Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (No. 4) 1989 No. 164, 1989 - SECT 78

78. After section 251 of the Principal Act the following section is inserted:
Prescribed persons-means test for certain provisions of this Act and
National Health Act

"251A. (1) This section provides a means test for the purposes of such
provisions of this Act and the National Health Act 1953 as refer to prescribed
persons within the meaning of this section.

"(2) The following persons are prescribed persons under this section:

   (a)  in a case to which paragraph (b) or (c) does not apply-a person (other
        than a person who is permanently blind) whose annual rate of income
        exceeds the prescribed rate of income applicable to the person;

   (b)  in the case of a person whose annual rate of pension, benefit or
        allowance is determined under or by reference to paragraph 33 (12) (b)
        or 51 (1) (b) of this Act, not being a person to whom section 7 of
        this Act or section 53 of the Veterans' Entitlements Act 1986
        applies-a person the value of whose property exceeds the prescribed
        property value applicable to the person;

   (c)  in the case of a person whose annual rate of service pension, wife's
        service pension or carer's service pension under Part III of the
        Veterans'  Entitlements Act 1986 is determined under or by reference
        to paragraph 47 (5) (b) or 48 (4) (b) of that Act, not being a person
        to whom section 53 of that Act applies-a person the value of whose
        property calculated under subsections 35 (12) and (13) and section 50
        of that Act, exceeds the prescribed property value applicable to the
        person under subsection 83 (2) of that Act.

"(3) Subject to subsection (4), the prescribed rate of income applicable to a
person is:

   (a)  for an unmarried person-$4,732 per annum; or

   (b)  for a married person-$4,056 per annum.

"(4) Where a person has at least one dependent child, the prescribed rate of
income applicable to the person under subsection (3) is increased:

   (a)  if the person is unmarried-by $1,040 per annum; or

   (b)  if the person is married-by $520 per annum in respect of each child.

"(5) In spite of subsections (3) and (4), where:

   (a)  on or after 1 January 1988, the annual rate of income of a person
        increases so that it exceeds the prescribed rate of income applicable
        to the person; and

   (b)  immediately before the increase, the annual rate of the person's
        income did not exceed that prescribed rate of income; and

   (c)  the amount of the excess is not more than 25% of that prescribed rate
        of income; the person is not, while the amount of the excess continues
        to be not more than 25% of that prescribed rate of income, a
        prescribed person at any time during the period of 13 weeks starting
        on the first pension pay day after that increase occurred.

"(6) Where:

   (a)  subsection (5) applies to a person; and

   (b)  the annual rate of income of the person increases so that it exceeds
        by more than 25% the prescribed rate of income applicable to the
        person; the person becomes a prescribed person under this section, and
        subsection (5) does not apply to the person on a further occasion
        unless the annual rate of income of the person falls below that
        prescribed rate of income.

"(7) For the purposes of subsection (1), the prescribed property value
applicable to a person is:

   (a)  in the case of an unmarried person to whom subparagraph 4 (1) (a) (i)
        applies-$109,500; or

   (b)  in the case of any other unmarried person-the amount referred to in
        paragraph (a) increased by twice the difference between the amount
        referred to in paragraph 8 (d) and the amount referred to in paragraph
        8 (c); or

   (c)  in the case of a married person to whom subparagraph 4 (1) (a) (ii)
        applies-$78,500; or

   (d)  in the case of any other married person-the amount referred to in
        paragraph (c) increased by the difference between the amount referred
        to in paragraph 8 (d) and the amount referred to in paragraph 8 (c).

"(8) In this section:
'income' includes, in the case of a person to whom section 7 of this Act or
section 53 of the Veterans' Entitlements Act 1986 applies, any amount per
annum that is taken into account under subsection (3) of the section concerned
in relation to the person.". Commencement: 1 January 1990