Commonwealth Consolidated Acts Commonwealth Consolidated Acts
A New Tax System (Family Assistance) Act 1999
1 Subsection 3(1)
Insert:
"2020 economic support payment" means:
(a) a first 2020 economic support payment; or
(b) a second 2020 economic support payment.
"first 2020 economic support payment" means a payment to which an individual is entitled under Division 1 of Part 9.
"second 2020 economic support payment" means a payment to which an individual is entitled under Division 2 of Part 9.
2 After Part 8
Insert:
Part 9 -- 2020 economic support payments
Division 1 -- First 2020 economic support payment
110 When is an individual entitled to a first 2020 economic support payment?
An individual is entitled to a first 2020 economic support payment if subsection 1 16(2), (3) or (4) applies to the individual on a day in the period:
(a) starting on 12 March 2020; and
(b) ending on 13 April 2020.
111 What is the amount of the payment?
The amount of an individual's first 2020 economic support payment under this Division is $750.
(1) If, at the time the Secretary determines whether an individual is entitled to a first 2020 economic support payment under this Division, 2 or more of subsections 116(2), (3) and (4) would otherwise apply to the individual on a day or days occurring in the period mentioned in section 1 10 (whether on the same day or different days), then:
(a) the first of those subsections applies to the individual on that day or those days; and
(b) none of the others apply to the individual during that period.
Note: For the purposes of sections 65JA (payment) and 72 (debts) of the Family Assistance Administration Act, it is necessary to know which subsection of section 1 16 of this Act applies.
(2) If:
(a) a first 2020 economic support payment under the ABSTUDY Scheme; or
(b) a first 2020 economic support payment under Division 1 of Part 2 .6B of the Social Security Act 1991 ; or
(c) a first 2020 economic support payment under Division 1 of Part IIIH of the Veterans' Entitlements Act 1986 ;
is paid to an individual, no payment under this Division can be paid to the individual.
Division 2 -- Second 2020 economic support payment
113 When is an individual entitled to a second 2020 economic support payment?
An individual is entitled to a second 2020 economic support payment if:
(a) subsection 1 16(2), (3) or (4) applies to the individual on 10 July 2020; and
(b) the individual does not receive COVID - 19 supplement under the Social Security Act 1991 in respect of 10 July 2020.
114 What is the amount of the payment?
The amount of an individual's second 2020 economic support payment under this Division is $750.
(1) If, at the time the Secretary determines whether an individual is entitled to a second 2020 economic support payment under this Division, 2 or more of subsections 116(2), (3) and (4) would otherwise apply to the individual on 10 July 2020, then:
(a) the first of those subsections applies to the individual on 10 July 2020; and
(b) none of the others apply to the individual on 10 July 2020.
Note: For the purposes of sections 65JB (payment) and 72 (debts) of the Family Assistance Administration Act, it is necessary to know which subsection of section 1 16 of this Act applies.
(2) If:
(a) a second 2020 economic support payment under the ABSTUDY Scheme; or
(b) a second 2020 economic support payment under Division 2 of Part 2 .6B of the Social Security Act 1991 ; or
(c) a second 2020 economic support payment under Division 2 of Part IIIH of the Veterans' Entitlements Act 1986 ;
is paid to an individual, no payment under this Division can be paid to the individual.
Division 3 -- Eligibility for 2020 economic support payment
116 Eligibility for 2020 economic support payment
(1) This section applies for the purposes of section 1 10 and paragraph 113(a).
(2) Subject to subsection ( 5) of this section, this subsection applies to an individual on a day if:
(a) in relation to that day, a determination under section 1 6 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; and
(b) the rate of family tax benefit payable under the determination in relation to that day consists of or includes a Part A or Part B rate greater than nil.
(3) Subject to subsection ( 5) of this section, this subsection applies to an individual on a day if:
(a) in relation to that day, a determination under section 1 7 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; and
(b) the rate of family tax benefit payable under the determination in relation to that day consists of or includes a Part A or Part B rate greater than nil; and
(c) the determination is made as a result of a claim made in:
(i) the income year in which that day occurs; or
(ii) either of the next 2 income years.
