintenance Income Test) Amendment