Commonwealth Numbered Acts

SOCIAL SECURITY AND REPATRIATION (BUDGET MEASURES AND ASSETS TEST) ACT 1984 No. 93, 1984 - SECT 37

37. Section 28 of the Principal Act is amended-

   (a)  by omitting from sub-section (1AA) "sub-sections (1D) and (1EA)" and
        substituting "sub-section (1D)";

   (b)  by omitting from sub-section (1B) ", (1D) and (1EA)" and substituting
        "and (1D)";

   (c)  by omitting from sub-section (1D) "a person to whom sub-section (2AA)
applies" (wherever occurring) and substituting "a permanently blind person";

   (d)  by omitting sub-section (1EA) and substituting the following
        sub-sections:



"(1EA) Where the maximum rate of pension applicable to a married person whose
spouse is in receipt of a pension under this Part, a benefit under Part IVAAA,
an allowance under Part VIIA, an allowance under Part VIII the annual rate of
which is determined by reference to this Part or a service pension under the
Repatriation Act 1920 is increased by sub-section (1B), or by sub-sections
(1AA) and (1B), the maximum rate of pension so applicable to the person shall
be reduced, to an extent not exceeding the amount of the increase, by-

   (a)  the amount per annum by which the annual rate of the income of the
        person exceeds $1,300; or

   (b)  an amount per annum equal to 52 times the pension reduction amount (if
        any) applicable to the person divided by 250,
whichever is the greater or, if the amounts per annum of the reductions
calculated under paragraphs (a) and (b) are the same, by the amount calculated
under paragraph (a).



"(1EB) Where the maximum rate of pension payable to a person is reduced by
reference to paragraph (1EA) (a)-

   (a)  the annual rate of the income of the person and of the person's spouse
        shall each be deemed, for the purposes of sub-section (2) of this
        section and sub-sections 32 (2) and 34 (2), to be reduced by the
        amount per annum of that reduction; and

   (b)  no amount per annum is applicable in relation to the person under
        paragraph (2) (b) of this section or paragraph 32 (2) (b) or 34 (2)
        (b), as the case requires.



"(1EC) Where the maximum rate of pension applicable to a person is reduced by
reference to paragraph (1EA) (b)-

   (a)  the value of the property of the person and of the person's spouse
        shall each be deemed, for the purposes of sub-section (2) of this
        section and sub-sections 32 (2) and 34 (2), to be reduced by an amount
        equal to 250 times the amount of that reduction divided by 52; and

   (b)  no amount per annum is applicable in relation to the person under
        paragraph (2) (a) of this section or paragraph 32 (2) (a) or 34 (2)
        (a), as the case requires.";

   (e)  by omitting sub-section (2) and substituting the following
        sub-section:



"(2) The annual rate at which an age or invalid pension payable to a person
(other than a person who is permanently blind) is determined shall be reduced
by-

   (a)  50% of the amount (if any) per annum by which the annual rate of
        income of the person exceeds-

        (i)    if the person is an unmarried person-$1,560; or

        (ii)   if the person is a married person-$1,300; or

   (b)  an amount per annum equal to 26 times the pension reduction amount (if
        any) applicable to the person divided by 250,
whichever is the greater or, if the amounts per annum of the reductions
calculated under paragraphs (a) and (b) are the same, by the amount calculated
under paragraph (a).";

   (f)  by omitting sub-section (2AA) and substituting the following
        sub-section:



"(2AA) Sub-section (2AB) or (2AC) does not apply in relation to a person where
the annual rate of pension that would be applicable to the person under that
sub-section is greater than the annual rate of pension applicable to the
person under sub-section (2) reduced as mentioned in paragraph (2) (b) and,
where sub-section (2AB) or (2AC) does not, by virtue of this sub-section,
apply in relation to the person, paragraph (2) (a) does not apply in relation
to the person."; and

   (g)  by omitting from paragraph (2AD) (b) "sub-section (2) were applicable"
        and substituting "neither sub-section (2AB) nor (2AC) applied".