(4) Subject to subsection ( 5) of this section, this subsection applies to an individual on a day if:
(a) in relation to that day, a determination under section 1 8 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; and
(b) the rate of family tax benefit payable under the determination in relation to that day consists of or includes a Part A or Part B rate greater than nil; and
(c) the determination is made as a result of a claim made in:
(i) the income year in which that day occurs; or
(ii) a later income year.
Residence requirement
(5) Subsection ( 2), (3) or (4) does not apply to an individual on a day if the individual does not reside in Australia on that day.
A New Tax System (Family Assistance) (Administration) Act 1999
3 After Division 4 D of Part 3
Insert:
Division 4 DA -- 2020 economic support payment
65JA Payment of first 2020 economic support payment
(1) If an individual is entitled to a first 2020 economic support payment, the Secretary must, subject to subsection ( 2), pay the payment to the individual in a single lump sum:
(a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and
(b) in such manner as the Secretary considers appropriate.
Note: The individual does not have to make a claim for the payment.
(2) The Secretary must not pay the payment on or after 1 July 2022 if the individual is entitled to the payment because subsection 1 16(2) or (4) of the Family Assistance Act applies to the individual on a day.
65JB Payment of second 2020 economic support payment
(1) If an individual is entitled to a second 2020 economic support payment, the Secretary must, subject to subsection ( 2), pay the payment to the individual in a single lump sum:
(a) on the date, occurring on or after 10 July 2020, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and
(b) in such manner as the Secretary considers appropriate.
Note: The individual does not have to make a claim for the payment.
(2) The Secretary must not pay the payment on or after 1 July 2023 if the individual is entitled to the payment because subsection 1 16(2) or (4) of the Family Assistance Act applies to the individual on 10 July 2020.
4 At the end of sub section 6 6(1)
Add:
; (l) 2020 economic support payment.
5 Section 70
Omit "or ETR payment", substitute ", ETR payment or 2020 economic support payment".
6 After section 7 1M
Insert:
72 Debts arising in respect of 2020 economic support payment
(1) This section applies in relation to an individual who has been paid a 2020 economic support payment because subsection 1 16(2), (3) or (4) of the Family Assistance Act applied to the individual on a day.
(2) If:
(a) after the payment was paid to the individual, the determination mentioned in that subsection of the Family Assistance Act, at least so far as the determination relates to that day, is or was (however described) changed, revoked, set aside, or superseded by another determination; and
(b) the decision to change, revoke, set aside or supersede the determination is or was made for the reason, or for reasons including the reason, that the individual knowingly made a false or misleading statement, or knowingly provided false information; and
(c) had the change, revocation, setting aside or superseding occurred on or before that day, the payment would not have been paid;
the amount of the payment is a debt due to the Commonwealth by the individual.
7 Paragraph 7 4(a)
Omit "or ETR payment", substitute ", ETR payment or 2020 economic support payment".
8 Subsection 93A(6) (at the end of the definition of family assistance payment )
Add:
; or (h) a payment of 2020 economic support payment.
9 Subsections 106(3) and 109D(4)
Omit "or ETR payment", substitute ", ETR payment or 2020 economic support payment".
10 Paragraph 1 09D(5)(a)
Omit "or ETR payment", substitute ", ETR payment or 2020 economic support payment".
11 Section 219TA (at the end of the definition of relevant benefit )
Add:
; or (n) 2020 economic support payment.
Income Tax Assessment Act 1997
12 Section 1 1 - 15 (table item headed "family assistance")
After:
economic security strategy payment to families ....... | 52 - 150 |
insert:
economic support payment, first or second 2020 payment | 52 - 150 |
13 Section 1 1 - 15 (table item headed "social security or like payments")
After:
economic security strategy payment under the Social Security Act 1991 |
|
insert:
economic support payment, first or second 2020 payment under the Social Security Act 1991 |
|
economic support payment, first or second 2020 payment under the Veterans' Entitlements Act 1986 |
|
14 After paragraph 52 - 10(1)(ac)
Insert:
(ad) first 2020 economic support payment under the Social Security Act 1991 ; or
(ae) second 2020 economic support payment under the Social Security Act 1991 ; or
15 After subsection 5 2 - 10(1AD)
Insert:
(1B) The following payments are exempt from income tax:
(a) first 2020 economic support payments under Division 1 of Part 2 .6B of the Social Security Act 1991 ;
(b) second 2020 economic support payments under Division 2 of Part 2 .6B of the Social Security Act 1991 .
