Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Paragraph 94(1)(ea)
Omit "either", substitute "one of the following applies".
2 Subparagraph 94(1)(ea)(i)
Omit "or".
3 After subparagraph 94(1)(ea)(i)
Insert:
(ia) the person is absent from Australia and the Secretary has made a determination in relation to the person under subsection 1218AAA(1);
4 Paragraph 95(1)(d)
Omit "either", substitute "one of the following applies".
5 Subparagraph 95(1)(d)(i)
Omit "or".
6 After subparagraph 95(1)(d)(i)
Insert:
(ia) the person is absent from Australia and the Secretary has made a determination in relation to the person under subsection 1218AAA(1);
7 Section 1212
Insert:
"severely impaired disability support pensioner" means a person in respect of whom the Secretary has made a determination under subsection 1218AAA(1).
8 Section 1217 (table item 2, column 5)
After "sections", insert "1218AAA,".
9 Section 1217 (after table item 2)
Insert:
2A | Disability support pension | Severely impaired disability support pensioner | Any absence | Unlimited period |
10 Before section 1218AA
Insert:
(1) The Secretary may make a written determination that a particular person's maximum portability period for disability support pension is an unlimited period, if all of the following circumstances (the qualifying circumstances ) exist:
(a) the person is receiving disability support pension;
(b) the Secretary is satisfied that the person's impairment is a severe impairment (within the meaning of subsection 94(3B));
(c) the Secretary is satisfied that the person will have that severe impairment for at least the next 5 years;
(d) the Secretary is satisfied that, if the person were in Australia, the severe impairment would prevent the person from performing any work independently of a program of support (within the meaning of subsection 94(4)) within the next 5 years.
(2) The Secretary must not make a determination under subsection ( 1) in relation to a person who is outside Australia unless the Secretary is satisfied that:
(a) the person is unable to return to Australia because of either of the following events :
(i) a serious a ccident involving the person;
(ii) the hospitalisation of the person; and
(b) the person's portability period for disability support pension had not ended at the time the event occurred.
(3) The Secretary may revoke the determination if any of the qualifying circumstances ceases to exist.
(4) A determination under subsection ( 1) is not a legislative instrument.
(5) In this section:
"work" means work:
(a) that is on wages that are at or above the relevant minimum wage; and
(b) that exists in Australia, even if not within the person's locally accessible labour market.
11 Section 1218AA (heading)
Repeal the heading, substitute:
12 Subsection 1220B(1)
Omit "for a severely disabled person for whom an unlimited maximum portability period for the pension has been determined under section 1218AA", substitute "for a person for whom an unlimited maximum portability period for the pension has been determined under section 1218AAA or 1218AA".
13 Application
(1) The amendments made by items 1 to 6 apply for the purposes of working out a person's qualification for disability support pension in respect of days occurring on or after 1 July 2012.
(2) The amendments made by items 7 to 12 apply in relation to periods of absence from Australia beginning on or after the commencement of those items .