Commonwealth Consolidated Acts Commonwealth Consolidated ActsApplication--temporary cessation of care limit exceeded
(1) This section applies if:
(a) a person temporarily ceases to provide care for a care receiver or care receivers (see section 198AC of the 1991 Act); and
(b) the person ceases to be qualified for carer payment because of the occurrence of an event or change of circumstances (the event ) that results in the temporary cessation of care exceeding the limit specified in:
(i) subsection 198AC(3) of that Act; or
(ii) the definition of limit in subsection 198AC(3A) of that Act; or
(iii) paragraph 198AC(4)(c) or (5)(c) of that Act; and
(c) because of a notice given to the person under subsection 68(2) of this Act, the person is required to inform the Department, within a specified period (the notification period ), of the occurrence of the event; and
(d) but for the occurrence of the event, the person would still have been qualified for carer payment; and
(e) the person's payment is to be, or has been, cancelled under section 93 or 94 of this Act because the person ceased to be qualified for the reason mentioned in paragraph (b) of this subsection.
Application--income reduced rate nil
(2) This section applies if:
(a) carer payment ceases to be payable to a person because the rate of the person's payment is nil; and
(b) the rate of the person's carer payment is nil because of the occurrence of an event or change of circumstances (the event ) that results in the person's income reduced rate (see subsection (3)) being nil; and
(c) because of a notice given to the person under subsection 68(2), the person is required to inform the Department, within a specified period (the notification period ), of the occurrence of the event; and
(d) but for the person's income reduced rate being nil, carer payment would have continued to be payable to the person; and
(e) the person's payment is to be, or has been, cancelled under section 93 or 94 because the payment ceased to be payable for the reason mentioned in paragraph (b) of this subsection; and
(f) 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 paid work performed by the person in Australia.
(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 of the 1991 Act.
Suspension determination--event notified within notification period
(4) If:
(a) the person informs the Department of the event mentioned in paragraph (1)(b) or (2)(b) within the notification period; and
(b) the person's carer payment has not yet been cancelled under section 93;
the Secretary may determine that:
(c) section 93 does not apply to cancel the person's carer payment; and
(d) the person's carer payment is suspended for a period of 26 weeks with effect from the day the carer payment would otherwise have ceased to be payable under section 93.
(5) If:
(a) the person informs the Department of the event mentioned in paragraph (1)(b) or (2)(b) within the notification period; and
(b) the person's carer payment has been cancelled under section 93; and
(c) within the period of 26 weeks after the cancellation, the person's circumstances (such as the person's provision of care or the person's amount of ordinary income) would not preclude the person from receiving carer payment;
the Secretary may determine that:
(d) the person is to be treated as if section 93 had not applied to cancel the person's carer payment; and
(e) the person's carer payment is suspended for a period of 26 weeks with effect from the day the carer payment had ceased to be payable under section 93.
Suspension determination--event not notified within notification period
(6) If:
(a) the person does not inform the Department of the event mentioned in paragraph (1)(b) or (2)(b) within the notification period; and
(b) the person's carer payment has been cancelled under section 94; and
(c) the Department subsequently becomes aware of the event; and
(d) within the period of 28 weeks after the cancellation, the person's circumstances (such as the person's provision of care or the person's amount of ordinary income) would not preclude the person from receiving carer payment;
the Secretary may determine that:
(e) the person is to be treated as if section 94 had not applied to cancel the person's carer payment; and
(f) the person's carer payment is suspended for a period of 28 weeks with effect from the day the carer payment had ceased to be payable under section 94.
Residency requirement
(7) The Secretary must not make a determination under subsection (4), (5) or (6) unless the Secretary is satisfied that the person is residing in Australia.
Resumption of carer payment after suspension
(8) If:
(a) the Secretary suspends a person's carer payment under subsection (4), (5) or (6); and
(b) within the period the suspension is in effect, the Secretary reconsiders the decision to suspend; and
(c) as a result of the reconsideration, the Secretary is satisfied that:
(i) the person did not receive carer payment that was payable to the person; or
(ii) the person is not receiving carer payment that is payable to the person;
the Secretary is to determine that carer payment was or is payable to the person, as the case requires.
(9) The reconsideration referred to in paragraph (8)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary's own initiative.
(10) A determination that carer payment was or is payable to the person under subsection (8) takes effect:
(a) if the person applied for reconsideration under section 129--on the day the application was made; or
(b) in any other case--on the day the Secretary starts to reconsider the decision to suspend.
Cancellation of carer payment after period of suspension
(11) If:
(a) the Secretary suspends a person's carer payment under subsection (4), (5) or (6); and
(b) the suspension continues in effect throughout the period;
then, at the end of the period, the determination granting the person carer payment is, by force of this subsection, revoked.