16 Section 52 - 40 (before table item 1 )
Insert:
1A | 2020 economic support payment | Part 2 .6B | Not applicable | Not applicable |
17 After paragraph 52 - 65(1)(c)
Insert:
(d) first 2020 economic support payments under the Veterans' Entitlements Act 1986 ; or
(da) second 2020 economic support payments under the Veterans' Entitlements Act 1986 ; or
18 After subsection 5 2 - 65(1H)
Insert:
(1J) The following payments are exempt from income tax:
(a) first 2020 economic support payments under Division 1 of Part IIIH of the Veterans' Entitlements Act 1986 ;
(b) second 2020 economic support payments under Division 2 of Part IIIH of the Veterans' Entitlements Act 1986 .
19 Section 52 - 75 (before table item 1 )
Insert:
1A | 2020 economic support payment | Part IIIH | Not applicable |
20 Sub section 5 2 - 131(2)
Repeal the subsection, substitute:
(2) The following payments made to you under the ABSTUDY scheme are exempt from income tax:
(a) a crisis payment;
(b) a clean energy payment;
(c) a first 2020 economic support payment;
(d) a second 2020 economic support payment.
21 After paragraph 52 - 131(8)(aa)
Insert:
(ab) a first 2020 economic support payment; or
(ac) a second 2020 economic support payment; or
22 Section 52 - 150
Omit "or ETR payment", substitute ", ETR payment, first 2020 economic support payment or second 2020 economic support payment".
23 Paragraph 8 (8)(jaa)
Omit "or ETR payment", substitute ", ETR payment, first 2020 economic support payment or second 2020 economic support payment".
24 After paragraph 8(8)(yl)
Insert:
(ym) a first 2020 economic support payment under Division 1 of Part IIIH of the Veterans' Entitlements Act;
(yn) a second 2020 economic support payment under Division 2 of Part IIIH of the Veterans' Entitlements Act;
25 After paragraph 23(4AA)(ab)
Insert:
(ac) Part 2 .6B (2020 economic support payments);
26 After Part 2 .6A
Insert:
Part 2 .6B -- 2020 economic support payments
Division 1 -- First 2020 economic support payment
304 First 2020 economic support payment
Qualification for payment
(1) A person is qualified for a first 2020 economic support payment if subsection 308(2), (3) or (4) applies to the person on a day in the period:
(a) starting on 12 March 2020; and
(b) ending on 13 April 2020.
More than one entitlement
(2) A person may receive one payment only under this Division, regardless of how many times the person qualifies under this section.
(3) If:
(a) a first 2020 economic support payment under the ABSTUDY Scheme; or
(b) a first 2020 economic support payment under Division 1 of Part 9 of the Family Assistance Act; or
(c) a first 2020 economic support payment under Division 1 of Part IIIH of the Veterans' Entitlements Act;
is paid to a person, no payment under this section can be paid to the person.
305 Amount of first 2020 economic support payment
The amount of a person's first 2020 economic support payment under this Division is $750.
Division 2 -- Second 2020 economic support payment
306 Second 2020 economic support payment
Qualification for payment
(1) A person is qualified for a second 2020 economic support payment if:
(a) subsection 308(2), (3) or (4) applies to the person on 10 July 2020; and
(b) the person does not receive COVID - 19 supplement in respect of 10 July 2020.
More than one entitlement
(2) A person may receive one payment only under this Division, regardless of how many times the person qualifies under this section.
(3) If:
(a) a second 2020 economic support payment under the ABSTUDY Scheme; or
(b) a second 2020 economic support payment under Division 2 of Part 9 of the Family Assistance Act; or
(c) a second 2020 economic support payment under Division 2 of Part IIIH of the Veterans' Entitlements Act;
is paid to a person, no payment under this Division can be paid to the person.
307 Amount of second 2020 economic support payment
The amount of a person's second 2020 economic support payment under this Division is $750.
