Transitional and saving provisions: amendments relating to the transfer of carers
8 Transitional and saving provisions: amendments relating to the transfer of carers
If:
a person was receiving a carer service pension immediately before the transfer day; and
neither subclause (2) nor (4) applies to the person;
an instalment of carer service pension is payable to the person on the transfer day at the rate worked out using the following formula:
Start formula start fraction Reduced annual rate over 2 end fraction plus Pharmaceutical allowance end formula
where:
reduced annual rate means the rate payable in accordance with this Act on the last pension payday before the transfer day, excluding any pharmaceutical allowance payable to a person under this Act.
pharmaceutical allowance means the amount of pharmaceutical allowance that would have been included in the person’s carer service pension if the payment was an instalment under section 58A.
Subject to subclause (5), if:
a person (the carer) was receiving a carer service pension immediately before the transfer day; and
the veteran partner who is being cared for by the carer is receiving an age service pension or an invalidity service pension; and
the carer would, apart from subsection 38(1B), be eligible for a partner service pension;
this Act continues to apply to the person in relation to carer service pension as if the amendments made by Division 1 of Part 5 of Schedule 1 to the amending Act had not been made.
Subject to subclause (5), if:
a person was receiving income support supplement immediately before the transfer day; and
subsection 45AB(1) applied to the person; and
the person would, apart from paragraph 45A(1)(b) and section 45AB, be eligible for income support supplement;
this Act continues to apply to the person in relation to income support supplement as if the amendments made by Division 1 of Part 5 of Schedule 1 to the amending Act had not been made.
Subject to subclause (5), if:
a person (the carer) is receiving a carer service pension immediately before the transfer day; and
the veteran who is being cared for by the carer is not receiving an age service pension or an invalidity service pension but passes the income test under section 53AA and either passes the assets test under section 53AD or is the subject of a decision in force under section 53AN that the assets test does not apply to the veteran;
this Act continues to apply to the person in relation to carer service pension as if the amendments made by Division 1 of Part 5 of Schedule 1 to the amending Act had not been made.
If carer service pension or income support supplement ceases to be payable to the person after the transfer day, then subclause (2), (3) or (4), as the case requires, ceases to apply to the person.
References in this clause to other provisions of this Act are references to those provisions as they would be if the amendments made by Division 1 of Part 5 of Schedule 1 to the amending Act had not been made.
In this clause:
amending Act means the Veterans’ Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997.
transfer day means the day on which Part 5 of Schedule 1 to the amending Act commences.
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