Commonwealth Numbered Acts

SOCIAL SECURITY (NON-BUDGET MEASURES) LEGISLATION AMENDMENT ACT 1995 No. 105, 1995 - SECT 9

9. Section 140 of the Principal Act is amended by adding at the end:



"(2A) If:

   (a)  disability support pension ceased to be payable to a person under
        section 137 because the rate of the pension was nil as a result of the
        income, or increased income, earned by the person from his or her
        employment; and

   (b)  within the period of 2 years after the pension ceased to be payable,
        the income earned by the person from his or her employment is reduced
        to a rate that would not preclude the person from receiving disability
        support pension; the Secretary may determine that the person is to be
        treated as if:

   (c)  section 137 had not applied to the person's disability support
        pension; and

   (d)  the disability support pension had been suspended under section 139.



"(2B) If:

   (a)  the Secretary makes a determination under subsection (2A) in respect
        of a person; and

   (b)  the person's partner had ceased to be qualified for wife pension or
        carer pension when disability support pension ceased to be payable to
        the person as mentioned in paragraph (2A)(a); the Secretary may
        determine that the partner is to be treated as if the partner's wife
        or carer pension had not been cancelled but had been suspended under
        section 139.".