Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' ENTITLEMENTS (MAINTENANCE INCOME TEST) AMENDMENT ACT 1988 No. 13, 1988 - SECT 18

18. Section 47 of the Principal Act is amended:

   (a)  by omitting subparagraph (4) (a) (i) and substituting the following
        subparagraph:

"(i) an amount equal to the aggregate of:

                (A)  the amount (if any) per year by which the annual rate of
                     income of the veteran exceeds $1,820 per year; and

                (B)  the amount (if any) per year by which the annual rate of
                     maintenance income of the veteran exceeds the annual
                     maintenance free area of the veteran;";

   (b)  by omitting subparagraphs (4) (b) (i) and (ii) and substituting the
        following subparagraphs:

"(i) if the amount per year of the reduction is less than the amount of the
increase under subsection (3), no amount per year is applicable in relation to
the veteran under paragraph (5) (a) or in relation to the spouse of the
veteran under paragraph 48 (4) (a);

        (ii)   if the amount per year of the reduction is equal to the amount
               of the increase under subsection (3):

                (A)  in relation to the veteran, the aggregate referred to in
                     paragraph (5) (a); and

                (B)  in relation to the spouse of the veteran, the aggregate
                     referred to in paragraph 48 (4) (a);
shall be taken for the purpose of that paragraph, to be reduced by the amount
per year of the reduction; and

        (iii)  in either case, no amount per year is applicable in relation to
               the veteran under paragraph (5) (b) or in relation to the
               spouse of the veteran under paragraph 48 (4) (b); and";

   (c)  by omitting paragraph (5) (a) and substituting the following
        paragraph:

"(a) one-half of the aggregate of:

        (i)    the amount (if any) per year by which the annual rate of income
               of the veteran exceeds:

                (A)  in the case of an unmarried veteran-$2,080 per year; or

                (B)  in the case of a married veteran-$1,820 per year; and

        (ii)   the amount (if any) per year by which the annual rate of
               maintenance income of the veteran exceeds the annual
               maintenance free area of the veteran; or";

   (d)  by inserting after subsection (5) the following subsection:

"(5A) Where a veteran who is eligible to receive a pension under this Part has
special maintenance income the annual rate of which exceeds the aggregate of:

   (a)  the following amount:

        (i)    in the case of an unmarried veteran or a married veteran not
               falling within subparagraph (ii)-one-half of the maximum rate
               of service pension applicable to the veteran, including any
               increase applicable under this section or section 55; or

        (ii)   in the case of a married veteran:

                (A)  in relation to whom or in relation to whose spouse, or
                     both, a child is a dependant and is wholly or
                     substantially dependent on the veteran, the spouse or
                     both; and

                (B)  whose spouse is in receipt of a pension, benefit or
                     allowance referred to in subsection (4);
one-quarter of the aggregate of the maximum rate of service pension applicable
to the veteran and the maximum rate of pension, benefit or allowance
applicable to the spouse, including, in relation to the veteran, any increase
applicable under this section or section 55 and, in relation to the spouse,
any such increase or any other increase applicable in relation to the pension,
benefit or allowance of the spouse; and

   (b)  the annual maintenance free area of the veteran;
the excess shall be disregarded for the purposes of sub-subparagraph (4) (a)
(i) (B) and subparagraph (5) (a) (ii).".