Commonwealth Numbered Acts

SOCIAL SECURITY AND REPATRIATION (BUDGET MEASURES AND ASSETS TEST) ACT 1984 No. 93, 1984 - SECT 62

62. Section 123AB of the Principal Act is amended-

   (a)  by omitting sub-section (1) and substituting the following
        sub-section:



"(1) For the purposes of section 123A, a reference to a prescribed person
shall be read as a reference to-

   (a)  in a case to which paragraph (b) does not apply-a person (other than a
        person who is permanently blind) whose annual rate of income is equal
        to or exceeds the prescribed rate of income applicable to the person;
        or

   (b)  in the case of a person whose annual rate of pension under this Act is
        determined by reference to paragraph 28 (2) (b), 32 (2) (b) or 34 (2)
        (b) of the Social Security Act 1947-a person the value of whose
        property within the meaning of the Social Security Act 1947 exceeds
        the prescribed property value applicable to the person.";

   (b)  by omitting from sub-section (2) "sub-sections (3) and (4)" and
        substituting "sub-section (3)";

   (c)  by inserting after sub-section (2) the following sub-section:



"(2A) The prescribed property value applicable to a person is-

   (a)  in the case of an unmarried person to whom sub-paragraph 6AA (1) (a)
        (i) of the Social Security Act 1947 applies- $80,000;

   (b)  in the case of any other unmarried person-$130,000;

   (c)  in the case of a married person to whom sub-paragraph 6AA (1) (a) (ii)
        of that Act applies-$57,500; or

   (d)  in the case of any other married person-$82,500.";

   (d)  by omitting sub-sections (3) and (4) and substituting the following
        sub-section:



"(3) Where a person has the custody, care and control of a child or children,
the prescribed rate of income applicable to the person by virtue of
sub-section (2) shall be increased-

   (a)  if the person is an unmarried person-by $1,040 per annum; or

   (b)  if the person is a married person-by $520 per annum,
in respect of each child.";

   (e)  by omitting from sub-section (4A) "sub-sections (3) and (4)" and
        substituting "sub-section (3)";

   (f)  by inserting after sub-section (4A) the following sub-sections:



"(5) For the purposes of this section-

   (a)  the value of the property of a married person shall be taken to be 50%
        of the sum of the value of the property of the person and of the
        person's spouse; and

   (b)  the annual rate of the income of a married person shall, unless for
        any special reason in any particular case the Commission otherwise
        determines, be taken to be 50% of the sum of the annual rates of
        income of the person and of the person's spouse.



"(5A) Where an amount is, under section 6AF of the Social Security Act 1947,
substituted for the amount specified in paragraph 83CA (4) (a), (b), (c) or
(d) of that Act or for an amount previously substituted for the purposes of
that paragraph of that Act, the amount so substituted shall also be
substituted for the amount specified in paragraph (2A) (a), (b), (c) or (d),
as the case may be, of this section or for an amount previously substituted
for the purposes of that paragraph by virtue of another application of this
sub-section.";
(g) by inserting in sub-paragraph (a) (i) of the definition of "child" in
sub-section (6) "not" after "has"; and
(h) by omitting from sub-section (6) the definitions of "income" and

"married person" and substituting the following definitions:



" 'income' has the same meaning as in section 83;
'married person' has the same meaning as in section 83;".