the recoverable amount is equal to the smallest of the following amounts:
- (c)
- the sum of all the payments of compensation affected pension made to the
person for the lump sum preclusion period;
- (d)
- the compensation part of the lump sum payment;
- (e)
- the maximum amount for which the insurer is liable to indemnify the
compensation payer in relation to the matter at any time after receiving:
- (i)
- a preliminary notice under section 59ZE in relation to the matter; or
- (ii)
- if the insurer has not received a preliminary notice—the recovery
notice under this section in relation to the matter.
Part 3—Amendments concerning entry contributions to retirement
villages
9 Section 5 (index entry relating to rent)
Omit "5N(2), (3),
(4)", substitute "5N".
10 Subsection 5N(1) (definition of rent)
Omit
"subsections (2) and (3)", substitute "this section".
11 After
subsection 5N(3)
Insert:
(3AA) To avoid doubt, an amount that is paid or
becomes payable by a person is not rent in relation to the person (either at
the time when it is paid or becomes payable or at any later time) if the
amount is, or forms part of, a special resident's entry contribution in
relation to the person in respect of a retirement village under
section 52M, whether the amount is paid or payable (whether wholly or
partly) in a lump sum, by instalments or otherwise.
(3AB) If the whole or any part of an amount that is not rent in relation to a
person as mentioned in subsection (3AA) is, or will or may become,
repayable to the person, any amount by which the amount so repayable is
reduced is not rent in relation to the person (either at the time when the
reduction occurs or at any later time).
12 Subsection 118Q(4)
(paragraph (b) of the definition of telephone subscriber) Repeal the
paragraph, substitute:
- (b)
- who has a telephone service connected in
Australia; and
13 Subsection 118Q(4) (paragraph (c) of the definition of telephone
subscriber)
Omit "whose telephone service", substitute "the telephone
service".
Part 5—Amendments concerning rent assistance for persons
receiving family tax benefit
14 Paragraph SCH6-C3(f)
Repeal the paragraph,
substitute:
- (f)
- either of the following subparagraphs applies:
- (i)
- if the person is not a member of a couple, or is a member of an illness
separated couple or a respite care couple and is entitled to be paid a family
tax benefit—the person's maximum Part A rate of family tax benefit does
not include rent assistance;
- (ii)
- if the person is a member of a couple other than an illness separated
couple or a respite care couple and the person, or the person's partner, is
entitled to be paid family tax benefit—the maximum Part A rate of family
tax benefit of the person, or the person's partner, does not include rent
assistance.
15 After paragraph SCH6-E10(c)
Insert:
- (ca)
- under the
A New Tax System (Family Assistance) Act 1999 ; or
Part 6—Amendments concerning eligibility for Pension Loans Scheme
16 Paragraph 52ZA(1)(b)
Repeal the paragraph.
17 Paragraph 52ZA(1)(d)
Repeal the paragraph, substitute:
- (d)
- the person has reached:
- (i)
- if the person is receiving or is eligible for service pension—pension
age; or
- (ii)
- if the person is receiving or is eligible for income support
supplement—qualifying age; and
18 Paragraph 52ZA(2)(b)
Repeal the paragraph.
19 Paragraph 52ZA(2)(d)
Repeal the paragraph, substitute:
- (d)
- the person:
- (i)
- is a veteran and has reached pension age; or
- (ii)
- is the partner of a veteran referred to in subparagraph (i); or
- (iii)
- is receiving or is eligible for an income support supplement and has
reached qualifying age; and
20 At the end of section 52ZA
Add:
(4) In this section:
qualifying
age has the meaning given by subsection 45A(2).
21 After subsection 118V(1) Insert:
(1A) A person is eligible for a seniors
health card if the person:
- (a)
- is a war widow or a war widower; and
- (b)
- has reached qualifying age; and
- (c)
- is an Australian resident; and
- (d)
- is in Australia; and
- (e)
- is not receiving income support supplement; and
- (f)
- satisfies the seniors health card income test; and
- (g)
- is not eligible for a seniors health card under subsection (1).
- Note 1: For Australian resident see section 5G.
Note 2: For seniors health card income test see section 118ZAA.
Note 3: For war widow and war widower see subsection 5E(1).
22 Paragraph 118V(2)(i)
Omit "under subsection (1)", substitute "under
subsection (1) or (1A)".
23 Paragraphs 118V(3)(b) and (f)
Omit "or
income support supplement" (wherever occurring).
24 Paragraph 118V(3)(i)
Omit "under subsection (1)", substitute "under subsection (1) or
(1A)".
25 After subsection 118V(4)
Insert:
(4A) In subsection (1A),
qualifying age has the meaning given by subsection 45A(2)).
26 Subsection
5E(1) (definition of non-illness separated spouse) Repeal the definition,
substitute: non-illness separated spouse means a person:
- (a)
- who is legally married to another person but living separately and apart
from that other person on a permanent basis; and
- (b)
- whose separation has not resulted in a direction under subsection 5R(5).
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Commonwealth Numbered Acts