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SOCIAL SECURITY ACT 1991 - SECT 1061ZCA

Extended qualification rule: former recipient of age pension and partner

Qualification

  (1)   Subject to subsections   (8) and (9), a person is qualified for a pensioner concession card for the period of 2 years starting on the day on which this section begins to apply to the person.

Former recipient of age pension with employment income

  (2)   Subject to subsection   (6), this section applies to a person if:

  (a)   the person has been receiving an age pension; and

  (b)   age pension ceases to be payable to the person because the rate of the person's pension is nil; and

  (c)   the rate of the person's pension is nil because of the occurrence of an event or change of circumstances that results in the person's income reduced rate (see subsection   (3)) being nil; and

  (d)   but for the person's income reduced rate being nil, the person would have continued to be qualified for a pensioner concession card because age pension would have continued to be payable to the person; and

  (e)   at the time of the cessation, the person's ordinary income (as used to work out the person's income reduced rate) includes income for remunerative work performed by the person in Australia as an employee in an employer/employee relationship.

  (3)   For the purposes of subsection   (2), a person's income reduced rate is the rate worked out at step 8 of the method statement in point 1064 - A1 in Module A of Pension Rate Calculator A.

Partner of former recipient of age pension with employment income

  (4)   Subject to subsection   (6), this section applies to a person who is a member of a couple if:

  (a)   the person's partner is qualified for a pensioner concession card under this section because subsection   (2) applies to the partner, because of the occurrence of an event or change of circumstances referred to in that subsection and age pension ceasing to be payable to the partner; and

  (b)   immediately before the event or change of circumstances, the person was receiving an age pension, disability support pension or carer payment; and

  (c)   the person's pension or payment ceases to be payable to the person because the rate of the person's pension or payment is nil; and

  (d)   the person's cessation of payability occurs because of the occurrence of the same event or change of circumstances that resulted in the partner's cessation of payability.

  (5)   To avoid doubt, if the person ceases to be a member of the couple after that event or change of circumstances, the person's qualification for a pensioner concession card because of subsection   (4) is not affected.

Residency requirement

  (6)   This section only applies to a person while the person is residing in Australia.

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division   4).

  (7)   However, this section applies to a person in relation to a day if:

  (a)   the person is in Australia on that day but not residing in Australia; and

  (b)   the age pension, disability support pension or carer payment that the person had been receiving was received solely because of the operation of the scheduled international social security agreement between Australia and New Zealand.

No double qualification--person receiving certain other social security payments

  (8)   If, during the period of 2 years referred to in subsection   (1), a person receives an instalment of a social security pension that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.

  (9)   If, during the period of 2 years referred to in subsection   (1), a person receives an instalment of:

  (a)   a youth allowance while subsection   1061ZA(2A) applies to the person; or

  (b)   a jobseeker payment while subsection   1061ZA(2B) applies to the person; or

  (c)   a benefit PP (partnered) while subsection   1061ZA(2D) applies to the person;

that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.


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