Extended qualification rule: former recipient of disability support pension and partner
1061ZD Extended qualification rule: former recipient of disability support pension and partner
Qualification
Subject to subsections (5), (5A) and (7), a person is qualified for a pensioner concession card for the period of 2 years starting on the day on which this section begins to apply to the person.
Former recipient with 30 hours per week employment
Subject to subsection (4), this section applies to a person if:
the person has been receiving a disability support pension; and
the person commences employment that requires him or her to work for at least 30 hours per week; and
because of the commencement of that employment, the person ceases (having regard, where appropriate, to the operation of section 1073J) to be qualified for the disability support pension.
Former recipient with increase in employment income
Subject to subsection (4), this section applies to a person if:
the person has been receiving a disability support pension; and
because there is an increase in the person’s ordinary income from employment (and after any working credit balance of the person is reduced to nil), the disability support pension ceases to be payable to the person.
Partner of former recipient with employment
Subject to subsection (4), this section applies to a person who is a member of a couple if:
the person’s partner is qualified for a pensioner concession card under this section because:
subsection (2) applies to the partner because of the occurrence of the event or change of circumstances covered by that subsection and the partner ceasing to be qualified for disability support pension; or
subsection (3) applies to the partner because of the occurrence of the event or change of circumstances covered by that subsection and disability support pension ceasing to be payable to the partner; and
immediately before the event or change of circumstances, the person was receiving an age pension, disability support pension or carer payment; and
the person’s pension or payment ceases to be payable to the person because the rate of the person’s pension or payment is nil; and
the person’s cessation of payability occurs because of the occurrence of the same event or change of circumstances that resulted in the partner’s cessation of qualification or payability.
To avoid doubt, if the person ceases to be a member of the couple after that event or change of circumstances, the person’s qualification for a pensioner concession card because of subsection (3A) is not affected.
Residency requirement
Subject to subsection (6), this section only applies to a person while the person is in Australia and is an Australian resident.
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).
No double qualification—person receiving certain other social security payments
If, during the period of 2 years referred to in subsection (1), 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.
If, during the period of 2 years referred to in subsection (1), a person receives an instalment of:
a youth allowance while subsection 1061ZA(2A) applies to the person; or
a jobseeker payment while subsection 1061ZA(2B) applies to the person; or
a benefit PP (partnered) while subsection 1061ZA(2D) applies to the person;
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.
Residency requirement exception—New Zealand agreement
In spite of subsection (4), this section applies to a person in relation to a day if:
the person is in Australia on that day; and
the age pension, disability support pension or carer payment that the person had been receiving was received solely because of the operation of the scheduled international agreement between Australia and New Zealand.
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).
No double qualification—person with partial capacity to work
This section does not apply in any case where a person is qualified for a pensioner concession card under section 1061ZEB.
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