Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (2), if:
(a) a person has been receiving a social security benefit referred to in paragraph 1061ZA(2)(b) for a continuous period of not less than 39 weeks; and
(b) either:
(i) the person or the person's partner commences employment; or
(ii) there is an increase in the ordinary income of the person or the person's partner from employment; and
(c) but for the commencement of employment or increase in ordinary income, as the case may be, the person would have been, or would have continued to be, qualified for a pensioner concession card under subsection 1061ZA(2); and
(ca) the person did not become qualified under section 1061ZEB for a pensioner concession card because of that employment or increase in ordinary income;
the person is qualified for a pensioner concession card:
(d) if the person is qualified for a pensioner concession card under section 1061ZEA until a particular day--for the period of 26 weeks after that day; and
(e) in any other case--for the period of 26 weeks after the commencement or increase, as the case may be.
(1A) If:
(a) either:
(i) the person first referred to in subsection (1) commences employment; or
(ii) there is an increase in the ordinary income from employment of the person so referred to; and
(b) at the start of the instalment period of the person in which the commencement or increase occurs:
(i) the person is a working credit participant; and
(ii) the person's working credit balance is greater than nil; and
(c) the balance is subsequently reduced to nil because of the commencement or increase; and
(d) the person is not qualified for a pensioner concession card under section 1061ZEA;
paragraph (1)(e) has effect as if the reference to 26 weeks after the commencement or increase were a reference to 26 weeks after the day on which the balance is reduced to nil.
(1B) If:
(a) either:
(i) the partner of the person first referred to in subsection (1) commences employment; or
(ii) there is an increase in the ordinary income from employment of the partner of the person so referred to; and
(b) at the start of the instalment period of the partner in which the commencement or increase occurs:
(i) the partner is a working credit participant or a person to whom the student income bank applies; and
(ii) the partner's working credit balance or student income bank balance is greater than nil; and
(c) the balance is subsequently reduced to nil because of the commencement or increase; and
(d) the person is not qualified for a pensioner concession card under section 1061ZEA;
paragraph (1)(e) has effect as if the reference to 26 weeks after the commencement or increase were a reference to 26 weeks after the day on which the balance is reduced to nil.
(1C) If the person:
(a) is qualified for a pensioner concession card under section 1061ZEA until a particular day; and
(b) has, immediately before becoming so qualified, been receiving a social security benefit referred to in paragraph 1061ZA(2)(b) for a continuous period of less than 39 weeks;
the person is taken, for the purpose of the reference in paragraph (1)(a) to a continuous period of not less than 39 weeks, to be receiving the benefit until the particular day.
(2) Subject to subsection (4), subsection (1) (including that subsection as modified by subsection (1A), (1B) or (1C)) only applies to a person while the person is in Australia and is an Australian resident.
Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).
(3) If, during the period of 26 weeks referred to in subsection (1) (including that subsection as modified by subsection (1A) or (1B)), a person receives an instalment of a social security pension that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.
(4) In spite of subsection (2), subsection (1) (including that subsection as modified by subsection (1A), (1B) or (1C)) applies to a person when:
(a) the person is in Australia; and
(b) the social security benefit that the person had been receiving was received solely because of the operation of the scheduled international agreement between Australia and New Zealand.
Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).