Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p29
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 76158–78915

pension or an income support supplement is payable to a person (the carer) who has ordinarily been providing constant care for a severely handicapped person; and

    (b) the carer would, apart from this section, cease to be eligible for the pension or supplement because the severely handicapped person has begun to reside in a nursing home, or to be in residential care, on a permanent basis.

"(2) The carer service pension or income support supplement continues to be payable to the carer on each of the first 7 paydays after the carer ceases to be eligible, and is then cancelled by this subsection.

"(3) Subject to subsection (4), if a person is receiving a carer service pension or an income support supplement solely because of subsections (1) and (2), the rate at which the pension or supplement is payable is to be determined having regard to the person's actual circumstances.

"(4) If the person and the person's partner were a respite care couple immediately before the partner began to reside in a nursing home or to be in residential care on a permanent basis, the rate at which the person's pension is payable will be calculated as if they were not a respite care couple.

SCHEDULE 3—continued

"(5) If the carer dies while receiving payments under this section, the severely handicapped person is not entitled to a payment under Subdivision B of Division 12A of Part IIIB because of the carer's death.

   Note: If the carer dies while receiving a carer service pension or income support supplement, section 53Q applies.

"(6) If the severely handicapped person dies after beginning to reside in the nursing home or in residential care, the carer is not entitled to a payment ' under Division 12A of Part IIIB because of the person's death.

"(7) A person's entitlements under this Division are instead of, and not in addition to, any entitlements the person would, apart from this section, have to a service pension, an income support supplement, a social security pension or a social security benefit.".

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SCHEDULE 4 Subsection 3(1)

AMENDMENT OF THE VETERANS' ENTITLEMENTS ACT 1986 TO EXTEND DISREGARD OF HOMES OF PEOPLE WHO ARE RECEIVING OR PROVIDING COMMUNITY-BASED CARE

1. Paragraph 5L(7)(b):

Omit, substitute:

    "(b) if the person is in a relevant care situation—the period of 2 years beginning when the person started to be in a relevant care situation; and".

2. Subparagraph 5L(7)(c)(i):

Omit "residing in a nursing home", substitute "in a relevant care situation".

3. Paragraph 5L(7)(d):

Omit, substitute:

"(d) if:

(i) the person is in a relevant care situation; and

       (ii) while paragraph (c) applies, the person's partner or non-illness separated spouse dies while in a relevant care situation;