Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The rate of disability support pension of a person who has not turned 21 and is permanently blind is to be calculated in accordance with the Rate Calculator at the end of this section.
Note: Module A of the Rate Calculator establishes the overall rate calculation process and the remaining Modules provide for the calculation of the component amounts used in the overall rate calculation.
(1A) Subsection (1) does not apply if the person has one or more dependent children.
Note 1: The rate for a disability support pension payable to a person under 21 who has one or more dependent children is dealt with in section 1065.
Note 2: For dependent child see section 5.
(2) A person's disability support pension rate is not to exceed the rate at which a disability support pension would be payable to that person if the person's rate were calculated using Pension Rate Calculator B at the end of section 1065.
(4) Where:
(a) a person who is permanently blind has a relationship with another person, whether of the same sex or a different sex ( other person ); and
(b) the relationship between them is a de facto relationship in the Secretary's opinion (formed after the Secretary has had regard to all the circumstances of the relationship, including, in particular, the matters referred to in paragraphs 4(3)(a) to (e) and subsection 4(3A));
(c) that other person is under the age of consent applicable in the State or Territory in which the person is living;
the rate of disability support pension payable to the person who is permanently blind is not to exceed the rate at which it would be payable to the person if the other person were the person's partner.
Method of calculating rate
1066B - A1 The rate of pension is a daily rate. That rate is worked out by dividing the annual rate calculated according to this Rate Calculator by 364 (fortnightly rates are provided for information only).
Method statement
Step 1. Work out what would be the person's rate of pension if Pension Rate Calculator D applied to the person: the result is called the notional income/assets tested rate .
Step 2. Work out the person's maximum basic rate using MODULE B below.
Step 2A. Work out the energy supplement (if any) using Module BA below.
Step 3. Work out the amount per year for youth disability supplement using MODULE C below.
Step 4. Work out the amount per year (if any) of pharmaceutical allowance using MODULE D below.
Step 5. Add up the amounts obtained in Steps 2, 2A, 3 and 4: the result is called the maximum payment rate .
(a) subtracting from the maximum payment rate any special employment advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any advance payment deduction (see Part 3.16A); and
(c) adding any amount payable by way of remote area allowance (see Module F).
Step 7. Compare the notional income/assets tested rate and the non - income/assets tested rate: whichever is the greater is the person's rate of pension .
Note: An amount of remote area allowance is to be added under Step 6 only if the person's rate of pension after Step 5 is greater than nil.
1066B - B1 A person's maximum basic rate is to be worked out using Table B. Work out the family situation. The maximum basic rate is the corresponding amount in column 3 of the Table.
Table B--Maximum basic rates | |||
Column 1 | Column 2 | Column 3 | Column 4 |
1 | Not a member of a couple and person: (a) is under 18 years of age; and (b) is not independent; and (c) is not living away from the person's parental home because of a medical condition of the person | $9,695.40 | $372.90 |
2 | Not a member of a couple and person: (a) is under 18 years of age; and (b) either: (i) is independent; or (ii) is living away from the person's parental home because of a medical condition of the person | $15,672.80 | $602.80 |
3 | Not a member of a couple and person: (a) has reached 18 years of age; and (b) is living at home of parent or parents; and (c) is not independent | $11,164.40 | $429.40 |
4 | Not a member of a couple and person: (a) has reached 18 years of age; and (b) either: (i) is not living at a home of parent or parents; or (ii) is living at a home of parent or parents, but is independent | $15,672.80 | $602.80 |
5 | $15,672.80 | $602.80 | |
6 | Member of illness separated couple, member of respite care couple or partnered (partner in gaol) | $15,672.80 | $602.80 |
Note 1: For member of a couple , partnered , illness separated couple , respite care couple and partnered (partner in gaol) see section 4.
Note 2: For independent see section 5.
Note 3: For living away from the person's parental home see subsection 23(4D).
Note 4: The rates in column 3 are adjusted annually in line with CPI changes (see section 1198B).
1066B - BA1 An energy supplement is to be added to the person's maximum basic rate if the person is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.
However, this Module does not apply if quarterly energy supplement is payable to the person.
Note: Section 918 may affect the addition of the energy supplement.
1066B - BA2 The person's energy supplement is the amount worked out using the following table:
Energy supplement | ||
Item | Person's family situation for maximum basic rate | Amount of energy supplement |
1 | If the person's maximum basic rate is worked out under item 1 of the table in point 1066B - B1 | $153.40 |
2 | If the person's maximum basic rate is worked out under item 2, 4, 5 or 6 of the table in point 1066B - B1 | $236.60 |
3 | If the person's maximum basic rate is worked out under item 3 of the table in point 1066B - B1 | $171.60 |
Youth disability supplement
1066B - C1 An amount by way of youth disability supplement is to be added to a person's rate. The rate of youth disability supplement is $1,557.40 per year ($59.90 per fortnight).
Note: The rate of youth disability supplement is adjusted annually in line with CPI increases (see section 1198C).
Qualification for pharmaceutical allowance
1066B - D1 Subject to points 1066B - D2, 1066B - D3, 1066B - D4 and 1066B - D6, an additional amount by way of pharmaceutical allowance is to be added to a person's maximum basic rate if the person is an Australian resident.
