Commonwealth Consolidated Regulations

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CHILD SUPPORT (ASSESSMENT) REGULATIONS 1989 - REG 7D

Prescribed payments

         (1)   For paragraph (b) of the definition of income in subsection 66A (4) of the Act, the following payments are prescribed:

                (a)    payments, in the nature of an amenity allowance or gratuity, authorised by the Governor of a prison, to a person serving a term of imprisonment in the prison, to the extent that the payment is not for:

                          (i)    work done by the person inside or outside the prison; or

                         (ii)    approved study undertaken by the person inside or outside the prison; or

                        (iii)    participation by the person in any other program approved by the Governor;

               (b)    support pension payments of the following kinds:

                          (i)    disability support pension paid to a person under the social security law;

                         (ii)    pension paid to a veteran who is totally and permanently incapacitated as mentioned in paragraph 24 (1) (b) of the Veterans' Entitlements Act 1986 ;

                        (iii)    Special Rate Disability Pension paid to a person under Part 6 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004 .

         (2)   For paragraph (1) (b), a pension is a support pension only if the Registrar is satisfied that:

                (a)    at least 85% of the pension is paid by, or on behalf of, the pension recipient to another person; and

               (b)    the other person provides ongoing care to the pension recipient in return for the payment.

         (3)   In this regulation:

"amenity allowance or gratuity" means periodical payments of an incidental nature to a person for any of the following:

                (a)    the purchase of personal items such as toiletries;

               (b)    other minor expenses.

"Governor" means the person in charge of a prison, however described.

"social security law" has the same meaning as in subsection 3 (3) of the Social Security (Administration) Act 1999 .



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