(1) This section applies for the purposes of subsection 304(1) and paragraph 306(1)(a).
Receipt of certain benefits
(2) Subject to subsection ( 5) of this section, this subsection applies to a person on a day if the person receives one of the following benefits in respect of that day:
(a) age pension;
(b) disability support pension;
(c) wife pension;
(d) carer payment;
(e) bereavement allowance;
(f) widow B pension;
(g) widow allowance;
(h) parenting payment;
(i) youth allowance;
(j) austudy payment;
(k) newstart allowance;
(l) jobseeker payment;
(m) sickness allowance;
(n) special benefit;
(o) partner allowance;
(p) carer allowance;
(q) double orphan pension.
Note: References to youth allowance, newstart allowance and jobseeker payment include references to farm household allowance: see section 93 of the Farm Household Support Act 2014 .
Qualified for seniors health card
(3) Subject to subsection ( 5) of this section, this subsection applies to a person on a day if:
(a) the person makes a claim for a seniors health card under Division 1 of Part 3 of the Administration Act on or before that day; and
(b) the person does not withdraw that claim on or before that day; and
(c) the person is qualified for the card on that day.
Qualified for pensioner concession card
(4) Subject to subsection ( 5) of this section, this subsection applies to a person on a day if the person is qualified for a pensioner concession card on that day.
Residence requirement
(5) Subsection ( 2), (3) or (4) does not apply to a person on a day if the person does not reside in Australia on that day.
27 Sub section 1 222(2) (after table item 4G)
Insert:
4H | 1223ABI | deductions | 1231, 1234A |
4J | 1223ABJ | deductions | 1231, 1234A |
28 After section 1 223ABH
Insert:
1223ABI Debts in respect of first 2020 economic support payments
(1) If:
(a) a first 2020 economic support payment under Division 1 of Part 2 .6B is paid to a person; and
(b) after the first 2020 economic support payment is paid to the person, an underlying determination in relation to the person, at least so far as it relates to:
(i) a day included in the period mentioned in subsection 304(1); or
(ii) a period that includes such a day;
is or was (however described) changed, revoked, set aside, or superseded by another determination; and
(c) the decision to change, revoke, set aside or supersede the underlying determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information; and
(d) had the change, revocation, setting aside or superseding occurred on or before that day, the first 2020 economic support payment would not have been paid;
the amount of the first 2020 economic support payment is a debt due to the Commonwealth by the person.
(2) For the purposes of this section, an underlying determination in relation to a person is a determination made under Part 3 of the Administration Act because of which a benefit mentioned in subsection 308(2) of this Act was payable to the person.
(3) If:
(a) a first 2020 economic support payment under Division 1 of Part 2 .6B is paid to a person; and
(b) the person qualified for the payment because of subsection 308(3) applying to the person in relation to having made a claim for a seniors health card; and
(c) the person knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and
(d) the first 2020 economic support payment would not have been paid to the person but for that statement or information;
the amount of the first 2020 economic support payment is a debt due to the Commonwealth by the person.
(4) Apart from section 1 224AA, the other provisions of this Part under which debts arise do not apply in relation to first 2020 economic support payments under Division 1 of Part 2 .6B.
1223ABJ Debts in respect of second 2020 economic support payments
(1) If:
(a) a second 2020 economic support payment under Division 2 of Part 2 .6B is paid to a person; and
(b) after the second 2020 economic support payment is paid to the person, an underlying determination in relation to the person, at least so far as it relates to:
(i) 10 July 2020; or
(ii) a period that includes 10 July 2020;
is or was (however described) changed, revoked, set aside, or superseded by another determination; and
(c) the decision to change, revoke, set aside or supersede the underlying determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information; and
(d) had the change, revocation, setting aside or superseding occurred on or before 10 July 2020, the second 2020 economic support payment would not have been paid;
the amount of the second 2020 economic support payment is a debt due to the Commonwealth by the person.
(2) For the purposes of this section, an underlying determination in relation to a person is a determination made under Part 3 of the Administration Act because of which a benefit mentioned in subsection 308(2) of this Act was payable to the person.
