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FAMILY LAW REGULATIONS 1984 - REG 12A

Prescribed pensions, allowances or benefits--subsection 4(1) of the Act

    For the purposes of the definition of income tested pension, allowance or benefit in subsection   4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:

  (a)   the following entitlements under the Veterans' Entitlements Act 1986 :

  (i)   a service pension within the meaning given by subsection   5Q(1) of that Act;

  (ii)   a veteran payment within the meaning given by subsection   5Q(1) of that Act;

  (iii)   income support supplement under Part   IIIA of that Act;

  (b)   a social security pension or a social security benefit within the meaning given by subsection   23(1) of the Social Security Act 1991 ;

  (c)   a family tax benefit within the meaning given by subsection   3(1) of the A New Tax System (Family Assistance) Act 1999 , the Part A rate of which is higher than the base rate under clause   4 of Schedule   1 to that Act;

  (ca)   so much of an allowance under the Aboriginal study assistance scheme, within the meaning given by subsection   23(1) of the Social Security Act 1991 , as is means tested;

  (d)   the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph   (a) of the definition of current special educational assistance scheme in subsection   3(1) of the Student Assistance Act 1973 , that is greater than the non means tested amount of the allowance;

  (e)   a payment under the scheme known as the New Enterprise Incentive Scheme;

  (ea)   a payment under the program known as:

  (i)   the Self - Employment Assistance program; or

  (ii)   if the Self - Employment Assistance program is known by another name--that other name;

  (f)   an AUSTUDY benefit under Part   2 of the Student and Youth Assistance Act 1973 as in force immediately before 1   July 1998.

Note:   For the purposes of subparagraph   (ea)(ii), if the name of the Self - Employment Assistance program changes, notice must be given of that change (see subsection   23(25) of the Social Security Act 1991 ).


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