Section 1070D — Social Security Act 1991: Specific requirement (carer payments and certain age and disability support pensions)
Text of the provision Official document
(1) If the rate of the person’s social security payment is to be calculated in accordance with Pension Rate Calculator A and subsection (2) applies, the specific requirement applicable to the person’s social security payment is that set out in subsection (3). (2) This subsection applies if: (a) the following conditions are satisfied: (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; (ii) the person is entitled to be paid family tax benefit; or (b) the following conditions are satisfied: (i) the person is a member of a couple, other than an illness separated couple, a respite care couple or a temporarily separated couple; (ii) the person, or the person’s partner, is entitled to be paid family tax benefit. (3) The specific requirement is that: (a) in a paragraph (2)(a) case, either of the following is satisfied: (i) the person’s maximum Part A rate of family tax benefit does not include rent assistance; (ii) 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 (b) in a paragraph (2)(b) case, either of the following is satisfied: (i) the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit does not include rent assistance; (ii) the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit includes rent assistance and 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. (4) Subsections (1), (2) and (3) do not apply if: (a) the person’s social security payment is disability support pension; and (b) the person has not turned 21. Note: The specific requirement for a person who is receiving disability support pension and has not turned 21 is in section 1070F.
Official source: Federal Register of Legislation
Search case law on this topic
See judgments from Australian courts and tribunals with a plain-English summary and legal holding.
Explore case law →