(3) If:
(a) a second 2020 economic support payment under Division 2 of Part 2 .6B is paid to a person; and
(b) the person qualified for the payment because of subsection 308(3) applying to the person in relation to having made a claim for a seniors health card; and
(c) the person knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and
(d) the second 2020 economic support payment would not have been paid to the person but for that statement or information;
the amount of the second 2020 economic support payment is a debt due to the Commonwealth by the person.
(4) Apart from section 1 224AA, the other provisions of this Part under which debts arise do not apply in relation to second 2020 economic support payments under Division 2 of Part 2 .6B.
Social Security (Administration) Act 1999
29 After section 1 2AD
Insert:
12AE 2020 economic support payment
A claim is not required for:
(a) a first 2020 economic support payment under Division 1 of Part 2 .6B of the 1991 Act; or
(b) a second 2020 economic support payment under Division 2 of Part 2 .6B of the 1991 Act.
30 Subsection 4 7(1) (after paragraph ( gf) of the definition of lump sum benefit )
Insert:
(gg) first 2020 economic support payment under Division 1 of Part 2 .6B of the 1991 Act; or
(gh) second 2020 economic support payment under Division 2 of Part 2 .6B of the 1991 Act; or
31 After section 4 7AD
Insert:
47AE Payment of first 2020 economic support payment
(1) If a person is qualified for a first 2020 economic support payment under Division 1 of Part 2 .6B of the 1991 Act, the Secretary must, subject to subsection ( 2), pay the payment to the person in a single lump sum:
(a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and
(b) in such manner as the Secretary considers appropriate.
(2) The Secretary must not pay the payment on or after 1 July 2022.
47AF Payment of second 2020 economic support payment
(1) If a person is qualified for a second 2020 economic support payment under Division 2 of Part 2 .6B of the 1991 Act, the Secretary must, subject to subsection ( 2), pay the payment to the person in a single lump sum:
(a) on the date, occurring on or after 10 July 2020, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and
(b) in such manner as the Secretary considers appropriate.
(2) The Secretary must not pay the payment on or after 1 July 2023.
32 Section 1 23TC
Insert:
"2020 economic support payment" means:
(a) a first 2020 economic support payment under Division 1 of Part 2 .6B of the 1991 Act; or
(b) a second 2020 economic support payment under Division 2 of Part 2 .6B of the 1991 Act; or
(c) a first 2020 economic support payment under the ABSTUDY Scheme; or
(d) a second 2020 economic support payment under the ABSTUDY Scheme; or
(e) a first 2020 economic support payment under Division 1 of Part 9 of the Family Assistance Act; or
(f) a second 2020 economic support payment under Division 2 of Part 9 of the Family Assistance Act.
33 Subdivision DB of Division 5 of Part 3 B (heading)
Omit " Economic ", substitute " 2020 economic support payments, economic ".
34 Before section 1 23XPC
Insert:
123XPBA Deductions from 2020 economic support payments
Scope
(1) This section applies if:
(a) a person is subject to the income management regime; and
(b) a 2020 economic support payment is payable to the person.
Deductions from 2020 economic support payments
(2) The following provisions have effect:
(a) the Secretary must deduct from the 2020 economic support payment the deductible portion of the payment;
(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;
(c) an amount equal to the deductible portion of the payment is credited to the person's income management account.
(3) For the purposes of subsection ( 2), the deductible portion of a 2020 economic support payment is 100% of the amount of the payment.
35 Sub section 1 24PD(1) (after subparagraph ( a)(vii) of the definition of restrictable payment )
Insert:
(viia) a first 2020 economic support payment under Division 1 of Part 2 .6B of the 1991 Act; or
(viib) a second 2020 economic support payment under Division 2 of Part 2 .6B of the 1991 Act; or
(viic) a first 2020 economic support payment under the ABSTUDY Scheme; or
(viid) a second 2020 economic support payment under the ABSTUDY Scheme; or
(viie) a first 2020 economic support payment under Division 1 of Part 9 of the Family Assistance Act; or
(viif) a second 2020 economic support payment under Division 2 of Part 9 of the Family Assistance Act; or
Veterans' Entitlements Act 1986
36 Paragraph 5 H(8)(paa)
Omit "or ETR payment", substitute ", ETR payment, first 2020 economic support payment or second 2020 economic support payment".
