(c) within the period of 26 weeks after the cancellation, the person’s circumstances (such as the person’s provision of care or the person’s amount of ordinary income) would not preclude the person from receiving carer payment;
the Secretary may determine that:
(d) the person is to be treated as if section 93 had not applied to cancel the person’s carer payment; and
(e) the person’s carer payment is suspended for a period of 26 weeks with effect from the day the carer payment had ceased to be payable under section 93.
Suspension determination—event not notified within notification period
(6) If:
(a) the person does not inform the Department of the event mentioned in paragraph (1)(b) or (2)(b) within the notification period; and
(b) the person’s carer payment has been cancelled under section 94; and
(c) the Department subsequently becomes aware of the event; and
(d) within the period of 28 weeks after the cancellation, the person’s circumstances (such as the person’s provision of care or the person’s amount of ordinary income) would not preclude the person from receiving carer payment;
the Secretary may determine that:
(e) the person is to be treated as if section 94 had not applied to cancel the person’s carer payment; and
(f) the person’s carer payment is suspended for a period of 28 weeks with effect from the day the carer payment had ceased to be payable under section 94.
Residency requirement
(7) The Secretary must not make a determination under subsection (4), (5) or (6) unless the Secretary is satisfied that the person is residing in Australia.
Resumption of carer payment after suspension
(8) If:
(a) the Secretary suspends a person’s carer payment under subsection (4), (5) or (6); and
(b) within the period the suspension is in effect, the Secretary reconsiders the decision to suspend; and
(c) as a result of the reconsideration, the Secretary is satisfied that:
(i) the person did not receive carer payment that was payable to the person; or
(ii) the person is not receiving carer payment that is payable to the person;
the Secretary is to determine that carer payment was or is payable to the person, as the case requires.
(9) The reconsideration referred to in paragraph (8)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.
(10) A determination that carer payment was or is payable to the person under subsection (8) takes effect:
(a) if the person applied for reconsideration under section 129—on the day the application was made; or
(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.
Cancellation of carer payment after period of suspension
(11) If:
(a) the Secretary suspends a person’s carer payment under subsection (4), (5) or (6); and
(b) the suspension continues in effect throughout the period;
then, at the end of the period, the determination granting the person carer payment is, by force of this subsection, revoked.
95D Age pension—suspension instead of cancellation under section 93 or 94
Application
(1) This section applies if:
(a) age pension ceases to be payable to a person because the rate of the person’s pension is nil; and
(b) the rate of the person’s pension is nil because of the occurrence of an event or change of circumstances (the income‑related event) that results in the person’s income reduced rate (see subsection (2)) being nil; and
(c) the person is required to inform the Department of the income‑related event within a specified period (the notification period) because of a notice given to the person under subsection 68(2); and
(d) but for the person’s income reduced rate being nil, age pension would have continued to be payable to the person; and
(e) the person’s pension is to be, or has been, cancelled under section 93 or 94 because the pension ceased to be payable for the reason mentioned in paragraph (b); and
(f) at the time of the cessation, the person’s ordinary income (as used to work out the person’s income reduced rate) includes income for remunerative work performed by the person in Australia as an employee in an employer/employee relationship.
(2) For the purposes of subsection (1), a person’s income reduced rate is the rate worked out at step 8 of the method statement in point 1064‑A1 in Module A of Pension Rate Calculator A.
Suspension determination—event notified within notification period
(3) If:
(a) the person informs the Department of the income‑related event within the notification period; and
(b) the person’s pension has not yet been cancelled under section 93;
the Secretary may determine that:
(c) section 93 does not apply to cancel the person’s pension; and
(d) the person’s pension is suspended for a period of 2 years with effect from the day the pension would otherwise have ceased to be payable under section 93.
(4) If:
(a) the person informs the Department of the income‑related event within the notification period; and
(b) the person’s pension has been cancelled under section 93; and
(c) within the period of 2 years after the cancellation, the ordinary income of the person is of an amount that would not preclude the person from receiving age pension;
the Secretary may determine that:
(d) the person is to be treated as if section 93 had not applied to cancel the person’s pension; and
(e) the person’s pension is suspended for a period of 2 years with effect from the day the pension had ceased to be payable under section 93.
Suspension determination—event not notified within notification period
(5) If:
(a) the person does not inform the Department of the income‑related event within the notification period; and
(b) the person’s pension has been cancelled under section 94; and
(c) the Department subsequently becomes aware of the income‑related event; and
(d) within the period of 2 years and 14 days after the cancellation, the ordinary income of the person is of an amount that would not preclude the person from receiving age pension;
the Secretary may determine that:
(e) the person is to be treated as if section 94 had not applied to cancel the person’s pension; and
(f) the person’s pension is suspended for a period of 2 years and 14 days with effect from the day the pension had ceased to be payable under section 94.
Residency requirement
(6) The Secretary must not make a determination under subsection (3), (4) or (5) unless the Secretary is satisfied that the person is residing in Australia.
