Social Services and Other Legislation Amendment Act 2014 (14 of 2014)
Schedule 11 Extending the deeming rules to account-based income streams
Part 2 Application provisions
48 Application provisions
(1) The amendments made by Part 1 apply in relation to working out the ordinary income of a person in relation to days occurring on or after 1 January 2015.
(2) However, if:
(a) a person was receiving an income support payment immediately before 1 January 2015; and
(b) either:
(i) an asset-tested income stream (long term), that is an account-based pension within the meaning of the Superannuation Industry (Supervision) Regulations 1994, was being provided to the person immediately before 1 January 2015; or
(ii) an asset-tested income stream (long term), that is an annuity (within the meaning of the Superannuation Industry (Supervision) Act 1993) provided under a contract that meets the standards determined in an instrument under subparagraph 1099DAA(1)(b)(ii) of the Social Security Act 1991, was being provided to the person immediately before 1 January 2015; and
(c) since the start of that day:
(i) the person has been continuously receiving an income support payment; and
(ii) that asset-tested income stream (long term) has been provided to the person;
then the amendments made by Part 1 do not apply in relation to the person (the primary beneficiary ) and that asset-tested income stream (long term).
(3) If:
(a) while the amendments made by Part 1 do not apply in relation to the primary beneficiary because of subitem (2), the primary beneficiary dies; and
(b) that asset-tested income stream (long term) reverts to a reversionary beneficiary on the primary beneficiary's death; and
(c) at the time of that reversion the reversionary beneficiary is receiving an income support payment; and
(d) since the time of that reversion:
(i) the reversionary beneficiary has been continuously receiving an income support payment; and
(ii) that asset-tested income stream (long term) has been provided to the reversionary beneficiary;
then the amendments made by Part 1 do not apply in relation to the reversionary beneficiary and that asset-tested income stream (long term).
(4) In this item:
income support payment has the meaning given by subsection 23(1) of the Social Security Act 1991.
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