Section 36 — Social Security Act 1991: Incentive allowance (changes introduced on 12 November 1991)

(1) If: (a) a person is qualified for incentive allowance immediately before 12 November 1991; and (b) the person is receiving disability support pension on 12 November 1991 because of a determination referred to in clause 33; the following provisions as in force immediately before 12 November 1991 continue to apply to the person: (c) points 1064-J1 to 1064-J3 (Pension Rate Calculator A); and (d) points 1065-F1 to 1065-F3 (Pension Rate Calculator B). (2) If: (a) a person was receiving incentive allowance immediately before 12 November 1991; and (b) on or after 12 November 1991 the person ceases to be qualified for incentive allowance because the person undertakes vocational training or a rehabilitation program or obtains work; and (c) within 2 years after so ceasing to be qualified, the person undertakes an activity that would have qualified him or her for incentive allowance had it been undertaken immediately before 12 November 1991; the following provisions as in force immediately before 12 November 1991 apply to the person: (d) points 1064-J1 to 1064-J3 (Pension Rate Calculator A); and (e) points 1065-F1 to 1065-F3 (Pension Rate Calculator B). (3) If a person’s rate of disability support pension includes an amount for incentive allowance because of subclause (1) or (2) the person’s rate of disability support pension cannot include an amount for rent assistance. (4) A person whose rate of disability support pension includes an amount for incentive allowance because of subclause (1) or (2) may elect, by written notice to the Secretary, to have the amount for incentive allowance excluded from the person’s rate. (4A) If: (a) a person is a member of a couple; and (b) the person’s partner is living with the person in their home; and (c) the person’s partner’s rate of disability support pension includes an amount for incentive allowance because of subclause (1) or (2); the person’s rate of disability support pension cannot include an amount for rent assistance. (5) If a person referred to in subclause (1) ceases to be qualified for incentive allowance on or after 12 November 1991, subclause (1) ceases to apply to the person and cannot apply to the person again.