Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 229, 1992 - SECT 34

34. Section 1174 of the Principal Act is amended:

   (a)  by inserting after subparagraph (1)(b)(iii) the following
        subparagraph:

"(iiia) carer pension; or";

   (b)  by omitting from subsection (3) "The" and substituting "Subject to
        subsection (6A), the";
(c) by omitting from subparagraph (5)(b)(v) "because of caring for the
person";
(d) by omitting from subparagraph (6)(b)(v) "because of caring for the
person";

   (e)  by inserting after subsection (6) the following subsections:

"(6A) If:

   (a)  subsection (1) applies to payments of pension, benefit or allowance
        paid to a person for a particular period (the 'overpayment recovery
        period'); and

   (b)  the Secretary is satisfied that family allowance supplement would have
        been payable to the person, or the person's partner, for some or all
        of the overpayment recovery period if:

        (i)    the person or the person's partner had claimed family allowance
               supplement for that period; and

        (ii)   neither the person nor the person's partner had been receiving
               a social security pension or benefit during that period; the
               amount specified in the notice under subsection (1) is to be
               reduced by the notional FAS entitlement.

"(6B) For the purposes of subsection (6A), the 'notional FAS entitlement' is
the amount of family allowance supplement that the person or the person's
partner would, in the Secretary's opinion, have received during the
overpayment recovery period if:

   (a)  the person or the person's partner had claimed family allowance
        supplement for that period; and

   (b)  neither the person nor the person's partner had been receiving a
        social security pension or benefit during that period.

"(6C) In subsections (6A) and (6B):
'family allowance supplement' means family allowance supplement within the
meaning of the Social Security Act 1991 as in force immediately before 1
January 1993.".