Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies for the purposes of a provision (the relevant provision ) of this or another Act if:
(a) the relevant provision provides a benefit (whether the benefit is a pension, benefit, payment, supplement, subsidy, seniors health card or any other sort of benefit) to a person; and
(b) in relation to that benefit, it is necessary to work out whether:
(i) the person or another person is receiving or is not receiving a service pension or income support supplement or a particular kind of service pension; or
(ii) the person or another person is a recipient or is not a recipient of a service pension or income support supplement or a particular kind of service pension; or
(iii) a service pension or income support supplement, or a particular kind of service pension, is payable to the person or another person.
(2) For the purposes of the relevant provision:
(a) a person is taken not to be receiving a service pension or income support supplement or the particular kind of service pension; and
(b) a person is taken not to be a recipient of a service pension or income support supplement or the particular kind of service pension; and
(c) a service pension or income support supplement, or the particular kind of service pension, is taken not to be payable to the person;
merely because:
(d) the person receives a service pension or income support supplement, or the kind of service pension, at a rate worked out under this Subdivision; or
(e) a service pension or income support supplement, or the kind of service pension, is payable to the person at a rate worked out under this Subdivision.
(3) Subsection (2) does not apply in relation to a person and a day if on that day:
(a) the person is receiving a service pension or income support supplement at a rate worked out under this Subdivision; and
(b) but for the operation of this Subdivision, the person would have been receiving that service pension or income support supplement at a rate greater than nil.