37 After paragraph 5H(8)(zzak)
Insert:
(zzal) a first 2020 economic support payment under Division 1 of Part IIIH;
(zzam) a second 2020 economic support payment under Division 2 of Part IIIH;
38 After Part IIIG
Insert:
Part IIIH -- 2020 economic support payment
Division 1 -- First 2020 economic support payment
67L First 2020 economic support payment
(1) A person is eligible for a first 2020 economic support payment if Division 3 applies to the person on a day in the period:
(a) starting on 12 March 2020; and
(b) ending on 13 April 2020.
(2) The amount of a person's first 2020 economic support payment under this Division is $750.
(1) A person may receive one payment only under this Division, regardless of how many times the person becomes eligible under section 6 7L.
(2) If:
(a) a first 2020 economic support payment under the ABSTUDY Scheme; or
(b) a first 2020 economic support payment under Division 1 of Part 9 of the Family Assistance Act; or
(c) a first 2020 economic support payment under Division 1 of Part 2 .6B of the Social Security Act;
is paid to a person, no payment under this Division can be paid to the person.
67N Claim not required for first 2020 economic support payment
A claim is not required for a first 2020 economic support payment under this Division.
67P Payment of first 2020 economic support payment
(1) If a person is eligible for a first 2020 economic support payment under this Division, the Commission must, subject to subsection ( 2), pay the payment to the person in a single lump sum:
(a) on the date that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and
(b) in such manner as the Commission considers appropriate.
(2) The Commission must not pay the payment on or after 1 July 2022.
Division 2 -- Second 2020 economic support payment
67Q Second 2020 economic support payment
(1) A person is eligible for a second 2020 economic support payment if:
(a) Division 3 applies to the person on 10 July 2020; and
(b) the person does not receive COVID - 19 supplement under the Social Security Act in respect of 10 July 2020.
(2) The amount of a person's second 2020 economic support payment under this Division is $750.
(1) A person may receive one payment only under this Division, regardless of how many times the person becomes eligible under section 6 7Q.
(2) If:
(a) a second 2020 economic support payment under the ABSTUDY Scheme; or
(b) a second 2020 economic support payment under Division 2 of Part 9 of the Family Assistance Act; or
(c) a second 2020 economic support payment under Division 2 of Part 2 .6B of the Social Security Act;
is paid to a person, no payment under this Division can be paid to the person.
67S Claim not required for second 2020 economic support payment
A claim is not required for a second 2020 economic support payment under this Division.
67T Payment of second 2020 economic support payment
(1) If a person is eligible for a second 2020 economic support payment under this Division, the Commission must, subject to subsection ( 2), pay the payment to the person in a single lump sum:
(a) on the date, occurring on or after 10 July 2020, that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and
(b) in such manner as the Commission considers appropriate.
(2) The Commission must not pay the payment on or after 1 July 2023.
This Division applies for the purposes of sub section 6 7L(1) and paragraph 6 7Q(1)(a).
Note: Sections 67V to 67ZA are subject to section 6 7ZB (residence requirement).
Service pension or income support supplement
(1) This Division applies to a person on a day if service pension or income support supplement is payable to the person on that day.
(2) For the purposes of subsection ( 1), and without limiting that subsection, service pension or income support supplement is taken to be payable to a person on a day (the test day ) if:
(a) service pension or income support supplement ceases to be payable to the person on a day (the cessation day ) occurring on or before the test day; and
(b) that cessation occurs because of employment income the person or the person's partner earns, derives or receives (either alone or in combination with any other ordinary income earned, derived or received by the person or the person's partner); and
(c) were it not for the employment income, or the combined income, referred to in paragraph ( b), the pension or supplement would be payable to the person throughout the period:
(i) starting on the cessation day; and
(ii) ending on the test day; and
(d) the cessation day occurs no earlier than 12 weeks before the test day.
Disability pension or war widow's/widower's pension under Part II or IV
(3) This Division applies to a person on a day if:
(a) the person receives for that day a pension under Part II or IV at a rate determined under or by reference to section 22, 23, 24, 25 or 27; and
(b) the person's rate of the pension is greater than nil for that day.
