1070F

Specific requirement (certain disability support pensions)

In force

(1)

If:

(a)

the person’s social security payment is disability support pension; and

(b)

the person has not turned 21; and

(c)

the rate of the person’s social security payment is to be calculated in accordance with Pension Rate Calculator A or Pension Rate Calculator D;

the specific requirement applicable to the social security payment is that the person comply with subsection (2) or (3).

Person who has not turned 18

(2)

The person complies with this subsection if:

(a)

the person has not turned 18; and

(b)

one of the following applies:

(i)

the person is a member of a couple and, if the person’s partner is living with the person in their home, the person’s partner is not receiving incentive allowance;

(ii)

the person is in disability accommodation;

(iii)

the person is independent;

(iv)

the person is living away from the person’s parental home because of a medical condition of the person; and

(c)

if:

(i)

the person is not a member of a couple, or is a member of an illness separated couple, a respite care couple or a temporarily separated couple; and

(ii)

the person is entitled to be paid family tax benefit;

either of the following is satisfied:

(iii)

the person’s maximum Part A rate of family tax benefit does not include rent assistance;

(iv)

the person’s maximum Part A rate of family tax benefit includes rent assistance and clause 38J of Schedule 1 to the Family Assistance Act applies to reduce the person’s Part A rate of family tax benefit; and

(d)

if:

(i)

the person is a member of a couple, other than an illness separated couple, a respite care couple or a temporarily separated couple; and

(ii)

the person, or the person’s partner, is entitled to be paid family tax benefit;

either of the following is satisfied:

(iii)

the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit does not include rent assistance;

(iv)

the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit includes rent assistance but clause 38J or 38K of Schedule 1 to the Family Assistance Act applies to reduce the person’s, or the person’s partner’s, Part A rate of family tax benefit.

Person who has turned 18

(3)

The person complies with this subsection if:

(a)

the person has turned 18; and

(b)

one of the following applies:

(i)

the person is a member of a couple and, if the person’s partner is living with the person in their home, the person’s partner is not receiving incentive allowance;

(ii)

the person is in disability accommodation;

(iii)

the person is living away from the person’s parental home permanently or indefinitely; and

(c)

if:

(i)

the person is not a member of a couple, or is a member of an illness separated couple, a respite care couple or a temporarily separated couple; and

(ii)

the person is entitled to be paid family tax benefit;

either of the following is satisfied:

(iii)

the person’s maximum Part A rate of family tax benefit does not include rent assistance;

(iv)

(d)

if:

(i)

the person is a member of a couple, other than an illness separated couple, a respite care couple or a temporarily separated couple; and

(ii)

the person, or the person’s partner, is entitled to be paid family tax benefit;

either of the following is satisfied:

(iii)

the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit does not include rent assistance;

(iv)

(4)

For the purposes of applying the definition of living away from the person’s parental home in subsection (3), a step‑parent or guardian is taken to be a parent.

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.