Part 5AExemptions
Exemptions for hospital patients, persons suffering from long-term periods of illness, prisoners, and persons under 16 years: Exemption for hospital patients and persons suffering from long-term periods of illness
89CExemption for long-term hospital patients
A liable person is eligible for an exemption from the payment of financial support for the whole, or part, of a long-term period of hospitalisation of that person if—
- the person's income for that whole period, or that part, will be or was nil, or will be or was calculated only from income consisting solely of—
- income from investments; or
- a social security benefit payable to the person at the rate specified in Part 12 of Schedule 4 of the Social Security Act 2018 as payable to long-term hospital patients or an equivalent benefit in an overseas jurisdiction; and
- income from investments; or
- the person's income from investments (if any) during that whole period, or that part, did not or will not—
- exceed an average amount per week in that whole period, or that part, that is equal to the relevant minimum annual rate of financial support, divided by 52; and
- if that whole period, or that part, is 1 or more full child support years in duration, exceed, in a child support year in that whole period or that part, the relevant minimum annual rate of financial support; and
- exceed an average amount per week in that whole period, or that part, that is equal to the relevant minimum annual rate of financial support, divided by 52; and
- the person applies for the exemption in accordance with section 89H.
For the purposes of subsection (1)(a), a liable person's income during a period of long-term hospitalisation does not include any amounts received by the person during that hospitalisation for, or in respect of, any time up to and including the day on which the period of hospitalisation began.
This section is subject to sections 89F and 89G.
Notes
- Section 89C: inserted, on , by section 17(1) of the Child Support Amendment Act 2006 (2006 No 42).
- Section 89C(1)(a)(ii): amended, on , by section 26 of the Child Support Amendment Act 2021 (2021 No 6).
- Section 89C(1)(a)(ii): amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).
- Section 89C(1A): inserted, on , by section 18 of the Child Support Amendment Act 2013 (2013 No 12).