Commonwealth Consolidated Acts

FAMILY ASSISTANCE AND OTHER LEGISLATION AMENDMENT ACT 2012 - SCHEDULE 5

Social Security Act 1991

1   Section   992X (heading)

Repeal the heading, substitute:

992X   Carer supplement

2   Subsection   992X(1)

Repeal the subsection, substitute:

Qualifying for carer supplement

  (1)   A person (the qualified person ) is qualified for carer supplement for a year if the person was or is paid an instalment (the qualifying instalment ) of carer allowance, carer payment or carer service pension in respect of a period that includes 1   July in the year.

Note:   There may be more than one qualifying instalment for carer supplement for a year. For example, if a person is paid both an instalment of carer allowance and an instalment of carer payment in respect of a period including 1   July in the year, both instalments are qualifying instalments for carer supplement for the year for the person.

3   After subsection   992X(3)

Insert:

Effect of nil rates of carer payment, wife pension, partner service pension and carer service pension

  (3A)   If:

  (a)   a person:

  (i)   is not paid an instalment of carer payment or wife pension under this Act in respect of a period that includes 1   July in a year because the person's rate of that payment or pension in respect of that period is nil; or

  (ii)   is not paid an instalment of partner service pension or carer service pension under the Veterans' Entitlements Act in respect of a period that includes 1   July in a year because the person's rate of that pension in respect of that period is nil; and

  (b)   the person's rate of that payment or pension in respect of that period is worked out having regard to an income test module of a rate calculator in this Act or the Veterans' Entitlements Act; and

  (c)   either:

  (i)   if subparagraph   ( a)(i) applies--the person has employment income (within the meaning of this Act) in respect of that period; or

  (ii)   if subparagraph   ( a)(ii) applies--the person has employment income (within the meaning of section   46AB of the Veterans' Entitlements Act) in respect of that period; and

  (d)   the person would have been paid an instalment of that payment or pension in respect of that period if all of the person's income, and all of the person's partner's income (if any), in respect of that period were disregarded;

the person is taken, for the purposes of this section, to have been paid an instalment of that payment or pension in respect of that period.

4   Application

The amendments made by this Schedule apply in relation to 2012 and later years.