97ADisability support pension—suspension instead of cancellation under section 94 (person obtains work)

97A  Disability support pension—suspension instead of cancellation under section 94 (person obtains work)

 (a) a person was receiving disability support pension as a result of a claim made before 1 July 2006; and

 (b) the person ceased to be qualified for disability support pension because he or she obtained paid work that was for at least 30 hours per week; and

 (c) the person subsequently informs the Secretary that he or she has obtained that work; and

 (d) the person’s disability support pension was cancelled under section 94 because of that work; and

 (e) within the period of 2 years and 14 days after the person ceased to be qualified for the disability support pension, the person ceases to do work of the kind referred to in paragraph (b);

 (f) the person is to be treated as if section 94 had not applied to the person’s disability support pension; and

 (g) the person’s disability support pension is suspended from the day on which the person ceased to be qualified for the pension.

However, this subsection ceases to apply to a transitional DSP applicant from the date of effect of the first decision about the person’s capacity to perform work made on or after 1 July 2006 following a review of the person’s capacity to perform work.

 (a) subsection (1) does not apply, or has ceased to apply, to a person; and

 (b) the person ceased to be qualified for disability support pension because he or she obtained paid work that is for at least 30 hours per week; and

 (c) the person subsequently informs the Secretary that he or she has obtained that work; and

 (d) the person’s disability support pension was cancelled under section 94 because of that work; and

 (e) within the period of 2 years and 14 days after the person ceased to be qualified for the disability support pension, the person ceases to do work of the kind referred to in paragraph (b);

 (f) the person is to be treated as if section 94 had not applied to the person’s disability support pension; and

 (g) the person’s disability support pension is suspended from the day on which the person ceased to be qualified for the pension.

 (3) Neither subsection (1) nor (2) applies to a person if:

 (a) the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and

 (b) the Secretary’s notice is given before the person informs the Secretary that the person has obtained work.

 (a) the Secretary makes a determination under subsection (1) or (2) suspending a person’s disability support pension; and

 (b) the determination continues in force throughout the period (or the balance of the period) of 2 years and 14 days after its date of effect;