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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 97

Disability support pension—suspension taken to have been under section 96
(1)
If:

(a)
a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and

(b)
disability support pension ceases to be payable to the person under section 93; and

(c)
within the period of 2 years after the pension ceases to be payable, the person ceases to do work of the kind referred to in paragraph (a);

the Secretary may determine that the person is to be treated as if:

(d)
section 93 had not applied to the person's disability support pension; and

(e)
the disability support pension had been suspended under section 96.

(2)
If:

(a)
the Secretary makes a determination under subsection (1) in respect of a person; and

(b)
the person's partner had ceased to be qualified for wife pension or carer payment when the person ceased to be qualified for disability support pension because the person obtained paid work;

the Secretary may determine that the partner is to be treated as if the partner's wife pension or carer payment, as the case may be, had not been cancelled but had been suspended under section 96.

(3)
If:

(a)
disability support pension ceased to be payable to a person under section 93 because the rate of the pension was nil as a result of the income, or increased income, earned by the person from his or her employment; and

(b)
within the period of 2 years after the pension ceased to be payable, the income earned by the person from his or her employment is reduced to a rate that would not preclude the person from receiving disability support pension;

the Secretary may determine that the person is to be treated as if:

(c)
section 93 had not applied to the person's disability support pension; and

(d)
the disability support pension had been suspended under section 96.

(4)
If:

(a)
the Secretary makes a determination under subsection (3) in respect of a person; and

(b)
the person's partner had ceased to be qualified for wife pension or carer payment when disability support pension ceased to be payable to the person for the reason mentioned in paragraph (3)(a);

the Secretary may determine that the partner is to be treated as if the partner's wife pension or carer payment, as the case may be, had not been cancelled but had been suspended under section 96.


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