Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' ENTITLEMENTS (MAINTENANCE INCOME TEST) AMENDMENT ACT 1988 No. 13, 1988 - SECT 19

19. Section 48 of the Principal Act is amended:

   (a)  by omitting paragraph (4) (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 wife or widow exceeds $1,820 per year; and

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

   (b)  by inserting after subsection (4) the following subsection:

"(4A) Where a wife or widow who is eligible to receive a wife's service
pension has special maintenance income the annual rate of which exceeds the
aggregate of:

   (a)  the following amount:

        (i)    in the case of a wife not falling within subparagraph (ii) or a
               widow-one-half of the maximum rate of wife's service pension
               applicable to the wife or widow, including any increase
               applicable under this section or section 55; and

        (ii)   in the case of a wife:

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

                (B)  whose husband is in receipt of a pension, benefit or
                     allowance referred to in subsection 47 (4);
one-quarter of the aggregate of the maximum rate of service pension applicable
to the wife and the maximum rate of pension, benefit or allowance applicable
to the husband, including, in relation to the wife, any increase applicable
under this section or section 55 and, in relation to the husband, any such
increase or any other increase applicable in relation to the pension, benefit
or allowance of the husband; and

   (b)  the annual maintenance free area of the wife or widow;
the excess shall be disregarded for the purposes of subparagraph (4) (a)
(ii).".