Resumption of age pension after suspension
(7) If:
(a) the Secretary suspends a person’s age pension under subsection (3), (4) or (5); and
(b) within the period the suspension is in effect, the Secretary reconsiders the decision to suspend; and
(c) as a result of the reconsideration, the Secretary is satisfied that:
(i) the person did not receive age pension that was payable to the person; or
(ii) the person is not receiving age pension that is payable to the person;
the Secretary is to determine that age pension was or is payable to the person, as the case requires.
(8) The reconsideration referred to in paragraph (7)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.
(9) A determination that age pension was or is payable to the person under subsection (7) takes effect:
(a) if the person applied for reconsideration under section 129—on the day the application was made; or
(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.
Cancellation of age pension after period of suspension
(10) If:
(a) the Secretary suspends a person’s age pension for a period under subsection (3), (4) or (5); and
(b) the suspension continues in effect throughout the period;
then, at the end of the period, the determination granting the person age pension is, by force of this subsection, revoked.
96 Disability support pension—suspension instead of cancellation under section 93
(1) If:
(a) a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and
(b) the person has, within the notification period referred to in section 93, informed the Secretary that the person has obtained that work;
the Secretary may determine:
(c) that section 93 does not apply to the person’s disability support pension; and
(d) that the person’s disability support pension is to be suspended with effect from the day the pension would otherwise have ceased to be payable under section 93.
(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 that the person has obtained work.
(3) If:
(a) disability support pension ceases to be payable to a person because the rate of the pension is nil as a result of employment income of the person; and
(b) the person has informed the Secretary about the employment income within the notification period referred to in section 93;
the Secretary may determine:
(c) that section 93 does not apply to the person’s disability support pension; and
(d) that the person’s disability support pension is to be suspended with effect from the day the pension would otherwise have ceased to be payable under section 93.
(3A) If:
(a) the Secretary makes a determination under subsection (1) or (3) suspending a person’s disability support pension; and
(b) within 2 years from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and
(c) as a result of the reconsideration, the Secretary is satisfied that:
(i) the person did not receive disability support pension that was payable to the person; or
(ii) the person is not receiving disability support pension that is payable to the person;
the Secretary is to determine that the disability support pension was or is payable to the person, as the case requires.
(3B) The reconsideration referred to in paragraph (3A)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.
(3C) A determination that disability support pension was or is payable to the person under subsection (3A) takes effect:
(a) if the person applied for reconsideration under section 129—on the day the application was made; or
(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.
(4) If:
(a) the Secretary suspends a person’s disability support pension under subsection (1) or (3); and
(b) the determination suspending the disability support pension continues in effect throughout the period of 2 years from the date of effect of the determination;
then, at the end of that period of 2 years, the determination granting the person disability support pension is, by force of this section, revoked.
(5) If:
(a) the Secretary suspends a person’s disability support pension under subsection (1) or (3); and
(b) the person has a partner who is receiving:
(i) age pension; or
(ii) disability support pension; or
(iii) service pension, income support supplement or veteran payment;
then, for the period of the suspension, the partner is taken to be partnered (partner getting neither pension nor benefit).
(6) If:
(a) the Secretary suspends a person’s disability support pension under subsection (1) or (3); and
(b) the person has a partner who was, immediately before the suspension, receiving carer payment for the period of the suspension of the person’s disability support pension;
the Secretary must determine that the partner’s carer payment is not to be cancelled but is to be suspended.
97 Disability support pension—suspension taken to have been under section 96
(1) If:
(a) a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and
(b) disability support pension ceases to be payable to the person under section 93; and
(c) within the period of 2 years after the pension ceases to be payable, the person ceases to do work of the kind referred to in paragraph (a);
the Secretary may determine that the person is to be treated as if:
(d) section 93 had not applied to the person’s disability support pension; and
(e) the disability support pension had been suspended under section 96 with effect from the day the pension had ceased to be payable under section 93.
(2) If:
(a) the Secretary makes a determination under subsection (1) in respect of a person; and
(b) the person’s partner had ceased to be qualified for carer payment when the person ceased to be qualified for disability support pension because the person obtained paid work;
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 under section 96 for the period of the suspension of the person’s disability support pension.
(3) If:
(a) disability support pension ceased to be payable to a person under section 93 because the rate of the pension was nil as a result of employment income of the person; and
(b) within the period of 2 years 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;
the Secretary may determine that the person is to be treated as if:
(c) section 93 had not applied to the person’s disability support pension; and
(d) the disability support pension had been suspended under section 96 with effect from the day the pension had ceased to be payable under section 93.
(4) If:
(a) the Secretary makes a determination under subsection (3) in respect of a person; and
(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 (3)(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 under section 96 for the period of the suspension of the person’s disability support pension.
97A Disability support pension—suspension instead of cancellation under section 94 (person obtains work)
(1) If:
(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);
the Secretary may determine that:
(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.
(2) If:
(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);
the Secretary may determine that:
(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.
(4) If:
(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;
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.
(5) If:
(a) the Secretary makes a determination under subsection (1) or (2) suspending a person’s disability support pension; and
(b) the person’s partner had ceased to be qualified for carer payment when the person ceased to be qualified for disability support pension for the reason mentioned in paragraph (1)(b) or (2)(b);
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.
(6) If:
(a) the Secretary makes a determination under subsection (1) or (2) suspending a person’s disability support pension; and