No pharmaceutical allowance if person receiving certain supplements under other Acts
1066B - D2 Pharmaceutical allowance is not to be added to a person's maximum basic rate if the person is receiving:
(a) veterans supplement under section 118A of the Veterans' Entitlements Act; or
(b) MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act; or
(c) pharmaceutical supplement under Part 3A of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 ; or
(d) pharmaceutical supplement under Part 4 of the Treatment Benefits (Special Access) Act 2019 .
No pharmaceutical allowance if partner receiving certain supplements under other Acts
1066B - D3 Pharmaceutical allowance is not to be added to a person's maximum basic rate if:
(a) the person is a member of a couple; and
(b) the person's partner is receiving:
(i) veterans supplement under section 118A of the Veterans' Entitlements Act; or
(ii) MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act; or
(iii) pharmaceutical supplement under Part 3A of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 ; or
(iv) pharmaceutical supplement under Part 4 of the Treatment Benefits (Special Access) Act 2019 ; and
(c) the person's partner is not receiving a service pension or a veteran payment.
No pharmaceutical allowance before advance payment period ends
1066B - D4 Pharmaceutical allowance is not to be added to a person's maximum basic rate if:
(a) the person has received an advance pharmaceutical allowance under Part 2.23 of this Act; and
(b) the person's advance payment period has not ended.
Note: For advance payment period see point 1066B - D5.
1066B - D5 A person's advance payment period:
(a) starts on the day on which the advance pharmaceutical allowance is paid to the person; and
(b) ends after the number of paydays worked out using the following formula have passed:
where:
"amount of advance" is the amount of the advance paid to the person.
"pharmaceutical allowance rate" is the yearly amount of pharmaceutical allowance which would be added to the person's maximum basic rate in working out the instalment for the day on which the advance is paid if pharmaceutical allowance were to be added to the person's maximum basic rate on that day.
No pharmaceutical allowance if annual limit reached
1066B - D6 Pharmaceutical allowance is not to be added to a person's maximum basic rate if:
(a) the person has received an advance pharmaceutical allowance during the current calendar year; and
(b) the total amount paid to the person for that year by way of:
(i) pharmaceutical allowance; and
(ii) advance pharmaceutical allowance;
equals the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.
Note 1: For the amount paid to a person by way of pharmaceutical allowance see subsections 19A(2) to (6).
Note 2: The annual limit is affected by:
Amount of pharmaceutical allowance
1066B - D8 The amount of pharmaceutical allowance is the amount per year worked out using the following Table:
Pharmaceutical allowance amount table | |||
Column 1 Item | Column 2 Person's family situation | Column 3 Amount per year | Column 4 Amount per fortnight |
1. | Not member of couple | $135.20 | $5.20 |
2. | $67.60 | $2.60 | |
3. | Member of illness separated couple | $135.20 | $5.20 |
4. | Member of respite care couple | $135.20 | $5.20 |
5. | Partnered (partner getting service pension) | $67.60 | $2.60 |
6. | Partnered (partner in gaol) | $135.20 | $5.20 |
Note 1: For member of couple , partnered , illness separated couple , respite care couple and partnered (partner in gaol) see section 4.
Note 2: The amounts in column 3 are adjusted annually in line with CPI increases (see section 1206A).
Remote area allowance
1066B - F1 An amount by way of remote area allowance is to be added to a person's rate of pension if:
(aa) either:
(i) the person's rate of pension apart from this point is greater than nil; or
(ii) apart from this point, the person's rate of pension would be nil merely because an advance pharmaceutical allowance has been paid to the person under Part 2.23 of this Act; and
(a) the person's usual place of residence is situated in the remote area; and
(b) the person is physically present in the remote area.
Note: For remote area and physically present in the remote area see section 14.
Rate of remote area allowance
1066B - F2 The rate of remote area allowance payable to a person is worked out using Table F. Work out which family situation in the Table applies to the person. The rate of remote area allowance is the corresponding amount in column 3 plus an additional corresponding amount in column 5 for each FTB child, and each regular care child, of the person.
Table F--Remote area allowance | |||||
Column 1 Item | Column 2 Person's family situation | Column 3 Basic allowance per year | Column 4 Basic allowance per fortnight | Column 5 Additional allowance per year | Column 6 Additional allowance per fortnight |
1. | Not member of couple | $473.20 | $18.20 | $189.80 | $7.30 |
2. | $405.60 | $15.60 | $189.80 | $7.30 | |
3. | Member of illness separated couple | $473.20 | $18.20 | $189.80 | $7.30 |
4. | Member of respite care couple | $473.20 | $18.20 | $189.80 | $7.30 |
5. | Partnered (partner in gaol) | $473.20 | $18.20 | $189.80 | $7.30 |
Note: For member of couple , partnered , illness separated couple , respite care couple and partnered (partner in gaol) see section 4.
Special rule where partner has an FTB or regular care child but is not receiving a pension
1066B - F4 If:
(a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and
(b) the person's partner is not receiving a pension or benefit; and
(c) the person's partner has an FTB child or a regular care child;
the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.
Special rule where partner has an FTB or regular care child but is not receiving additional allowance for the child
1066B - F5 If:
(a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and
(b) the person's partner has an FTB child or a regular care child; and
(c) the person's partner is not receiving additional allowance for the child;
the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.
Special rule dealing with the death of an FTB or regular care child
1066B - F6 If an FTB child, or a regular care child, of a person dies, this Module has effect, for a period of 14 weeks after the death of the child, as if the child had not died.
Note: This point does not prevent this Module having the effect it would have had if the child would otherwise have ceased to be an FTB child, or a regular care child, during that 14 weeks.