Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT (No. 4) 1992 No. 191 of 1992 - SECT 9

9. After section 24ABR of the Principal Act the following section is inserted:
Special needs disability support pension - recipients pension age or over

"24ABRA.(1) This section only applies to payments to a person who is pension
age or over.

"(2) The treatment of payments of special needs disability support pension
under section 773 of the Social Security Act 1991 is as follows:

   (a)  the supplementary amount is exempt;

   (b)  the balance is not exempt.

"(3) Subsection (2) has effect subject to section 24ABV (which deals with
bereavement payments).

"(4) If:

   (a)  a taxpayer's partner died; and

   (b)  the taxpayer would have been qualified for payments under a
        bereavement Subdivision but for an exclusion provision (taxpayer's
        pension or allowance increased on partner's death to such an extent
        that no bereavement payments); and

   (c)  the taxpayer derives payments of special needs disability support
        pension under section 773 of the Social Security Act 1991 on one or
        more of the 7 pension paydays after the death; then those payments on
        that payday or each of those paydays are not treated under subsection
        (2) but as follows:

   (d)  the supplementary amounts are exempt;

   (e)  so much of the balance as exceeds what would have been the balance
        (payments less supplementary amounts) if the partner had not died is
        exempt;

   (f)  the rest of the balance is not exempt.".