Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and
(b) the person has, within the notification period referred to in section 93, informed the Secretary that the person has obtained that work;
the Secretary may determine:
(c) that section 93 does not apply to the person's disability support pension; and
(d) that the person's disability support pension is to be suspended with effect from the day the pension would otherwise have ceased to be payable under section 93.
(2) Subsection (1) does not apply to a person if:
(a) the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and
(b) the Secretary's notice is given before the person informs the Secretary that the person has obtained work.
(3) If:
(a) disability support pension ceases to be payable to a person because the rate of the pension is nil as a result of employment income of the person; and
(b) the person has informed the Secretary about the employment income within the notification period referred to in section 93;
the Secretary may determine:
(c) that section 93 does not apply to the person's disability support pension; and
(d) that the person's disability support pension is to be suspended with effect from the day the pension would otherwise have ceased to be payable under section 93.
(3A) If:
(a) the Secretary makes a determination under subsection (1) or (3) suspending a person's disability support pension; and
(b) within 2 years from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and
(c) as a result of the reconsideration, the Secretary is satisfied that:
(i) the person did not receive disability support pension that was payable to the person; or
(ii) the person is not receiving disability support pension that is payable to the person;
the Secretary is to determine that the disability support pension was or is payable to the person, as the case requires.
(3B) The reconsideration referred to in paragraph (3A)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary's own initiative.
(3C) A determination that disability support pension was or is payable to the person under subsection (3A) takes effect:
(a) if the person applied for reconsideration under section 129--on the day the application was made; or
(b) in any other case--on the day the Secretary starts to reconsider the decision to suspend.
(4) If:
(a) the Secretary suspends a person's disability support pension under subsection (1) or (3); and
(b) the determination suspending the disability support pension continues in effect throughout the period of 2 years from the date of effect of the determination;
then, at the end of that period of 2 years, the determination granting the person disability support pension is, by force of this section, revoked.
(5) If:
(a) the Secretary suspends a person's disability support pension under subsection (1) or (3); and
(b) the person has a partner who is receiving:
(i) age pension; or
(ii) disability support pension; or
(iii) service pension, income support supplement or veteran payment;
then, for the period of the suspension, the partner is taken to be partnered (partner getting neither pension nor benefit).
(6) If:
(a) the Secretary suspends a person's disability support pension under subsection (1) or (3); and
(b) the person has a partner who was, immediately before the suspension, receiving carer payment for the period of the suspension of the person's disability support pension ;
the Secretary must determine that the partner's carer payment is not to be cancelled but is to be suspended.