Veterans' Affairs and Other Legislation Amendment (Pension Reform) Act 2009 (81 of 2009)

Schedule 4   Supplements

Part 5   Other amendments

Social Security Act 1991

99   Section 1061R

Repeal the section, substitute:

1061R Telephone allowance not payable in some circumstances

Even though a person is qualified for a telephone allowance, the allowance is not payable to the person if:

(a) the person is receiving a social security payment for which a pension supplement amount is used to work out the rate of the payment, with a pension supplement amount that is more than the person's pension supplement basic amount; or

(b) the following subparagraphs apply to the person:

(i) the person is qualified for the telephone allowance because of the application of subsection 1061Q(3C), (3F) or (3G) to the person in relation to a social security payment the person has ceased to receive;

(ii) immediately before the cessation of the payment, a pension supplement amount was used to work out the rate of the payment;

(iii) that pension supplement amount was more than the person's pension supplement basic amount; or

(c) an election by the person under subsection 1061VA(1) is in force; or

(d) the person is receiving seniors supplement under this Act or the Veterans' Entitlements Act; or

(e) the person is receiving MRCA supplement under section 221 or 245 of the Military Rehabilitation and Compensation Act; or

(f) the person is receiving veterans supplement under section 118B of the Veterans' Entitlements Act; or

(g) both:

(i) the person is a member of a couple (other than an illness separated, temporarily separated or respite care couple); and

(ii) the person's partner is receiving veterans supplement under either subsection 118B(2) of the Veterans' Entitlements Act or a determination under subsection 5R(1) of that Act.

Note 1: For the purposes of subparagraph (b)(i), subsections 1061Q(3C) and (3G) have an extended application (see subsections 1061Q(3D), (3E) and (3H)).

Note 2: For member of a couple , illness separated couple , temporarily separated couple and respite care couple , see section 4.

Note 3: Subsection 118B(2) of the Veterans' Entitlements Act covers certain categories of World War I veterans.

Note 4: The relevant determination under subsection 5R(1) of the Veterans' Entitlements Act provides eligibility for veterans supplement to certain categories of World War I Australian mariners.