(4) This Division applies to a person on a day if:
(a) the person receives for that day a pension under Part II or IV at a rate determined under or by reference to subsection 30(1); and
(b) the person's rate of the pension is greater than nil for that day.
(5) For the purposes of subsections ( 3) and (4), a person is taken to receive a pension under Part II or IV at a rate greater than nil even if the person's rate would be nil, or pension would not be payable, merely because the rate is reduced, or pension is not payable, under Division 4 , 5 or 5A of Part II or section 7 4.
Veteran payment
(6) This Division applies to a person on a day if:
(a) veteran payment is payable to the person on that day; and
(b) veteran payment is so payable because of a claim made on or before that day.
67W Veterans' Children Education Scheme
This Division applies to a person on a day if:
(a) a payment under the Veterans' Children Education Scheme is payable to the person on that day; and
(b) the payment is so payable because of a claim the person makes on or before that day; and
(c) the person turns 16 on or before that day.
67X Seniors health card, gold card etc.
Seniors health card
(1) This Division applies to a person on a day if:
(a) the person makes a claim for a seniors health card under Division 2 of Part VIIC on or before that day; and
(b) the person does not withdraw that claim on or before that day; and
(c) the person is eligible for the card on that day.
(2) This Division applies to a person on a day if:
(a) the person is the holder of a seniors health card on that day because of subsection 1 18XA(3); and
(b) the person is eligible for the card on that day .
Gold card
(3) This Division applies to a person on a day if:
(a) the person is, on that day, the holder of a card, known as the Repatriation Health Card--For All Conditions, that evidences the person's eligibility under this Act or the MRCA to be provided with treatment for all injuries or diseases; and
(b) the person is eligible for the card on that day .
(4) This Division applies to a person on a day if:
(a) the person makes a claim, on or before that day, under:
(i) section 8 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 ; or
(ii) section 9 of the Treatment Benefits (Special Access) Act 2019 ;
for a determination that he or she is an eligible person; and
(b) the person does not withdraw that claim on or before that day; and
(c) the person is an eligible person (within the meaning of that Act) on that day .
Fringe benefits
(5) This Division applies to a person on a day if the person is eligible for fringe benefits under subsection 5 3A(1A) of this Act on that day.
Compensation for permanent impairment
(1) This Division applies to a person on a day if either or both of the following apply:
(a) weekly compensation under Part 2 of Chapter 4 of the MRCA:
(i) is payable to the person for that day; or
(ii) would be payable to the person for that day apart from paragraph 398(3)(b) of the MRCA and offsetting described in subsection 1 3(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 ;
(b) the person receives lump sum compensation under Part 2 of Chapter 4 of the MRCA on or before that day.
Special Rate Disability Pension
(2) This Division applies to a person on a day if Special Rate Disability Pension under the MRCA:
(a) is payable to the person for that day; or
(b) would be payable to the person for that day apart from section 204, and paragraph 398(3)(b), of the MRCA.
Compensation for wholly dependent partners
(3) This Division applies to a person on a day if either or both of the following apply:
(a) weekly compensation under Division 2 of Part 2 of Chapter 5 of the MRCA either:
(i) is payable to the person for that day; or
(ii) would be payable to the person for that day apart from paragraph 398(3)(b) of the MRCA;
(b) both:
(i) the person receives lump sum compensation under Division 2 of Part 2 of Chapter 5 of the MRCA on or before that day; and
(ii) subsection 388(6) of the MRCA does not apply to the person before that day.
67Z Education scheme under MRCA
This Division applies to a person on a day if:
(a) a payment under the scheme determined under section 258 of the MRCA is payable to the person on that day; and
(b) the payment is so payable because of a claim the person makes on or before that day; and
(c) the person turns 16 on or before that day.
67ZA Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988
This Division applies to a person on a day if:
(a) at any time, the person receives a payment of compensation under section 24 of the Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988 ; and
(b) the payment is paid because of a claim the person makes on or before that day.
Despite sections 67V to 67ZA, this Division does not apply to a person on a day if the person does not reside in Australia on that day.