Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' ENTITLEMENTS (MAINTENANCE INCOME TEST) AMENDMENT ACT 1988 No. 13, 1988 - SECT 6

6. Section 33 of the Principal Act is amended:

   (a)  by omitting paragraph (7) (a) and substituting the following
        paragraph:

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

        (i)    the amount (if any) per annum by which the annual rate of
               income of the person exceeds $1,820; and

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

   (b)  by omitting paragraphs (8) (a) and (b) and substituting the following
        paragraphs:

"(a) if the amount per annum of the reduction is less than the amount of the
increase under subsection (4) or subsections (3) and (4), no amount per annum
is applicable in relation to the person or the person's spouse under paragraph
(12) (a);

   (b)  if the amount per annum of the reduction is equal to the amount of the
        increase under subsection (4) or subsections (3) and (4), the
        aggregate referred to in paragraph (12) (a) shall be taken, for the
        purposes of the application of subsection (12) in relation to the
        person and the person's spouse, to be reduced by the amount per annum
        of the reduction; and

   (c)  in either case, no amount per annum is applicable in relation to the
        person or the person's spouse under paragraph (12) (b).";

   (c)  by omitting paragraph (12) (a) and substituting the following
        paragraph:

"(a) 50% of the aggregate of:

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

                (A)  if the person is an unmarried person-$2,080; or

                (B)  if the person is a married person-$1,820; and

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

   (d)  by inserting after subsection (12) the following subsection:

"(12A) Where a person who is qualified 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 person or a married person not
               falling within subparagraph (ii)-50% of the maximum rate of
               pension under this Part applicable to the person, including:

                (A)  any increase applicable under this section or section 36;
                     and

                (B)  any incentive allowance (if applicable);

        (ii)   in the case of a married person:

                (A)  who has a dependent child; and

                (B)  whose spouse is in receipt of a pension, benefit or
                     allowance referred to in subsection (7);
25% of the aggregate of the maximum rate of pension under this Part applicable
to the person and the maximum rate of pension, benefit or allowance applicable
to the spouse, including, in relation to the person, the amounts mentioned in
sub-subparagraphs (i) (A) and (B) and, in relation to the spouse, such amounts
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 person;
the excess shall be disregarded for the purposes of subparagraphs (7) (a) (ii)
and (12) (a) (ii).".