Saving provisions applicable to the amendments relating to amounts in respect of children
10 Saving provisions applicable to the amendments relating to amounts in respect of children
This clause applies to a person if:
immediately before 1 January 1998 a service pension or income support supplement was payable to the person at a rate that included one or more pension/supplement child‑related amounts in respect of a child or children; and
the Commission determines on or before 31 March 1998, or after that date as a result of an application made by the person to the Commission on or before that date, that, on 1 January 1998, the person’s notional pension/supplement child‑related amount was or will be greater than the notional family allowance child‑related amount in relation to the person or the person’s partner.
The rate of service pension or income support supplement payable to the person from time to time includes the person’s notional pension/supplement child‑related amount at that time until, in accordance with subclause (2A), it is no longer to be so included.
For the purposes of subclause (2), the rate of service pension or income support supplement payable to the person is no longer to include the person’s notional pension/supplement child‑related amount:
in respect of any payment made at any time before 1 July 2000—if the person’s notional pension/supplement child‑related amount ceases to be greater than the notional family allowance child‑related amount in relation to the person or the person’s partner at that time; and
in respect of any payment made at any time on or after 1 July 2000—if the person has elected, by written notice given to the Secretary, no longer to be covered by this clause.
For the purposes of Part IIIC, the rate of invalidity service pension, partner service pension, or income support supplement, that is payable to a person who has not reached pension age does not include the notional pension/supplement child‑related amount.
If:
at any time before 1 July 2000, the person’s notional pension/supplement child‑related amount ceases to be greater than the notional family allowance child‑related amount in relation to the person or person’s partner; and
because of this fact, the rate of service pension or income support supplement payable to a person is no longer to include the first‑mentioned amount;
the rate of that pension or supplement is never thereafter to include the person’s notional pension/supplement child‑related amount even though that amount may again become greater than the notional family allowance child‑related amount in relation to the person or the person’s partner.
Subclause (2) ceases to apply to the rate of service pension or income support supplement payable to a person:
from the start of the day the Social Security Legislation Amendment (Youth Allowance) Act 1998 commences, if the child or youngest child because of whom this clause applies to the person is 16 or over then; or
from the start of the 16th birthday of the child or youngest child because of whom this clause applies to the person, if that child is under 16 on the day that Act commences.
In working out the amount of:
a person’s notional pension/supplement child‑related amount; and
the notional family allowance child‑related amount for a person or his or her partner;
at a time at or after the commencement of the Social Security Legislation Amendment (Youth Allowance) Act 1998, disregard a child who is 16 or over at the time.
In this clause:
notional family allowance child‑related amount, in relation to a person or a person’s partner at any time before 1 July 2000, means the amount by which the rate of family allowance that would be payable to the person or the person’s partner at that time under the Social Security Act except for point 1069‑B8 of that Act, would be more than the minimum family allowance rate.
notional pension/supplement child‑related amount, in relation to a person at any time, means:
if the time is a time occurring before 1 July 2000—the total of the pension supplement child‑related amounts that would have been included at that time in the rate of the service pension or income support supplement payable to the person in respect of any child or children referred to in paragraph (1)(a) if the amendments made by Schedule 1 to the Veterans Affairs Legislation Amendment (Budget and Simplification Measures) Act 1997 had not been made; and
if the time is a time occurring on or after 1 July 2000—an amount that has been determined by the Commission, by instrument in writing, to be the amount of the pension/supplement child‑related amount at that time, having regard to the indexation of the Part A rate of family tax benefit to that time under the A New Tax System (Family Assistance) Act 1999.
pension/supplement child‑related amount, at any relevant time, means an amount that was or would be required at that time to be included in a service pension under Module C or Module D (as Module C or Module D was affected by Module DAA) of the Service Pension Rate Calculator at the end of section 42, or in an income support supplement under Module F or Module G (as Module F or Module G was affected by Module H) of the Income Support Supplement Rate Calculator at the end of section 45Y, of the Veterans’ Entitlements Act 1986 as in force immediately before 1 January 1998.
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