Section 146 — Social Security Act 1991: Transitional provision for rates of certain social security pensions on and after 20 September 2009

Application (1) This clause applies if: (a) on 19 September 2009 a person was receiving one of the following payments: (i) age pension; (ii) disability support pension; (iv) carer payment; (vii) special needs pension; (viii) service pension (except carer service pension); (ix) income support supplement; and (b) either: (i) the person continues (without a break) to receive one of those payments (whether or not of the same sort as the one the person received on that day); or (ii) subclause (1A) applies to the person. (1A) This subclause applies to a person if: (a) a payment by the Thalidomide Australia Fixed Trust: (i) is made to, or applied for the benefit of, the person as a beneficiary of the Trust; or (ii) is made to, or applied for the benefit of, the person’s partner as a beneficiary of the Trust; or (iii) is made to the person or the person’s partner in respect of a beneficiary of the Trust; and (b) subparagraph (1)(b)(i) applies to the person immediately before the payment is made; and (c) the person receives any of the payments mentioned in paragraph (1)(a) at the commencement of item 4 of Schedule 4 to the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011; and (d) after that commencement, the person continues (without a break) to receive that payment, or any of the other payments referred to in paragraph (1)(a). Purpose (2) This clause has effect for the purposes of working out the rate of one of the social security pensions described in paragraph (1)(a) for the person for a day (the relevant day) after 19 September 2009 under point 1064-A1 or 1065-A1, or under section 796 so far as one or more of those points are relevant because of that section. Note: This clause does not make a person entitled to receive a social security pension if the person is not otherwise entitled to receive it. Provisional annual payment rate (3) The person’s provisional annual payment rate is taken to be the amount worked out under subclause (4) if 1/364 of that amount is greater than 1/364 of the person’s provisional annual payment rate apart from this clause. Note: The provisional annual payment rate is an amount worked out under the method statement in point 1064-A1. Point 1064-A1 may be relevant of its own force or because of point 1065-A1 or section 796. (4) The amount is the one that would be the provisional annual payment rate under the relevant point if: (a) the maximum payment rate for the person were the total of: (i) the amount worked out under whichever of subclauses 147(1), (2), (3) and (4) is relevant to the person; and (ia) the person’s energy supplement (if any) (see subclause 149(5)); and (ii) the amount (if any) per year calculated for the person under paragraph 1070A(b) (for rent assistance); reduced, if subclause 147(1) or (2) is relevant to the person and an election by the person under subsection 1061VA(1) is in force, by the minimum pension supplement amount; and (b) the amendments made by Schedules 6 and 7 to the Social Security and Other Legislation Amendment (Pension Reform and Other 2009 Budget Measures) Act 2009 had not been made. Note 1: The maximum payment rate is an amount used in point 1064-A1. Note 2: Subclause 147(1) deals with a person in Australia who is not a member of a couple or is a member of an illness separated couple or respite care couple, or is partnered (partner in gaol). Note 3: Subclause 147(2) deals with a person in Australia who is a member of a couple (but not a member of an illness separated couple or respite care couple, and not partnered (partner in gaol)). Note 4: Subclause 147(3) deals with a person who has been outside Australia for more than 6 weeks and is not a member of a couple or is a member of an illness separated couple or respite care couple, or is partnered (partner in gaol). Note 5: Subclause 147(4) deals with a person who has been outside Australia for more than 6 weeks and is a member of a couple (but not a member of an illness separated couple or respite care couple, and not partnered (partner in gaol)). Note 6: The amount described in subparagraph (4)(a)(i) is indexed under sections 1191 to 1194 (CPI indexation) on and after 20 March 2010. Limit on application of subclause (3) (5) Subclause (3) does not apply for working out the rate of a social security pension of the person for the relevant day if the relevant day is after a day for which one of the following conditions was met: (a) the amount worked out for the day under subclause (4) (in a previous application of this clause) was less than or equal to the person’s provisional annual payment rate, apart from this clause, for a social security pension described in paragraph (1)(a); (b) the amount worked out for the day under subclause 30(4) of Schedule 5 to the Veterans’ Entitlements Act was less than or equal to the person’s provisional payment rate for service pension (except carer service pension) apart from clause 30 of that Schedule; (c) the amount worked out for the day under subclause 30(6) of Schedule 5 to the Veterans’ Entitlements Act was less than or equal to the person’s provisional payment rate for income support supplement apart from clause 30 of that Schedule. (5A) However, subclause (5) does not prevent subclause (3) from applying for working out the rate of a social security pension of the person for the relevant day if: (a) on the relevant day the person is a member of a couple, but not a member of an illness separated couple or respite care couple and not partnered (partner in gaol); and (b) on each day for which a condition in paragraph (5)(a), (b) or (c) was met, the person was a member of a respite care couple; and (c) on a day before all the days described in paragraph (b): (i) the person was a member of a couple, but not a member of an illness separated couple or respite care couple and not partnered (partner in gaol); and (ii) either subclause (3) affected the rate at which a social security pension was payable to the person or clause 30 of Schedule 5 to the Veterans’ Entitlements Act affected the rate at which service pension or income support supplement was payable to the person. Note: For member of a couple, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.