incomecustomers with previous calculation of ordinary income on a yearly
basis - (1)
- This section applies to a Family and Community Services customer
if, on one or more occasions in the period covered by the 2 qualifying years,
the Secretary was required to work out the customer's ordinary income on a
yearly basis for the purpose of determining the customer's entitlement to any
payment under the Social Security Act 1991 .
- (2)
- If the Secretary was required to work out the amount on only one such
occasion, the customer's annual retirement income and
annual savings and investment income for the purposes of this Part are worked
out in accordance with subsections (3) and (4).
- (3)
- The customer's annual retirement income is the amount of the ordinary
income on a yearly basis that would have been required to be worked out on the
occasion if:
- (a)
- any pension under Part II or IV, or a payment by way of allowance under
Part VI, of the Veterans' Entitlements Act 1986 paid to the customer were
disregarded; and
- (b)
- any application of section 1171 of the Social Security Act 1991 were
disregarded; and
- (c)
- any payment under the Social Security Act 1991 , to the extent that it was
not exempt from income tax under the Income Tax Assessment Act 1997 , were
included in ordinary income; and
- (d)
- any amount taken by Division 1B of Part 3.10 of the Social Security Act
1991 to be ordinary income on a financial asset that is a deprived asset were
disregarded; and
Note: Any actual return on the deprived asset is also disregarded: see
subsection 1083(1) of the Social Security Act 1991 .
- (e)
- the customer were
not a member of a couple.
- (4)
- The customer's annual savings and investment income is worked out as
follows:
Method statement
Step 1. Work out under subsection (3) what would be the
customer's annual retirement income if, in addition to making the assumptions
in that subsection, it were assumed that the below threshold rate determined
under subsection 1082(1) of the Social Security Act 1991 were the same as the
above threshold rate determined under subsection 1082(2) of that Act. Step 2.
Work out how much of the Step 1 amount is attributable to
savings and investments. The result is the customer's annual savings and
investment income .
- (5)
- If the Secretary was required to work out the
customer's ordinary income on a yearly basis on 2 or more occasions during the
period covered by the 2 qualifying years, the customer's
annual retirement income and annual savings and investment income for the
purposes of this Part are worked out as follows:
Method statement
Step 1. Apply subsections (3) and (4) to work out the 2
amounts for each of the occasions. Step 2. Work out for each occasion the
amount of bonus payment to which the customer would be entitled on the basis
of the 2 amounts. Step 3 . The customer's annual retirement income and
annual savings and investment income are the 2 amounts for any occasion that
results in the greatest bonus payment or, if the bonus payments for all of the
occasions are the same, the 2 amounts for any occasion.