97BDisability support pension—suspension instead of cancellation under section 94 (person’s income)

97B  Disability support pension—suspension instead of cancellation under section 94 (person’s income)  (a) disability support pension ceased to be payable to a person because the rate of the pension was nil as a result of employment income of the person; and  (b) the person subsequently informs the Secretary of that employment income; and  (c) the person’s disability support pension was cancelled under section 94 because the pension ceased to be payable to the person for the reason mentioned in paragraph (a); and  (d) within the period of 2 years and 14 days after the pension ceased to be payable, the employment income of the person is reduced to a rate that would not preclude the person from receiving disability support pension;  (e) the person is to be treated as if section 94 had not applied to the person’s disability support pension; and  (f) the person’s disability support pension is suspended from the day on which the pension ceased to be payable to the person.  (2) Subsection (1) does not apply 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 of the person’s income or increased income.  (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; then, at the end of that period (or the balance of that period), the determination granting the person disability support pension is, by force of this subsection, revoked.  (b) the person’s partner had ceased to be qualified for carer payment when disability support pension ceased to be payable to the person for the reason mentioned in paragraph (1)(a); the Secretary may determine that the partner is to be treated as if the partner’s carer payment had not been cancelled but had been suspended for the period of the suspension of the person’s disability support pension.  (b) within 2 years and 14 days from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and  (6) The reconsideration referred to in paragraph (5)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.  (7) A determination that disability support pension was or is payable to the person under subsection (5) takes effect: 97C  Age pension, disability support pension and carer payment—suspension instead of cancellation under section 93 or 94 (partners) Application  (a) one of the following determinations is made, in relation to a person who is a member of a couple, because of the occurrence of an event or change of circumstances:  (i) a determination under subsection 95D(3), (4) or (5) suspending the person’s age pension because the pension ceased to be payable to the person;  (ii) a determination under subsection 96(1), 97(1), 97A(1) or 97A(2) suspending the person’s disability support pension because the person ceased to be qualified for the pension;  (iii) a determination under subsection 96(3), 97(3) or 97B(1) suspending the person’s disability support pension because the pension ceased to be payable to the person;  (iv) a determination under subsection 56ED(3), (4) or (5) of the Veterans’ Entitlements Act suspending the person’s age service pension, invalidity service pension, income support supplement or veteran payment because the pension, supplement or payment ceased to be payable to the person; and  (b) immediately before the event or change of circumstances, the person’s partner was receiving an age pension, disability support pension or carer payment; and  (c) the partner’s pension or payment ceases to be payable to the partner because the rate of the partner’s pension or payment is nil; and  (d) the partner’s cessation of payability occurs because of the occurrence of the same event or change of circumstances that resulted in the person’s cessation of payability or qualification; and  (e) because of the partner’s cessation of payability, the partner’s pension or payment is to be, or has been, cancelled under section 93 or 94. Note: For suspensions when a person’s partner has been receiving service pension, income support supplement or veteran payment, see section 56EE of the Veterans’ Entitlements Act. Partner suspension determination  (2) The Secretary may determine that:  (a) the partner is to be treated as if section 93 or 94 does not apply or had not applied (as the case may be) to cancel the partner’s pension or payment; and  (b) the partner’s pension or payment is suspended with effect from the day the pension or payment would otherwise have ceased to be payable under section 93 or 94, for a period of:  (i) if section 94 would otherwise have applied—2 years and 14 days; or  (ii) in all other cases—2 years. Resumption of partner’s pension or payment after suspension  (a) the Secretary suspends the partner’s pension or payment under subsection (2); and  (i) the partner did not receive pension or payment that was payable to the partner; or  (ii) the partner is not receiving pension or payment that is payable to the partner; the Secretary is to determine that pension or payment was or is payable to the partner, as the case requires.  (4) The reconsideration referred to in paragraph (3)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.  (5) A determination that pension or payment was or is payable to the partner under subsection (3) takes effect:  (a) if the partner applied for reconsideration under section 129—on the day the application was made; or Cancellation of partner’s pension or payment after period of suspension  (a) the Secretary suspends the partner’s pension or payment for a period under subsection (2); and then, at the end of the period, the determination granting the partner pension or payment is, by force of this subsection, revoked. Partner ceasing to be member of couple  (7) To avoid doubt, subsections (3) to (6) apply to the partner even if the partner ceases to be a member of the couple after the event or change of circumstances referred to in subsection (1).