Social Security Act 1991

This section does not apply in any case where a person is qualified for a pensioner concession card under section 1061ZCA, 1061ZCB, 1061ZD, 1061ZDA, 1061ZDB or 1061ZEB.

If:

a person is receiving a social security pension or a social security benefit; and

the person’s rate of payment of the pension or benefit is worked out with regard to the income test module of a rate calculator in Chapter 3; and

the person is qualified for a pensioner concession card; and

the person or the person’s partner has employment income; and

a payment mentioned in subsection 1061ZA(1) ceases to be payable to the person or the person ceases to receive a payment mentioned in subsection 1061ZA(2), (2A), (2B) or (2D):

if paragraph (e) applies to the person—because of the employment income of the person (either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the person); or

if paragraph (e) applies to the partner—because of the employment income of the partner (either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the partner); and

but for the employment income, or the combined income, referred to in paragraph (f), the person would have been, or would have continued to be, qualified for a pensioner concession card:

under subsection 1061ZA(1)—because the payment referred to in that subsection would have continued to be payable to the person; or

under subsection 1061ZA(2), (2A), (2B) or (2D)—because the person would have continued to receive the payment referred to in that subsection; and

the person:

in the case of a person to whom pension PP (single) ceases to be payable—continues, but for the requirement to have at least one PP child, to be qualified for that pension; and

in the case of a person who ceases to receive benefit PP (partnered)—continues, but for the requirement to have at least one PP child, to be qualified for that benefit; and

in the case of a person who is a principal carer of a child and who ceases to receive youth allowance—continues, but for the fact that paragraph 540(1)(a) no longer applies to the person, to be qualified for youth allowance; and

in the case of a person who is a principal carer of a child and who ceases to receive jobseeker payment—continues, but for the fact that either or both of paragraphs 593(1)(a) and (b) no longer apply to the person, to be qualified for jobseeker payment; and

in any other case—continues to be qualified for the payment referred to in section 1061ZA;

whichever of the following applies:

in the case of a person to whom subparagraph (ga)(i), (iia) or (iib) applies—26 weeks after the end of the instalment period in which the payment ceases to be payable to the person or the person ceases to receive the payment, as the case requires;

in any other case—24 weeks after the end of the instalment period in which the payment ceases to be payable to the person or the person ceases to receive the payment, as the case requires; or

the day the person would cease to be qualified for a pensioner concession card as mentioned in paragraph (g) for a reason other than the employment income, or the combined income, referred to in paragraph (f); or

the day the person ceases to be qualified as mentioned in paragraph (ga);

For principal carer see subsections 5(15) to (24). See also subsection (2A) of this section.

If a person is the principal carer of a child who dies, the person is taken, for the purposes of subparagraphs (2)(ga)(iia) and (iib), to continue to be the principal carer of the child during the period of 14 weeks that starts on the day of the child’s death.

Subject to subsection (5), subsection (2) 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).

If, during the period of 24 or 26 weeks (as the case may be) referred to in subsection (2), a person receives an instalment of 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 the days in relation to which the person receives the instalment.

In spite of subsection (3), subsection (2) applies to a person when:

the person is in Australia; and

the social security pension or the social security benefit 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).