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AGED CARE ACT 1997 - SECT 44.24

The care recipient's total assessable income

             (1)  If the care recipient is not entitled to an * income support payment, his or her total assessable income is the amount the Secretary determines to be the amount that would be worked out as the care recipient's ordinary income for the purpose of applying Module E of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991 .

Note:          Determinations are reviewable under Part 6.1.

             (2)  If the care recipient is entitled to a * service pension, his or her total assessable income is the sum of:

                     (a)  the amount of the care recipient's service pension reduced by the amount worked out under subsection 5GA(3) of the Veterans' Entitlements Act 1986 to be the care recipient's minimum pension supplement amount; and

                     (b)  the amount the Secretary determines to be the amount that would be worked out as the care recipient's ordinary/adjusted income for the purpose of applying Module E of the Rate Calculator in Schedule 6 to the Veterans' Entitlements Act 1986 .

Note:          Determinations are reviewable under Part 6.1.

             (3)  If the care recipient is entitled to an * income support supplement, his or her total assessable income is the sum of:

                     (a)  the amount of the care recipient's income support supplement reduced by the amount worked out under subsection 5GA(3) of the Veterans' Entitlements Act 1986 to be the care recipient's minimum pension supplement amount; and

                     (b)  the amount the Secretary determines to be the amount that would be worked out as the care recipient's ordinary/adjusted income for the purpose of applying Module E of the Rate Calculator in Schedule 6 to the Veterans' Entitlements Act 1986 .

Note:          Determinations are reviewable under Part 6.1.

             (4)  If the care recipient is entitled to an * income support payment (other than an * income support supplement or a * service pension), his or her total assessable income is the sum of:

                     (a)  the amount of the care recipient's income support payment reduced by, if the payment is an income support payment within the meaning of subsection 23(1) of the Social Security Act 1991 , the amount worked out under subsection 20A(4) of that Act to be the care recipient's minimum pension supplement amount; and

                     (b)  the amount the Secretary determines to be the amount that would be worked out as the care recipient's ordinary income for the purpose of applying Module E of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991 .

Note:          Determinations are reviewable under Part 6.1.

          (4A)  However, the reduction referred to in paragraph (4)(a) does not apply if:

                     (a)  the care recipient's income support payment is special benefit or youth allowance under the Social Security Act 1991 ; or

                     (b)  the care recipient has not reached pension age (within the meaning of subsections 23(5A), (5B), (5C) and (5D) of that Act) and the rate of the care recipient's income support payment is worked out in accordance with the Rate Calculator at the end of section 1066A, 1067L, 1068, 1068A or 1068B of that Act.

             (5)  The Subsidy Principles may specify amounts that are to be taken, in relation to specified kinds of care recipients, to be excluded from determinations under subsection (1) or paragraph (2)(b), (3)(b) or (4)(b).

             (6)  For the purpose of making a determination under subsection (1) or paragraph (4)(b) of the amount that would be worked out as the care recipient's ordinary income for the purpose referred to in that subsection or paragraph, the relevant provisions of the Social Security Act 1991 apply as if:

                     (a)  paragraph 8(8)(zc) of that Act were omitted; and

                     (b)  section 1176 of that Act were omitted; and

                     (c)  any other provision of the social security law (within the meaning of the Social Security Act 1991 ) were omitted:

                              (i)  that has the direct or indirect effect of excluding an amount from a person's ordinary income (within the meaning of that Act); and

                             (ii)  that is specified in the Subsidy Principles.

Note:          The effect of this subsection is that certain amounts that would not be included when working out a person's ordinary income under the Social Security Act 1991 will be included for the purposes of working out a care recipient's total assessable income under this section.

             (7)  For the purpose of making a determination under paragraph (2)(b) or (3)(b) of the amount that would be worked out as the care recipient's ordinary/adjusted income for the purpose referred to in the relevant paragraph, the relevant provisions of the Veterans' Entitlements Act 1986 apply as if:

                     (a)  section 59X of that Act were omitted; and

                     (b)  any other provision of the Veterans' Entitlements Act 1986 were omitted:

                              (i)  that has the direct or indirect effect of excluding an amount from a person's ordinary/adjusted income (within the meaning of that Act); and

                             (ii)  that is specified in the Subsidy Principles.

Note:          The effect of this subsection is that certain amounts that would not be included when working out a person's ordinary/adjusted income under the Veterans' Entitlements Act 1986 will be included for the purposes of working out a care recipient's total assessable income under this section.

             (8)  The Secretary may, by notice in writing, request one or more of the following:

                     (a)  the care recipient;

                     (b)  a person acting for or on behalf of the care recipient;

                     (c)  any other person whom the Secretary believes has information that would assist the Secretary in making the determination;

to give, within the period specified in the notice, to the Secretary such information as is specified in the notice for the purposes of making the determination.

Note:          A person is not obliged to provide the information.

             (9)  A determination under subsection (1) or paragraph (2)(b), (3)(b) or (4)(b) takes effect on the day specified by the Secretary. The day may be earlier than the day on which the determination is made.

           (10)  The Secretary must notify, in writing, the care recipient of any determination under subsection (1) or paragraph (2)(b), (3)(b) or (4)(b).

           (11)  The notice must include such matters as are specified in the Subsidy Principles.

           (12)  A determination made under subsection (1) or paragraph (2)(b), (3)(b) or (4)(b) is not a legislative instrument.



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